[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.
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[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.