TITLE VI – REGULATION OF BUSINESS AND VOCATIONS TABLE OF CONTENTS

TITLE VI – REGULATION OF BUSINESS AND VOCATIONS  TABLE OF CONTENTS
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
TABLE OF CONTENTS
BEER, LIQUOR AND WINE
CHAPTER 145 - ALCOHOL CONSUMPTION AND INTOXICATION ..................................... 851
CHAPTER 146 - LIQUOR LICENSES AND WINE AND BEER PERMITS ............................... 853
FRANCHISES
CHAPTER 150 - CABLE TELEVISION REGULATIONS ............................................................ 875
CHAPTER 151 - CABLE TELEVISION FRANCHISE .................................................................. 885
CHAPTER 152 - ELECTRIC FRANCHISE..................................................................................... 891
CHAPTER 153 - NATURAL GAS FRANCHISE............................................................................. 893
GENERAL
CHAPTER 160 - CIGARETTE AND TOBACCO PERMITS ........................................................ 941
CHAPTER 161 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS ..................... 945
CHAPTER 162 - HOUSE MOVERS ................................................................................................. 949
CHAPTER 163 - BUSINESS PERMITS ........................................................................................... 965
CHAPTER 164 - JUNK AND SALVAGE YARDS .......................................................................... 967
CHAPTER 165 - MASSAGE PARLORS .......................................................................................... 971
CHAPTER 166 - SEXUALLY ORIENTED BUSINESSES ............................................................. 979
CHAPTER 167 - PUBLIC DANCES ............................................................................................... 1005
CHAPTER 168 - INTRUSION ALARMS ....................................................................................... 1009
CHAPTER 169 - LICENSING OF TRADESMEN......................................................................... 1013
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
BEER, LIQUOR AND WINE CONTROL
CHAPTER 145
ALCOHOL CONSUMPTION AND INTOXICATION
145.01 - 145.02 (Reserved)
145.03 Persons Under Legal Age
145.04 Public Consumption or Intoxication
145.05 Open Container on Streets and Highways
145.01 - 145.02 (Reserved)
145.03 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 or
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])
145.04
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.
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ALCOHOL CONSUMPTION AND INTOXICATION
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 in a public place.
3.
A person shall not simulate intoxication in a public place.
4.
When a peace officer arrests a person on a charge of public 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 present at the time of arrest.
(Code of Iowa, Sec. 123.46)
145.05 OPEN CONTAINER ON STREETS AND HIGHWAYS. (See Section 62.09 of
this Code of Ordinances.)
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
BEER, LIQUOR AND WINE CONTROL
CHAPTER 146
LIQUOR LICENSES AND WINE AND BEER PERMITS
146.01
146.02
146.03
146.04
License or Permit Required
General Prohibition
Investigation
Action by Council
146.05
146.06
146.07
146.08
Prohibited Sales and Acts
Persons Under Legal Age
Amusement Devices
Dancing in Licensed Premises
146.01 LICENSE OR PERMIT REQUIRED. No person shall manufacture for sale,
import, sell, or offer or keep for sale, 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. 123.22, 123.122 & 123.171)
146.02 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 the terms,
conditions, limitations and restrictions enumerated in Chapter 123 of the Code of Iowa, and a
license or permit may be suspended or revoked or a civil penalty may be imposed for a
violation thereof.
(Code of Iowa, Sec. 123.2, 123.39 & 123.50)
146.03 INVESTIGATION. Upon receipt of an application for a liquor license, wine or
beer permit, the Clerk may forward it to the Police Chief, who shall then conduct an
investigation and submit a written report as to the truth of the facts averred in the application.
The Fire Chief may also inspect the premises to determine if they conform to the requirements
of the City. The Council shall not approve an application for a license or permit for any
premises which does not conform to the applicable law and ordinances, resolutions and
regulations of the City.
(Code of Iowa, Sec. 123.30)
146.04 ACTION BY COUNCIL. The Council shall either approve or disapprove the
issuance of the liquor control license or retail wine or beer permit and shall endorse its
approval or disapproval on the application, and thereafter the application, necessary fee and
bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State
Department of Commerce for such further action as is provided by law.
(Code of Iowa, Sec. 123.32 [2])
146.05 PROHIBITED SALES AND ACTS. A person or club holding a liquor license or
retail wine or beer permit and the person’s or club’s agents or employees shall not do any of
the following:
1.
Sell, dispense or give to any intoxicated person, or one simulating
intoxication, any alcoholic liquor, wine or beer.
(Code of Iowa, Sec. 123.49 [1])
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2.
Sell or dispense any alcoholic beverage, wine or beer on the premises covered
by the license or permit, or permit its consumption thereon between the hours of 2:00
a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and
6:00 a.m. on the following Monday; however, a holder of a license or permit granted
the privilege of selling alcoholic liquor, beer or wine on Sunday may sell or dispense
alcoholic liquor, beer or wine between the hours of 8:00 a.m. on Sunday and 2:00 a.m.
of the following Monday, and further provided that a holder of any class of liquor
control license or the holder of a class “B” beer permit may sell or dispense alcoholic
liquor, wine or beer for consumption on the premises between the hours of 8:00 a.m.
on Sunday and 2:00 a.m. on Monday when that Monday is New Year’s Day and beer
for consumption off the premises between the hours of 8:00 a.m. on Sunday and 2:00
a.m. on the following Monday when that Sunday is the day before New Year’s Day.
(Code of Iowa, Sec. 123.49 [2b and 2k] & 123.150)
3.
Sell alcoholic beverages, wine or beer to any person on credit, except with a
bona fide credit card. This provision does not apply to sales by a club to its members,
to sales by a hotel or motel to bona fide registered guests or to retail sales by the
managing entity of a convention center, civic center or events center.
(Code of Iowa, Sec. 123.49 [2c])
4.
Employ a person under eighteen (18) years of age in the sale or serving of
alcoholic liquor, wine or beer for consumption on the premises where sold.
(Code of Iowa, Sec. 123.49 [2f])
5.
In the case of a retail beer or wine permittee, knowingly allow the mixing or
adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or
about the permittee’s place of business.
