CHAPTER 120

BEER, LIQUOR AND WINE CONTROL

120.01  General Prohibition                                                   120.04  Public Consumption or Intoxication

120.02  Persons Under Legal Age                                          120.05  Open Container on Streets and Highways

120.03  (Repealed by Ordinance No. 97-145)                        120.06  License or Permit Required

120.07 Penalty

120.01     GENERAL PROHIBITION.  It is unlawful to manufacture for sale, sell, offer or keep for sale, possess, or transport alcoholic liquor, wine, or beer except upon terms, conditions, limitations, and restrictions enumerated in State law and this Code of Ordinances.

(Code of Iowa, Sec. 123.2)

120.02     PERSONS UNDER LEGAL AGE.  As used in this section, “legal age” means twenty-one (21) years of age or more.

1.      A person or persons under legal age shall not purchase or attempt to purchase or individually or jointly have alcoholic liquor, wine or beer in their possession or control; except in the case of liquor, wine or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine and beer during the regular course of the person’s employment by a liquor control licensee, or wine and beer permittee under State laws.

(Code of Iowa, Sec. 123.47[2])

2.      A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage, wine or beer from any licensee or permittee.

(Code of Iowa, Sec. 123.49[3])

120.03     PERSONS AGE EIGHTEEN, NINETEEN AND TWENTY. 

(Repealed by Ordinance No. 97-145 – Jan. 02 Supp.)

120.04     PUBLIC CONSUMPTION OR INTOXICATION. 

1.      As used in this section unless the context otherwise requires:

A.     “Arrest” means the same as defined in section 804.5 of the Code of Iowa and includes taking into custody pursuant to section 232.19 of the Code of Iowa.

B.      “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.

C.      “Peace Officer” means the same as defined in section 801.4 of the Code of Iowa.

D.     “School” means a public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade twelve.

2.      A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways.  A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license.  A person shall not possess or consume alcoholic liquors, wine or beer on public school property or while attending any public or private school-related function.  A person shall not be intoxicated or simulate intoxication in a public place.  A person violating this subsection is guilty of a simple misdemeanor.

3.      when a peach officer arrests a person on a charge of pulic intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense.  If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested.  In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation.  The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol at the time of arrest.

(Code of Iowa, Sec. 123.46)

120.05.    OPEN CONTAINER ON STREETS AND HIGHWAYS.  (See Section 62.08 of this Code of Ordinances.)

120.06.    LICENSE OR PERMIT REQUIRED.  It is unlawful for any person to manufacture for sale, sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer without first securing a liquor control license, wine permit or beer permit in accordance with the provisions of Chapter 123 of the Code of Iowa.

(Code of Iowa, Sec. 123.2 and 123.171)

120.07      PENALTY.  Any person(s) selling alcoholic liquor, wine or beer to a person under legal age shall be guilty of a simle misdemeanor, punishable as a scheduled violation.


CHAPTER 121

CIGARETTE PERMITS

121.01  Definitions                                                                  121.06  Refunds

121.02  Permit Required                                                        121.07  Persons Under Legal Age

121.03  Applications                                                                121.08  Permit Suspension and Revocation

121.04  Fees                                                                            121.09  Effect of Revocation

121.05  Issuance and Expiration                                            121.10  Self-Service Displays Prohibited

121.01    DEFINITIONS.  For use in this chapter the following terms are defined:

1.      “Cigarette” means any roll for smoking made wholly or in part of tobacco, or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material.  However, this definition is not to be construed to include cigars.

(Code of Iowa, Sec. 453!.1[2])

2.      “Place of business” means any place where cigarettes are sold, stored or kept for the purpose of sale or consumption by a retailer.

(Code of Iowa, Sec. 453!.1[17])

3.      “Retailer” means every person who sells, distributes or offers for sale for consumption, or possesses for the purpose of sale for consumption, cigarettes, irrespective of the quantity or amount or the number of sales.

(Code of Iowa, Sec. 453!.1[19])

4.      “Tobacco products” means the following:  cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts or refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking, but does not mean cigarettes.

(Code of Iowa, Sec. 453A.1[23])

121.02    PERMIT REQUIRED.  It is unlawful for any person, other than a holder of a retail permit, to sell cigarettes at retail and no retailer shall distribute, sell or solicit the sale of any cigarettes within the City without a valid permit for each place of business.  The permit shall be displayed publicly in the place of business so that is can be seen easily by the public.  No permit shall be issued to a minor.

(Code of Iowa, Sec. 453A.13)

121.03    APPLICATION.  A completed application on forms provided by the State department of Revenue and Finance and accompanied by the required fee shall be filed with the Clerk.  Renewal applications shall be filed at least five (5) days prior to the last regular meeting of the Council in June.  If a renewal application is not timely filed, and a special Council meeting is called to act on the application, the costs of such special meeting shall be paid by the applicant. (Code of Iowa, Sec. 453A.13)


121.04    FEES.  The fee for a retail cigarette permit shall be as follows:
(Code of Iowa, Sec. 453A.13)

            FOR PERMITS GRANTED DURING                                            FEE:

                        July, August or September                                                      $75.00

                        October, November, or December                                          $56.25

                        January, February, or March                                                   $37.50

                        April, May or June                                                                  $18.75

121.05    ISSUANCE AND EXPIRATION.  Upon proper application and payment of the required fee, a permit shall be issued.  Each permit issued shall describe clearly the place of business for which it is issued and shall be non-assignable.  All permits expire on June 30 of each year.

