[Ord. 2012-332 (part); Ord. 2012-163 § 1 (part)]
In the adoption of this chapter, and as an aid in the construction, interpretation and enforcement of this chapter, the City Council finds:
A. 
There has been an increase in the number of so-called private locker, private social, after-hours or bottle clubs where liquor, wine and or beer is kept, stored, sold or consumed.
B. 
There is an increasing tendency to establish such private locker, private social, after-hours or bottle clubs which do not have or may not require a permit or license from the Alcoholic Beverages Division of the State of Iowa in or near residential areas.
C. 
That the unlicensed and unregulated consumption of liquor leads to violations of law and is detrimental to the public health, welfare and morals and may degenerate into a public nuisance.
D. 
That in many instances the establishment or creation of such private locker, private social, after-hours or bottle clubs is merely a scheme or device to circumvent the laws regulating the licensing and regulation of liquor establishments, placing of liquor establishments in prohibited areas and the payment of licensing fees.
E. 
That such practices tend to cause inconvenience, annoyance and nuisance to the public generally and to the neighborhoods in which they are located specifically and are detrimental to the good order, health, morals, public safety and welfare of the community as a whole.
For the foregoing reasons, it is the intent and purpose of this chapter to prohibit the establishment of a private locker, private social, after-hours or bottle club contrary to the provisions of this chapter and to prevent the use of any trick, artifice or evasion to circumvent the declared policy of this state and of the City in regulating the dispensing of intoxicating liquors within the City.
[Ord. 2012-332 (part); Ord. 2012-163 § 1 (part)]
As used in this chapter, unless the context otherwise requires:
A. 
ALCOHOL – Means the product of distillation of any fermented liquor rectified one or more times, whatever the origin thereof, including synthetic ethyl alcohol.
B. 
ALCOHOLIC BEVERAGE – Means any beverage containing more than 1/2 of 1% of alcohol by volume including alcoholic liquor, wine and beer.
C. 
CLUB – Means any nonprofit corporation or association of individuals that have filed articles with the state which exists for the promotion of some common object other than the sale or consumption of alcoholic beverages, membership in which entails the payment of dues; and which is not operated for a profit other than such profits as would accrue to the entire membership; and that is operated solely for objects of national or state-wide social, patriotic, recreational, benevolent or similar purpose.
D. 
PRIVATE LOCKER, PRIVATE SOCIAL, AFTER-HOURS OR BOTTLE CLUB – Means any group, corporation or association of individuals, not licensed or permitted by the Iowa Alcoholic Beverages Division, wherein members of the group, corporation or association provide their own or collectively keep or have alcoholic beverages readily accessible to said members after payment of dues, membership fee, cover charge or something similar and where alcoholic beverages are consumed on the premises. This definition does not include a private social gathering hosted by a private social host in their private residence or a private social gathering at a nonresidential location under the exclusive possession and control of the private social host for a non-repetitive special social event such as a wedding reception, anniversary party, birthday party, graduation party or similar event.
All words and phrases used in this chapter which are not defined herein shall have the meaning ascribed to such words and phrases in the Iowa Alcoholic Beverage Control Act unless a different meaning is clearly intended from the context.
[Ord. 2012-332 (part); Ord. 2012-163 § 1(part)]
No person shall keep, maintain, operate, lease any premises, building or place for use as a private locker, private social, after-hours or bottle club without first having obtained a bottle club license from the City as provided in this chapter.
[Ord. 2012-332 (part); Ord. 2012-163 (part)]
A. 
An application for a bottle club license shall be made in conformance with the provisions of this chapter.
B. 
The application shall be made and submitted in writing, signed by the applicant if an individual. If the applicant is a corporation or association of individuals, the application shall be signed by the duly authorized agent thereof. The application shall be verified by oath or affidavit and shall include the following statements and information:
1. 
In the case of an individual: the name, residence address, current telephone number and social security number; in the case of a corporation or association of individuals: the names, residence addresses and social security numbers of all officers, directors, partners, owners, and any persons directly or indirectly benefiting financially by an interest in the corporation or association; and the name, residence address, telephone number and social security number of all managers;
2. 
The character of the business of the proposed bottle club;
3. 
A description of the premises for which a license is desired which shall set forth such other material information, description, plan or drawing of that part of the premises where it is proposed to consume or keep alcoholic beverages, which description shall include the street address of the premises or place of business which is to be operated under such permit and the applicable zoning of the premises;
4. 
The name and address of the owner of the premises; if the premises is leased, a copy of the lease agreement;
5. 
A copy of every agreement for the management and operation of the proposed bottle club;
6. 
A statement as to whether the applicant has made application for a similar license with this or any other jurisdiction and the disposition of such application;
7. 
A statement as to whether the applicant is qualified to receive said license pursuant to the provisions of this chapter;
8. 
A statement as to whether the applicant has ever been convicted of a felony, gambling offense, violation of the law regarding the manufacture, possession or sale of any controlled substance, or a violation of any law regarding alcoholic beverages;
9. 
A statement as to whether any previous alcoholic beverages permit or license issued by any state or subdivision thereof has been denied, suspended or revoked and the reasons for such action;
10. 
A statement that the applicant will not violate any of the laws of the state of Iowa or any provision of the City code in the conduct of its business.
C. 