(Code of Iowa, Sec. 123.49 [2i])
6.
Knowingly permit any gambling, except in accordance with Iowa law, or
knowingly permit any solicitation for immoral purposes, or immoral or disorderly
conduct on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49 [2a])
7.
Knowingly permit or engage in any criminal activity on the premises covered
by the license or permit.
(Code of Iowa, Sec. 123.49 [2j])
8.
Keep on premises covered by a liquor control license any alcoholic liquor in
any container except the original package purchased from the Alcoholic Beverages
Division of the State Department of Commerce and except mixed drinks or cocktails
mixed on the premises for immediate consumption. However, mixed drinks or
cocktails that are mixed on the premises and are not for immediate consumption may
be consumed on the licensed premises, subject to rules adopted by the Alcoholic
Beverages Division.
(Code of Iowa, Sec. 123.49[2d])
9.
Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any
substance, the contents or remaining contents of an original package of an alcoholic
liquor or wine; or knowingly possess any original package that has been reused or
adulterated.
(Code of Iowa, Sec. 123.49[2e])
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10.
Allow any person other than the licensee, permittee, or employees of the
licensee or permittee to use or keep on the licensed premises any alcoholic liquor in
any bottle or other container that is designed for the transporting of such beverages,
except as allowed by State law.
(Code of Iowa, Sec. 123.49[2g])
11.
Sell, give, possess, or otherwise supply a machine that is used to vaporize an
alcoholic beverage for the purpose of being consumed in a vaporized form.
(Code of Iowa, Sec. 123.49[21])
146.06
PERSONS UNDER LEGAL AGE.
1.
No person or club holding a liquor control license or wine or beer permit
which authorizes consumption on the premises, and no agent or employee of any such
person shall allow any person under the age for lawful consumption or possession of
alcoholic beverages to enter or remain in the licensed or permitted establishment after
9:00 p.m. unless:
A.
The licensee or permittee applies for and qualifies for an exception
certificate from the Police Chief as follows:
(1)
A licensee or permittee whose primary business purpose is
not the sale of alcoholic beverages, wine or beer may qualify for an
exception upon submission of a verified statement from a certified
public accountant or an accountant which establishes that more than
50 percent of the licensee’s or permittee’s gross sales are from the
sale of goods or services other than for the sale of alcoholic
beverages, wine or beer which shall not include income from cover
charges, entertainment fees, drink mixes or nonalcoholic beverages.
(2)
In addition to the statement mentioned in subparagraph (1) of
this section, proof of qualification may include State and Federal tax
records for the previous year, articles of incorporation, and receipts
from specific vendors which itemize goods purchased related to the
applicant’s primary business purpose from the previous six months as
requested by the Police Chief.
The City Council may issue an exception certificate if the licensee or
permittee has satisfied the requirements in this subsection. An exception
certificate shall be effective for the duration of the alcoholic liquor control
license or wine or beer permit.
B.
The licensee or permittee applies for a special event exception from
the City Council, which may, at its discretion, allow the holder to provide
entertainment to persons under legal age as follows:
(1)
A licensee or permittee may qualify for a special event
exception when an application is submitted to the City Clerk at least
forty-five (45) business days prior to the proposed special event.
Such application shall include the name and address of the licensed or
permitted establishment, the type of event for which an exception is
applied, the proposed date for the event and the time of the event.
(2)
All alcoholic liquor, wine or beer is removed or stored so that
it is not available for sale or consumption during the extended period
of the special event.
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(3)
A special event exception shall be valid through the date of
the special event or for the duration of the alcoholic liquor control
license or wine or beer permit, whichever is first in time.
(4)
Failure to comply with the terms of this special event
exception shall result in the revocation or denial of such an exception
application for one year.
For special events not exceeding five days in duration where a street closure
has been authorized by the City Council and a temporary liquor control
license has been issued, the City Council may issue a special exception for the
event, such exception to be limited to outdoor areas covered by the temporary
liquor control license. The City Council’s discretion may include but is not
limited to past experience with policing the same event, staffing, and any
special difficulties in policing the proposed event.
C.
The licensee or permittee posts a current exception certificate at the
main entrance in the view of patrons of the licensed or permitted
establishment.
No more than four (4) exception certificates per calendar year may be issued under
these provisions.
2.
No person or club holding a liquor control license or wine or beer permit
which authorizes consumption on the premises shall fail to post notices at all
entrances to the licensed or permitted premises in the view of patrons of the licensed
or permitted establishment that persons under legal age are not allowed in the
premises after 9:00 p.m. unless the licensee or permittee has a current exception
certificate under this section.
After 9:00 p.m., no person under the age for lawful consumption or possession of alcoholic
beverages shall enter into or remain on the premises of a licensed or permitted establishment
which authorizes consumption on the premises which does not have a valid exception
certificate posted under this section.
146.07 AMUSEMENT DEVICES. The following provisions pertain to electronic or
mechanical amusement devices, which are allowed only in premises with a liquor control
license or beer permit as specifically authorized in Section 99B.10 of the Code of Iowa.
(Code of Iowa, Sec. 99B.10C)
1.
As used in this section an “electronic or mechanical amusement device”
means a device that awards a prize redeemable for merchandise on the premises where
the device is located and that is required to be registered with the Iowa Department of
Inspection and Appeals.
2.
It is unlawful for any person under the age of twenty-one (21) to participate in
the operation of an electrical or mechanical amusement device.
3.
It is unlawful for any person owning or leasing an electrical or mechanical
amusement device, or an employee of a person owning or leasing an electrical or
mechanical amusement device, to knowingly allow a person under the age of 21 to
participate in the operation of an electrical or mechanical amusement device.
4.
It is unlawful for any person to knowingly participate in the operation of an
electrical or mechanical amusement device with a person under the age of 21.
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146.08 DANCING IN LICENSED PREMISES. Dancing is authorized in connection
with the operation of a beer, wine or liquor business under a permit or license, provided that:
1.
The floor space used for dancing purposes therein contains at least 100 square
feet, all of which is on the same general floor level as the place where the beer, wine
or liquor is dispensed;
2.