121.06    REFUNDS.  A retailer may surrender an unrevoked permit and receive a refund from the City, except during April, May or June, in accordance with the schedule of refunds as provided in Section 453.12 of the Code of Iowa. (Code of Iowa, Sec. 453A.13)

121.07    PERSONS UNDER LEGAL AGE.  No person shall sell, give or otherwise supply any tobacco, tobacco products or cigarettes to any person under eighteen (18) years of age.  The provision of this section includes prohibiting a minor from purchasing cigarettes or tobacco products from a vending machine. (Code of Iowa, Sec. 453A.2 and 453A.36[6])

121.08    PERMIT SUSPENSION AND REVOCATION.  If a retailer or employee of a retailer violates the provisions of Section 121.07, the Council shall, after written notice and hearing, and in addition to the standard penalty, assess the following:

1.      For a first violation, the violator shall be asses a civil penalty in the amount of three hundred dollars ($300.00).  Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.

2.      For a second violation within a period of two (2) years, the violator’s permit shall be suspended for a period of thirty (30) days.

3.      For a third violation within a period of five (5) years, the violator’s permit shall be suspended for a period of sixty (60) days.

4.      For a fourth violation within a period of five (5) years, the violator’s permit shall be revoked.

The Clerk shall give ten (10 days’ written notice to the retailer by mailing a copy of the notice to the place of business as it appears on the application for a permit.  The notice shall state the reason for the contemplated action and the time and place at which the retailer may appear and be heard.
(Code of Iowa, Sec. 453A.22)

121.09    EFFECT OF REVOCATION.  If a permit is revoked, no new permit shall be issued to the retailer or for the place of business for one (1) year after the date of revocation unless good cause to the contrary is shown to the Council. (Code of Iowa, Sec. 453.22[3])

121.10    SELF-SERVICE DISPLAYS PROHIBITED.  It is unlawful for any retailer to sell cigarettes or tobacco products in a quantity of less than a carton, through the use of self-service displays.


CHAPTER 122

PEDDLERS, SOLICITORS AND TRANSIENT

MERCHANTS

122.01  Purpose                                                                      122.08  Display of License

122.02  Definitions                                                                  122.09  License Not Transferable

122.03  License Required                                                        122.10  Time Restriction

122.04  Application for License                                               122.11  Revocation of License

122.05  License Fees                                                              122.12  License Exemptions

122.06  Bond Required                                                           122.13  Religious and Charitable Organizations

122.07  License Issued

122.01    PURPOSE.  The purpose of this chapter is to protect residents of the City against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors and transient merchants.

122.02    DEFINITIONS.  For use in this chapter the following terms are defined:

1.      “Peddler” means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street.

2.      “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.

3.      “Transient merchant” means any person who engages in a temporary or itinerate merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle which is parked anywhere within the City limits.  Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader or auctioneer does not exempt any person from being considered a transient merchant.

122.03    LICENSE REQUIRED.  Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining a license as herein provided is in violation of this chapter.

122.04    APPLICATION FOR LICENSE.  An application in writing shall be filed with the Clerk for a license under this chapter.  Such application shall set forth the applicant’s name, permanent and local address and business address if any.  The application shall also set forth the applicant’s employer, if any, and the employer’s address, the nature of the applicant’s business, the last three places of such business and the length of time sought to be covered by the license.  An application fee of ten dollars ($10.00) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.

122.05    LICENSE FEES.  The following license fees shall be paid to the Clerk prior to the issuance of any license.

1.      Solicitors.  In addition to the application fee for each person actually soliciting (principal or agent), a fee for the principal of ten dollars ($10.00) per year.

2.      Peddlers or Transient Merchants.

A.    For one day…………………………….$ 10.00

B.     For one week……………………………$  25.00

C.     For up to six (6) months………………...$100.00

D.    For one year or major part thereof……...$175.00

122.06    BOND REQUIRED.  Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.

122.07    LICENSE ISSUED.  If the Clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct and the license fee paid, a license shall be issued immediately.

122.08    DISPLAY OF LICENSE.  Each solicitor or peddler shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter.  Each transient merchant shall display publicly such merchant’s license in the merchant’s place of business.

122.09    LICENSE NOT TRANSFERABLE.  Licenses issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application.

122.10    TIME RESTRICTION.  All peddler’s and solicitor’s licenses shall provide that said licenses are in force and effect only between the hours or eight o’clock (8:00) a.m. and seven o’clock (7:00) p.m.

122.11    REVOCATION OF LICENSE.  After notice and hearing, the Council may revoke any license issued under this chapter for the following reasons:

1.      Fraudulent Statements.  The licensee has made fraudulent statements in the application for the license or in the conduct of the business.

2.      Violation of Law. The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.

3.      Endangered Public Welfare, Health or Safety.  The licensee has conducted the business in such manner as to endanger the public welfare, safety order or morals.

112.12    LICENSE EXEMPTIONS.  The following are excluded from the application of this chapter.

1.       Newspapers.  Persons delivering, collecting for or selling subscriptions to newspapers.

2.       Club Members.  Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar organizations.

3.       Local Residents and Farmers.  Local residents and farmers who offer for sale their own products.

4.       Students.  Students representing the Seymour Community School District conducting projects sponsored by organizations recognized by the school.

5.       Route Sales.  Route delivery persons who only incidentally solicit additional business or make special sales.

6.       Resale or Institutional Use.  Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.

112.13  RELIGIOUS AND CHARITABLE ORGANIZATIONS.  Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504A of the Code of Iowa desiring to solicit money or distribute literature are exempt from the operation Sections 122.04 and 122.05.  all such organizations are required to submit in writing to the Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities re to be carried on, and whether any commissions, fees or wages are to be charged by the solicitor and the amount thereof.  If the Clerk finds that the organization is a bona fide charity or nonprofit organization the Clerk shall issue, free of charge, a license containing the above information to the applicant.