At the time of filing an application for a bottle club license and upon payment of the license fee, the applicant shall provide proof to the finance department that it has obtained liquor liability (dramshop) insurance for the operation of the bottle club premises in the aggregate amount of $1,000,000 single limit per occurrence; said insurance policy shall be for a term in coexistence with the duration of the applicable license period and shall not be subject to cancellation except upon 30 days' prior notice to the City; the termination or lapse of a permittee's insurance coverage shall be grounds for revocation of such license. The amount of the license fee shall be established by resolution.
D. 
When the application for a bottle club license is received by the finance department, the director or designee shall cause said application to be submitted to the police department, fire department and land use division for review purposes. The police department shall conduct a background check on the applicant and provide the director with a recommendation to approve or deny the license. The fire department shall inspect the premises for compliance with fire and safety codes and shall provide the director with a recommendation to approve or deny the license. The land use division shall review the premises for compliance with the City's zoning regulations and provide the director with a recommendation for approval or denial of the license. The review recommendations for approval or denial shall be completed and provided to the director with 21 days' of the receipt of the application for review.
E. 
An application for a bottle club license may be denied for any of the reasons contained in Chapter 5.01, and in addition, for any of the following reasons:
1. 
Any principal has been convicted of a felony, gambling offense, violation of the law regarding the manufacture, possession or sale of any controlled substance, or a violation of any law regarding alcoholic beverages within a period of five years;
2. 
Any principal has had a previous alcoholic beverages permit or license issued by any state or subdivision thereof denied, suspended or revoked;
3. 
The applicant has not paid the fee or provided satisfactory proof of insurance;
4. 
Any principal has not attained the age of 21;
5. 
Any principal has violated any provision of this chapter or Chapter 5.10 of the Davenport Municipal Code
F. 
A bottle club license may be suspended or revoked for any of the reasons that would support a denial of the issuance of a license and for violations of the law including nuisance abatement.
G. 
The denial, suspension or revocation of a license may be appealed by the applicant or licensee to the designated hearing officer according to the applicable provisions of the City code.
[Ord. 2012-332 (part); Ord. 2012-163 § 1 (part)]
A. 
A bottle club license is not assignable or transferable.
B. 
A bottle club shall not charge any fee to a guest for entry into the club or for the right or privilege of consuming alcohol or food within the club. A bottle club may allow a nonmember to consume alcoholic beverages or food stuffs at no charge as a guest of a member. In order for a non-member to be able to consume alcohol or food as a guest of a member the club must have verified the nonmember's identification through presentation of a driver's license or state identification and must keep a log of the following information: the date and time of the nonmember guest's admission, the nonmember guest's name and date of birth, and the name of the member serving as the guest's host. This record shall be made available to any law enforcement officer upon request.
C. 
A bottle club shall not permit consumption of alcoholic beverages on the bottle club premises by minors or visibly intoxicated persons.
D. 
Any law enforcement officer of the City or any member of the fire department, building department or finance department shall be permitted to enter any licensed premises at any reasonable time for the purpose of making inspection or maintaining order. It shall be the duty of every licensee to afford free access to every part of such establishment and to render all aid and assistance necessary to enable such persons to make a full, thorough and complete examination of the premises to determine compliance with this chapter. Refusal to permit such inspection is illegal.
E. 
A bottle club license is a privilege.
F. 
A licensee shall not permit any gambling, except in accordance with Iowa Code chapters 99B, 99D or 99F, and shall not permit solicitation for immoral purposes or disorderly conduct on the premises.
G. 
A bottle club shall not sell or dispense any alcoholic beverages on the licensed premises or permit its consumption thereon between the hours of 2:00 a.m. and 11:00 a.m.
H. 
A bottle club shall not store any alcoholic liquor in any container except its original package.
I. 
A bottle club shall not employ any person under the age of 21 years of age in the sale or serving of alcoholic beverages for consumption on the premises.
J. 
A bottle club shall not permit or engage in any criminal activity on the premises.
K. 
A bottle club shall not allow any person under the age of 21 years of age to remain in the premises.
L. 
In any action to enjoin or establish a nuisance, evidence of the general reputation of the premises described in the petition or notice shall be admissible for the purpose of proving the existence of the nuisance.
M. 
Use or possess a machine to vaporize an alcoholic beverage for the purpose of being consumed in vaporized form.
N. 
A bottle club shall not have or maintain any residential or sleeping quarters or similarly designed or furnished room or space.
O. 
For zoning purposes a bottle club shall be subject to zoning regulations applicable to a business regulated pursuant to Chapter 5.10 including distance separation requirements. Notwithstanding the foregoing, no bottle club shall be operated or maintained within a residentially zoned district or within one block of a residentially zoned district.
P. 
A bottle club shall maintain a current roster of its membership showing the name, date of birth and address for every member and a statement of the fees, dues or other compensation paid by said member for membership in the bottle club. This record shall be made available to any law enforcement officer upon request.
Q. 
A C.P.T.E.D. lighting survey of the proposed bottle club shall be conducted by the police department and the bottle club shall install and at all times maintain adequate security lighting as set forth in the police department's C.P.T.E.D. lighting survey report.
[Ord. 2012-332 (part); Ord. 2012-163 § 1 (part)]
A licensee who, while exercising the privileges granted by said license violates any provision of the City code may be subject to the suspension or revocation of said license. Suspension or revocation shall be handled in the same manner as that set forth in Chapter 5.01. Additionally, any person violating any of the provisions of this chapter shall be guilty of a municipal infraction or, if the section violated may be charged as a simple misdemeanor violation under state law, the offense may be charged as a simple misdemeanor. A separate and distinct offense shall be deemed to be committed for each day that any person continues in violation of any of the provisions of this chapter.