The space to be used for dancing is in the same room as or in a room adjacent
to and opening directly from the place where beer, wine or liquor is dispensed; and
3.
The floor space shall not be obstructed or crossed, in any part or portion, by
partitions or other obstructions of any kind except necessary structural posts, pillars or
similar supports.
No permittee or licensee, except clubs operating under club permits, shall be entitled to the
benefit of the authorization provided in this section unless such permittee or licensee first
obtains a public dance license as provided in Chapter 167 of this Code of Ordinances, and any
dancing allowed by such permittee or licensee who has not first obtained such license shall be
deemed a violation.
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
FRANCHISES
CHAPTER 150
CABLE TELEVISION REGULATIONS
150.01
150.02
150.03
150.04
150.05
150.06
150.07
150.08
150.09
150.10
150.11
150.12
150.13
Purpose and Scope
Definitions
Compliance with Applicable Law
Performance Standards
Operation and Maintenance; Complaints
Program Alteration Prohibited
Removal of Existing Antenna
Safety Requirements
Conditions on Street Use
Placement and Use of Poles
Removal of Equipment Upon Expiration
Service Rules and Regulations
Rates
150.14
150.15
150.16
150.17
150.18
150.19
150.20
150.21
150.22
150.23
150.24
150.25
Maps, Plats and Reports
Emergency Use of Facilities
Change of Control of Grantee
Inspection of Records
Supervision and Inspection
Filings and Communications with Regulatory
Agencies
Discrimination Prohibited
Other Business Activities Prohibited
Hold Harmless
Insurance
Bonds
Payment of Costs
150.01 PURPOSE AND SCOPE. The purpose of this chapter is to regulate cable
television systems within the City which operate pursuant to City franchise and to so regulate
consistent with Federal Communications Commission rules and regulations and other
applicable statutes, ordinances or regulations.
150.02 DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates
a different intention, the following words and phrases, for the purpose of this chapter, shall
have the meanings ascribed to them in this section:
1.
“Cable television system” means any facility that, in whole or in part, receives
directly or indirectly over the air and amplifies or otherwise modifies the signals
transmitting programs broadcast by one or more television or radio stations and
distributes such signals, and other signals originated or supplied by Grantee or others,
by wire or cable, to subscribing members of the public who pay for such services.
Such term does not include any facility that serves fewer than fifty subscribers, or any
such facility that serves only the residents of one or more apartment dwellings under
common ownership, control or management, and commercial establishments located
on the premises of such an apartment house.
2.
“Channel” means a 3 MHz band for transmission of visual and audio signals
for television.
3.
“Converter” means a device capable of providing more than the number of
channels on a standard television receiver.
4.
“Distortion” means the departure, during transmission or amplification, from
the received signal waveform from that of the original transmitted waveform.
5.
“Existing connection” means the connection of the cable or wire to a
television or radio receiver when the house drop has previously been installed.
6.
“FCC” means the Federal Communications Commission.
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7.
“Franchise” means a legal contract between the City and a person which
contract contains terms and conditions for construction and operating a cable
television system.
8.
“Ghost images” means weak or shadowy images in the received picture,
offset from the primary image.
9.
“Grantee” means a person holding a franchise to operate a cable television
system.
10.
“House drop” means the wire or cable that connects each building or home to
the main (trunk) cable.
11.
“New connection” means the installation of a house drop and the connection
of the cable or wire to a television or radio receiver.
12.
“Outlet” means the point of connection of the cable or wire to a television or
radio receiver.
13.
“Subscriber” means a person who purchases cable television services.
150.03 COMPLIANCE WITH APPLICABLE LAW. Grantee shall at all times comply
with the rules and regulations of the FCC and shall also comply with all other applicable
statutes, ordinances and regulations. FCC rules and regulations shall in all cases be
controlling if any part of this chapter or any cable television franchise is in conflict with any
FCC rules and regulations.
150.04 PERFORMANCE STANDARDS. A grantee shall produce a picture in black and
white or in color that is undistorted, free from ghost images and accompanied by proper sound
on typical standard production television sets in good repair. A grantee shall also transmit
signals of adequate strength to produce good pictures with good sound at all outlets
throughout the City without causing cross modulation in the cables or interfering with other
electrical or electronic systems.
150.05 OPERATION AND MAINTENANCE; COMPLAINTS. In addition to the
requirements already imposed, a grantee shall perform the following with regard to the
operation and maintenance of a cable television system:
1.
Maintain an office in the Metropolitan Omaha-Council Bluffs area which
shall be open during all normal business hours. Grantee shall also have a listed
telephone number and be so operated that complaints and requests for repairs or
adjustments may be received at any time.
2.
Limit failures of the system to a minimum and locate and correct all
malfunctions involving the house drop and all other malfunctions between the trunk
line and the television or radio receiver within 24 hours following notice by a
subscriber, whenever possible.
3.
Insure the availability of a sufficient number of repairmen between the hours
of 8:00 a.m. and 8:00 p.m. daily.
4.
Keep service interruptions involving the production and distribution systems
as short as practical and, insofar as possible, schedule such interruptions during
periods of minimum use of the system and precede them by notice.
5.
Upon termination of service to any subscriber, promptly remove all its
facilities and equipment from subscriber’s premises upon request without charge.
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6.
Be capable of distributing color television signals. When signals are received
in color they shall be distributed in color.
All complaints to the City shall be forwarded to the Mayor. The Mayor shall forward the
complaint to the grantee, and the grantee shall satisfy the complaint or advise the Mayor of its
refusal or inability to do so within a reasonable time. If the grantee satisfies the complaint, it
shall so notify the Mayor. When a complaint has not been satisfied, the Mayor shall notify the
complainant that the complainant has 30 days from the receipt of the notice to file a formal
complaint with the Council. Upon receipt of a formal complaint, the Council or its designated
agent shall ascertain the facts and shall have the power to enforce its decision, if against
grantee, by all actions hereunder, including the revocation of the franchise.
150.06 PROGRAM ALTERATION PROHIBITED. All programs of broadcasting
stations carried by a grantee shall be carried in their entirety as received, with announcements
and advertisements and without additions.
150.07 REMOVAL OF EXISTING ANTENNA. A grantee shall in no way tamper with
or remove an existing television antenna without the subscriber’s consent.
150.08 SAFETY REQUIREMENTS. A grantee shall at all times employ reasonable care
in the installation and maintenance of its cable television system in accordance with
commonly accepted good engineering methods and practices. A grantee shall install and
maintain its wires, cables, fixtures and other equipment in accordance with the requirements of
Article 820 and Section 230.24(b) of the National Electric Code. All structures, lines,
equipment or connections in, over, under or upon the streets, sidewalks, alleys and public
ways or places of the City shall at all times be kept and maintained in a safe condition, free
from nuisance, and in good working order and repair and shall not in any way interfere with
any installations of the City of any public utility serving the City.
150.09
CONDITIONS ON STREET USE.
1.
A-1 transmission and distribution structures, lines and equipment erected by
the grantee within the City shall be located so as not to interfere with the proper use of
the streets, alleys and other public ways and places, and to cause minimum
interference with the rights or reasonable convenience of property owners who adjoin
any of the streets, alleys or other public ways and places and not to interfere with
existing public utility installations. In all areas of the City where all the cables, wires
or other like facilities of public utilities are placed underground, the grantee shall
place its cables, wires and other like facilities underground to the maximum extent
existing technology permits. The grantee shall furnish to and file with the City maps,
plats and permanent records of the locations and character of all facilities constructed,
including underground facilities.
2.
In the case of any excavation or disturbance of pavement, sidewalks,
driveways or other surfacing, the grantee shall be subject to all applicable City
ordinances. The grantee shall, at its own expense and in the manner provided by the
City, replace and restore all paving, sidewalks, driveway or other surface of the street,
alley, or public way or place disturbed.
3.
If, at any time during the period of the franchise, the City shall lawfully elect
to alter or change the grade or location of any street, alley or public way, the grantee
shall, upon reasonable notice by the City, remove, relay and relocate its poles, wires,
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cables, underground conduits, manholes and other fixtures at its own expense, and in
each instance shall comply with the requirements of the City.
4.
The grantee shall not place poles, conduits or other fixtures above or below
the ground where the same will interfere with any gas, electric, telephone fixtures,
water hydrants or other utility; and all such poles, conduits or other fixtures placed in
any street shall be so placed as to comply with all requirements of the City.
5.
The grantee shall, on the request of any person, after permission has been
granted by the City, temporarily move its wires or fixtures to permit the moving of
buildings. The expense of such temporary removal shall be paid by the person
requesting the same. The grantee shall be given not less than 48 hours’ advance
notice.
6.
The grantee shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the City so as to prevent the branches of
such trees from coming in contact with the wires and cables of the grantee. All
trimming is to be done under the supervision and direction of the City and at the
expense and liability of the grantee.
150.10
PLACEMENT AND USE OF POLES.
1.
Where poles or other wire-holding structures already serving the City are
available for use by any grantee, but grantee does not make arrangements for such
use, the City may require a grantee to use such poles and structures if the City
determines that the public convenience would be enhanced thereby and if the terms of
the use available to the grantee are just and reasonable.
2.
Where the City or a public utility serving the City desires to make use of the
poles or other wire-holding structures of a grantee, but agreement with a grantee
cannot be reached, the City may require the grantee to permit such use for such
consideration and upon such terms as the City shall deem to be just and reasonable, if
the City determines that the use would enhance the public convenience and would not
unduly interfere with a grantee’s operations.
150.11 REMOVAL OF EQUIPMENT UPON EXPIRATION. Upon the termination or
cancellation of this cable television franchise, grantee shall remove its poles, cable television
transmission and distribution systems, and all other appurtenances from the streets, sidewalks
and public ways of the City, and shall restore the same to their original condition. If grantee
refuses to remove such items or fails to remove such items in a reasonable time after
notification by the City, the City shall have the right and authority to remove such poles, cable
television transmission and distribution systems, and other appurtenances from the City
streets, sidewalks and public ways.
150.12 SERVICE RULES AND REGULATIONS. A grantee shall have the right to
prescribe a reasonable service rules and regulations regarding access channels not inconsistent
with the provisions of the grantee’s franchise, this chapter, or of any other ordinances of the
City and not inconsistent with the laws of the State of Iowa and the United States. Such rules
shall be filed with the City before submission to the FCC. A grantee shall also submit to the
City the form of its service agreements between grantee and its subscribers for approval by the
City and shall furnish for approval any amendments or alterations to the service agreement.
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CABLE TELEVISION REGULATIONS
150.13 RATES.
All rates for service shall be reasonable, compensatory and
nondiscriminatory. Except as may otherwise be provided in a franchise, a grantee shall have
the right, privilege and authority to change the rates and charges.
150.14 MAPS, PLATS AND REPORTS. A grantee shall submit to the Building
Inspector maps and plats showing all existing and proposed cable television installations in the
City. A grantee shall submit upon request all business records or reports to the City.
Furthermore, a grantee shall make periodic reports, but not less than annually, to the City
concerning cable television operations and shall also furnish to the City an annual audit of its
accounts by certified public accountants.
150.15 EMERGENCY USE OF FACILITIES. In the event of any emergency or
disaster, grantee shall, upon the request of the Mayor, make its facilities available to the City
for emergency use during the emergency or disaster.
150.16 CHANGE OF CONTROL OF GRANTEE. Prior approval of the Council shall
be required where ownership or control of more than twenty-five percent of the right of a
grantee is acquired by a person or several persons acting in concert, none of whom already
own or control twenty-five percent or more of such right of control, singularly or collectively.
Any such acquisition occurring without prior approval of the Council shall constitute a
violation of a grantee’s franchise.
150.17 INSPECTION OF RECORDS. The City shall have the right, power and authority
to inspect the records of any grantee at the premises of such grantee during the normal
business hours of any working day, or at any other reasonable time and place provided that
grantee is given no less than seven (7) days’ notice.
150.18 SUPERVISION AND INSPECTION. The City shall have the right to supervise
any construction or installation work performed by any grantee in the City and make such
inspections as it finds necessary to insure compliance with the terms of any cable television
franchise, this chapter, or other pertinent provisions of the law.
150.19 FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES.
Copies of all petitions, applications, communications and reports submitted by any grantee to
the FCC, Securities and Exchange Commission, or any other Federal or State regulatory
commission or agency having jurisdiction in regard to any matters affecting cable television
shall also be submitted simultaneously to the Council.
150.20 DISCRIMINATION PROHIBITED. A grantee shall not, as to rates, charges,
services, service facilities, rules and regulations, or in any other respect, make or grant any
undue preference or advantage to any person, or subject any person to prejudice or
disadvantage. Nothing in this section, however, shall be deemed to prohibit promotional
campaigns to stimulate subscriptions to the system or deemed to prohibit the charging of
special rates so long as that rate is reasonable, lawful and has received the prior approval of
the Council after notice and hearing. A grantee shall not discriminate against any person on
the basis of race, disability, religion, creed, color, sex, national origin or ancestry.
Furthermore, a grantee shall also take affirmative action to recruit employees from members
of minority groups.
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150.21 OTHER BUSINESS ACTIVITIES PROHIBITED. A grantee shall not engage
in the business of selling, repairing or installing television receivers, radio receivers or
accessories for such receivers within the City during the term of this cable television franchise,
except as provided in grantee’s franchise or as provided in this chapter.
150.22 HOLD HARMLESS. A grantee shall at all times defend, indemnify, protect and
hold harmless the City from and against any and all liability, losses and damage to property or
bodily injury or death to any person, including payments made under worker’s compensation
laws, which may arise out of or be caused by the erection, construction, replacement, removal,
maintenance or operation of grantee’s cable television system and caused by any act or failure
to act an the part of grantee, its agents. officers, servants or employees. A grantee shall hold
the City harmless against any damages resulting from legal action which may be brought
against it in connection with the establishment or operation of a grantee’s cable television
system in the City and shall defend at its own expense any action brought against the City by
reason of the erection, construction, replacement, removal, maintenance or operation of a
grantee’s cable television system.
150.23 INSURANCE. A grantee shall promptly, after the granting of grantee’s franchise,
provide liability insurance for personal injuries and/or death growing out of any one accident
or other cause in a minimum sum of $100,000 for one person, and $500,000 aggregate for
each accident. A grantee shall also provide insurance in the amount of $100,000 for property
damage resulting from any one accident. A grantee shall maintain such insurance with
insurance underwriters authorized to do business in the State of Iowa satisfactory to the City.
All policies shall name the City, its employees, servants, agents and officers as additional
named insured parties. In addition, the City shall receive at least ten days’ prior written notice
of any cancellation or change in any said insurance policy. A grantee shall furnish the City
with a certificate of insurance from grantee’s carrier indicating that there is such insurance
coverage as herein provided for, and if requested by the City, shall submit to the City two (2)
certified copies of said policies.
150.24
BONDS.
1.
Performance Bonds. Upon acceptance of franchise, a grantee shall furnish the
City a surety bond in the sum of $50,000, which bond shall indemnify the City against
any loss occasioned by the default of the grantee in the construction of the system.
Upon grantee’s activating the system, this bond shall be canceled and exonerated.
The bond shall be issued by a surety company qualified to do business in the State of
Iowa.
2.
Surety Bonds. Grantee shall furnish to the City a surety bond in the sum of
$5,000.00 or in an amount at least equal to the sum of the franchise fee paid to the
City in the immediately preceding year, whichever is greater, and the bond shall
commence at the date of the grantee’s placing the system into operation. The bond
shall be issued by a surety company qualified to do business in the State of Iowa. The
bond shall be conditioned to insure payment of any franchise fee to the City and to
insure faithful performance of the Grantee’s franchise under the terms of this chapter.
150.25 PAYMENT OF COSTS. In the granting of any cable television franchise, the City
shall be governed by the applicable provisions of Chapter 364 of the Code of Iowa or such
other enactments of the General Assembly which might hereafter amend or supersede said
chapter. Furthermore, any person asking the Council to initiate the submission of the question
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CHAPTER 150
CABLE TELEVISION REGULATIONS
of granting a cable television franchise to the electors of the City or any person petitioning the
Council to submit the cable television franchise question shall pay the costs incurred in
holding such franchise election.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CABLE TELEVISION REGULATIONS
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CODE OF ORDINANCES, CARTER LAKE, IOWA
- 882 -
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
FRANCHISES
CHAPTER 151
CABLE TELEVISION FRANCHISE
151.01
151.02
151.03
151.04
151.05
151.06
Term of Franchise
Agreement and Waiver
Nonexclusive Franchise
Subscriber Rates and Charges
Change of Rates and Charges
Rates for New Services
151.07
151.08
151.09
151.10
151.11
151.12
Franchise Fee
Observance of FCC Regulations
Complaints
Technical Standards
Transfer of Franchise
Forfeiture and Termination
151.01 TERM OF FRANCHISE. Pursuant to full consideration and approval of the
grantee’s legal, character, financial, technical and other qualifications, and the adequacy and
feasibility of its construction arrangements, and as part of a full public proceedings affording
due process, Cox Communications Omaha, L.L.C., its successors and assigns (hereinafter
referred to as “Grantee”) are hereby granted the right, franchise, and authority for a period of
twenty (20) years, † to acquire, construct, and operate a cable television system over, under and
upon property of the City and to sell and supply to individuals, firms and corporations, public
or private, at any and all places, within the corporate limits of the City, as said limits now are
or hereafter may be established, audio, video and data communications services, subject to the
conditions and restricted as hereinafter provided, and subject to Chapter 150 of this Code of
Ordinances (the “Cable Television Code”).
151.02 AGREEMENT AND WAIVER. Grantee agrees to abide by all provisions of this
franchise and all other applicable ordinances of the City, including, but not limited to, the
Cable Television Code as presently enacted and as it may hereinafter be amended by the City.
Further, Grantee agrees that it will not set up as against the City any claim that the provisions
of this franchise or any other applicable ordinances are unreasonable, arbitrary, or void.
151.03 NONEXCLUSIVE FRANCHISE. This franchise shall not be exclusive and shall
neither restrict the City Council in the exercise of its regulatory power or prevent it from
granting any other cable television system franchise or franchises.
151.04 SUBSCRIBER RATES AND CHARGES. Grantee shall be allowed to charge the
rates and charges for its service as set forth in the Cable Television Code as presently enacted
or as it may hereafter be amended.
151.05 CHANGE OF RATES AND CHARGES. Any increase in rates and charges shall
be made only in accordance with the procedures set forth in the Cable Television Code as
presently enacted or as it may hereafter be amended.
151.06 RATES FOR NEW SERVICES. To the extent permitted by the Federal
Communications Commission (FCC) Rules and Regulations, rates or charges for new services
†
EDITOR’S NOTE: Ordinance No. 520, adopting a cable television franchise for the City, was
passed and adopted on January 18, 2000.
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CABLE TELEVISION FRANCHISE
which may be offered in the future by Grantee shall be established by the City upon
application of Grantee. Such rates or charges shall be established in accordance with the
procedure for rate changes as set forth in Section 151.05 above.
151.07 FRANCHISE FEE. A fee shall be paid by the Grantee to the City in accordance
with the pertinent provisions of the Cable Television Code as presently enacted and as it may
hereafter be amended by the City.
151.08 OBSERVANCE OF FCC REGULATIONS. Grantee shall comply with all
applicable Rules and Regulations of the FCC which are now in effect or which may hereafter
be promulgated. Furthermore, any modifications of Section 76.31 of sub-part C “FederalState/Local Regulatory Relationships,” of the FCC Rules and Regulations pertaining to cable
television systems shall be incorporated into this franchise within one year of the adoption of
said modification by the FCC or at the time of any renewal of this franchise, whichever occurs
first.
151.09 COMPLAINTS. Grantee shall maintain an office within the Omaha/Council
Bluffs metropolitan area for the purpose of receiving, investigating, and responding to
complaints regarding the quality of service, equipment malfunctions, and other similar matters
pertaining to the cable television system. Grantee shall record the date and substance of each
complaint received and the date and nature of action taken by Grantee to respond to such
complaint.
151.10 TECHNICAL STANDARDS. In connection with the operation of a cable
television system, Grantee shall render its service in accordance with those technical standards
already enacted by the City and those reasonable technical standards and reporting
requirements which may hereafter be enacted by the City.
151.11 TRANSFER OF FRANCHISE. Grantee shall not sell, transfer or assign the
franchise without the prior approval of the City by ordinance.
151.12 FORFEITURE AND TERMINATION. If Grantee fails to comply with any of
the provisions of this franchise, or default in any of it obligations hereunder, except for causes
beyond the reasonable control of Grantee, and fails within thirty (30) days after written notice
from the City to commence and, within a reasonable time, complete the correct of such default
or noncompliance, the City shall have the right to revoke the franchise and all rights of the
Grantee under this chapter. In the event the Grantee is adjudicated bankrupt or placed in
receivership, the City may declare the franchise herein granted forfeited and terminated.
[The next page is 891]
CODE OF ORDINANCES, CARTER LAKE, IOWA
- 886 -
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
FRANCHISES
CHAPTER 152
ELECTRIC FRANCHISE
152.01
152.02
152.03
152.04
Franchise Granted
Construction Maintenance; Indemnification
Meters; Service Lines
Emergencies
152.05
152.06
152.07
152.08
System Requirements
Nonexclusive
Service Provided
Term of Franchise
152.01 FRANCHISE GRANTED. There is hereby granted to the Omaha Public Power
District, hereinafter referred to as the “Company,” its successors and assigns, the right and
franchise to acquire, construct, erect, maintain and operate in the City, works and plants for
the manufacture and generation of electricity and a distribution system for electric light, heat
and power and the right to erect and maintain the necessary poles, lines, wires, conduits and
other appliances for the transmission of electric current along, under and upon the streets,
avenues, alleys and public places in the City; also the right to erect and maintain upon the
streets, avenues, alleys and public places, transmission lines through the City, to supply
individuals, corporations, communities and municipalities both inside and outside of the City
with electric light, heat and power for the period of twenty-five (25) years; also the right to
eminent domain as provided in Section 364.2 of the Code of Iowa.
152.02 CONSTRUCTION MAINTENANCE; INDEMNIFICATION. The poles, wires
and appliances shall be placed and maintained so as not to unnecessarily interfere with the
travel on said streets, alleys and public places in the City or unnecessarily interfere with the
proper use of the same, including ordinary drainage or with the sewers, underground pipe and
other property of the City, and the Company and its successors and assigns shall hold the City
free and harmless from all damages arising from any negligence of the Company in the
erection or maintenance of said system.
152.03 METERS; SERVICE LINES. The Company, its successors and assigns, shall
furnish and install all meters and service wires to buildings at its own expense and the City
expressly reserves the right of the Council to carry out any and all powers and duties as
provided by law.
152.04 EMERGENCIES. In case of fire or other emergencies, the poles, wires and street
fixtures of the Company may be cut and moved by order of the Mayor or Fire Chief. The City
shall also have the right to place on the poles of the Company wires for fire alarm system,
providing however, that the placing of said wires does not interfere with the proper use and
maintenance of the Company’s wires.
152.05 SYSTEM REQUIREMENTS. The system authorized by this chapter shall be
modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of
the City and the inhabitants thereof and shall be kept in a modem up-to-date condition.
152.06
NONEXCLUSIVE. The franchise granted by this chapter shall not be exclusive.
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ELECTRIC FRANCHISE
152.07 SERVICE PROVIDED. Service to be rendered by the Company under this
franchise shall be continuous 24-hour service each day of the week unless prevented from so
doing by fire, acts of God, unavoidable accidents or casualties, and in such event service shall
be resumed as quickly as is reasonably possible.
152.08 TERM OF FRANCHISE. The term of the franchise granted by this chapter and
the rights granted thereunder shall continue for the period of twenty-five (25) years from and
after its acceptance by the Company. †
†
EDITOR’S NOTE: Ordinance No. 533, adopting an electric franchise for the City, was passed and
adopted on May 21, 2002.
CODE OF ORDINANCES, CARTER LAKE, IOWA
- 892 -
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
FRANCHISES
CHAPTER 153
NATURAL GAS FRANCHISE
153.01
153.02
153.03
153.04
153.05
153.06
153.07
Franchise Granted
Term
Governing Rules and Regulations
Construction and Maintenance of Facilities
Extension of Facilities
Relocation of Facilities
Confidential Information
153.08
153.09
153.10
153.11
153.12
153.13
Force Majeure
Hold Harmless
Non-Waiver
Repeal of Conflicting Ordinances
Default
Franchise Fee
153.01 FRANCHISE GRANTED. The City hereby grants a nonexclusive franchise to
Aquila, Inc, d/b/a Aquila Networks, a Delaware corporation (hereinafter called “Grantee”), its
lessees, successors, and assigns. Grantee is hereby granted the right, privilege, franchise,
permission, and authority to lay, construct, install, maintain, operate, and extend in, along,
over, or across the present and future streets, alleys, avenues, bridges, public rights-of-way,
and public places as are now within the present or future limits of the City, a natural gas
distribution system and all facilities necessary for the purpose of supplying natural gas or
processed gas for all purposes to the inhabitants of the City and consumers in the vicinity
thereof, and for the distribution of natural gas from or through the City to points beyond the
limits thereof. Such facilities include (but are not limited to) all mains, services, pipes,
conduits and appliances necessary or convenient for transmitting, transporting, distributing,
and supplying natural gas for all purposes for which it may be used, and to do all other things
necessary and proper in providing natural gas service to the inhabitants of the City and in
carrying on such business.
153.02 TERM. The rights and privileges granted by this chapter shall remain in effect for
a period of twenty-five (25) years from the effective date of the ordinance codified in this
chapter. †
153.03
GOVERNING RULES AND REGULATIONS.
1.
The franchise is granted subject to all conditions, limitations, and immunities
now provided for, or as hereafter amended, and applicable to the operations of a
public utility, by State or Federal law. The rates to be charged by Grantee for service
within the present or future corporate limits of the City and the rules and regulations
regarding the character, quality, and standards of service to be furnished by Grantee
shall be under the jurisdiction and control of such regulatory body or bodies as may,
from time to time, be vested by law with authority and jurisdiction over the rates,
regulations and quality and standards of service to be supplied by Grantee. Provided,
however, should any judicial, regulatory or legislative body, having proper
jurisdiction, take any action that precludes Grantee from recovering from its
customers any cost associated with services provided hereunder, then the Grantee and
†
EDITOR’S NOTE: Ordinance No. 602, adopting a natural gas franchise for the City, was passed and
adopted on January 21, 2008.
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NATURAL GAS FRANCHISE
City shall renegotiate the terms of this chapter in accordance with the action taken, so
as to allow Grantee to be made whole economically. In determining the rights and
duties of the Grantee, the terms of this chapter shall take precedence over any
conflicting terms or requirements contained in any other ordinance enacted by the
City.
2.
If an energy supplier is unable to furnish an adequate supply of energy due to
an emergency, an order or decision of a public regulatory body, or other acts beyond
the control of the Grantee, then the Grantee shall have the right and authority to adopt
reasonable rules and regulations limiting, curtailing, or allocating extensions of
service or supply of energy to any customers or prospective customers, and
withholding the supply of energy to new customers, provided that such rules and
regulations are uniform as applied to each class of customers or prospective
customers, and are non-discriminatory as between communities receiving service
from the Grantee.
153.04 CONSTRUCTION AND MAINTENANCE OF FACILITIES. Any pavements,
sidewalks or curbing taken up and any and all excavations made shall be done in such a
manner as to cause only such inconvenience to the inhabitants of the City and to the general
public as is reasonably necessary; and repairs and replacements shall be made promptly by
Grantee, leaving such properties in as good as condition as existed immediately prior to
excavation to the reasonable satisfaction of the City. Grantee agrees that for the term of the
franchise, it will use its best efforts to maintain facilities and equipment sufficient to meet the
current and future energy requirements of the City, its inhabitants and industries. While
maintaining its facilities and equipment, Grantee shall obtain permits as required by
ordinance, except that in emergency situations, Grantee shall take immediate unilateral actions
as it determines are necessary to protect the public health, safety, and welfare; in which case,
Grantee shall notify the City as soon as reasonably possible. The City will give Grantee
reasonable notice of plans for street improvements where paving or resurfacing of a permanent
nature is involved that affect Grantee’s facilities. The notice shall contain the nature and
character of the improvements, the rights-of-way upon which the improvements are to be
made, the extent of the improvements and the time when the City will start the work, and if
more than one right-of-way is involved, the order in which this work is to proceed. The notice
shall be given to the Grantee a sufficient length of time, considering seasonable working
conditions, in advance of the actual commencement of the work to permit the Grantee to make
any additions, alterations, or repairs to its facilities.
153.05 EXTENSION OF FACILITIES. Upon receipt and acceptance of a valid
application for service, Grantee shall, subject to its own economic feasibility criteria, make
reasonable extensions of its distribution facilities to serve customers located within the current
or future corporate limits of the City.
153.06 RELOCATION OF FACILITIES. If the City elects to change the grade of or
otherwise alter any street, alley, avenue, bridge, public right-of-way or public place for a
public purpose, Grantee, upon reasonable notice from the City, shall remove and relocate its
facilities or equipment situated in the public rights-of-way, if such removal is necessary to
prevent interference and not merely for the convenience of the City, at the cost and expense of
Grantee. If the City orders or requests Grantee to relocate its facilities or equipment for the
primary benefit of a commercial or private project, or as a result of the initial request of a
commercial or private developer or other non-public entity, and such removal is necessary to
prevent interference and not merely for the convenience of the City or other right-of-way user,
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NATURAL GAS FRANCHISE
Grantee shall receive payment for the cost of such relocation as a precondition to relocating its
facilities or equipment. The City shall consider reasonable alternatives in designing its public
works projects so as not arbitrarily to cause Grantee unreasonable additional expense in
exercising its authority under this section. The City shall also provide a reasonable alternative
location for Grantee’s facilities. The City shall give Grantee written notice of vacating of a
public right-of-way. Vacating of a public right-of-way shall not deprive the Grantee of its
right to operate and maintain existing facilities, until the reasonable cost of relocating the same
are first paid to the Grantee. Any person or corporation desiring to move a building or other
structure along, or to make any unusual use of any street, alley, avenue, bridge, public rightof-way or public place which shall interfere with the facilities or equipment of the Grantee,
shall first give notice to the City and the Grantee and pay a sum sufficient to cover the expense
and damage incident to the moving of Grantee’s facilities and equipment. Grantee, its
successors and assigns, shall connect its mains to all qualified applicants for gas under the
provisions of this chapter, constructing such service connections from the main to the
structure, up to 175 feet, without charge to the applicant. In urban renewal areas established
pursuant to law, Grantee agrees, at its sole cost and expense, to disconnect, sever from its
system and abandon or salvage, at its option, all existing gas distribution mains, services and
appurtenances necessary to the clearing of such areas, under urban renewal plans so long as
such areas are or will be, pursuant to the urban renewal plan, devoted to a public purpose; and
to furnish in replatted and rebuilt urban renewal areas new or replacement mains and services
connected to Grantee’s gas distribution system, at the expense of Grantee so long as such
areas are devoted to a public purpose; provided, however, if any State or Federal funds should
be available which could be obtained by the City or Grantee to defray the expense or costs of
such changes, adjustment, installations, or relocations of Grantee’s gas distribution system
(including, but not restricted to, relocations caused by highway construction within the urban
renewal area), the City shall assist Grantee in all efforts to secure the same, as long as City’s
credits would not thereby be diminished.
153.07 CONFIDENTIAL INFORMATION.
The City acknowledges that certain
information it might request pursuant to this chapter may be of a proprietary and confidential
nature. If Grantee requests that any information provided by Grantee to the City be kept
confidential due to such proprietary or commercial value, the City and its employees, agents,
and representatives shall maintain the confidentiality of that information, to the extent allowed
by law. If the City is requested or required by legal or administrative process to disclose any
such confidential information, the City shall promptly notify Grantee of such request or
requirement so that Grantee may seek an appropriate protective order or other relief. The City
shall use all reasonable efforts to ensure that the confidentiality of Grantee’s confidential
information is maintained.
153.08 FORCE MAJEURE. It shall not be a breach or default under this chapter if either
party fails to perform its obligations hereunder due to Force Majeure. Force Majeure includes,
but is not limited to, the following: (i) physical events such as acts of God, landslides,
lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or
accident or necessity of repairs to machinery, equipment or distribution or transmission lines;
(ii) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections or wars;
(iii) governmental actions such as necessity for compliance with any court order, law, statute,
ordinance, executive order, or regulation promulgated by a governmental authority having
jurisdiction; and any other causes, whether of the kind herein enumerated or otherwise not
reasonably within the control of the affected party to prevent or overcome. Each party shall
make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as
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NATURAL GAS FRANCHISE
reasonably possible once it occurs in order to resume performance; provided, however, this
provision shall not obligate a party to settle any labor strike.
153.09 HOLD HARMLESS. Grantee, during the term of the franchise, agrees to save
harmless the City from and against all claims, demands, losses and expenses, including
attorney fees and costs, arising directly out of the negligence of Grantee, its employees or
agents, in the constructing, operating, and maintaining of distribution and transmission
facilities or appliances of Grantee; provided, however, Grantee need not save harmless the
City from claims, demands, losses and expenses arising out of the negligence of the City, its
employees or agents.
153.10 NON-WAIVER. Any waiver of any obligation or default under this chapter shall
not be construed as a waiver of any future defaults, whether of like or different character.
153.11 REPEAL CONFLICTING ORDINANCES. This chapter constitutes the entire
agreement between the City and the Grantee relating to the franchise, and the same shall
supersede all prior ordinances pertaining to the franchise agreement, and any terms and
conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby
repealed. Ordinance No. 329 of the City is hereby repealed.
153.12 DEFAULT. If Grantee shall be in default in the performance of any of the terms
and conditions of this chapter and continues in default for more than 30 days after receiving
notice from the City of such default, the City may, by ordinance duly passed and adopted,
terminate all rights granted under this chapter. The notice of default shall specify the manner
in which it is claimed the Grantee is in default. Such notice shall be in writing and served by
registered or certified mail.
153.13 FRANCHISE FEE. If, during the term of the franchise, there shall be enacted by
the Iowa General Assembly a valid taxing statute authorizing the City to collect a tax on the
gas revenues received by Grantee from its customers in the City, then if such tax is levied by
the City, said Grantee will include such tax as a separate item on its customers’ bills and remit
the sums collected to the City under the terms and provisions of such enacted statute.
[The next page is 941]
CODE OF ORDINANCES, CARTER LAKE, IOWA
- 896 -
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 160
CIGARETTE AND TOBACCO PERMITS
160.01
160.02
160.03
160.04
160.05
Definitions
Permit Required
Application
Fees
Issuance and Expiration
160.01
160.06
160.07
160.08
160.09
Refunds
Persons Under Legal Age
Self-Service Sales Prohibited
Permit Revocation
DEFINITIONS. For use in this chapter the following terms are defined:
(Code of Iowa, Sec. 453A.1)
1.
“Carton” means a box or container of any kind in which ten or more packages
or packs of cigarettes or tobacco products are offered for sale, sold or otherwise
distributed to consumers.
2.
“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.
3.
“Package” or “pack” means a container of any kind in which cigarettes or
tobacco products are offered for sale, sold or otherwise distributed to consumers.
4.
“Place of business” means any place where cigarettes or tobacco products are
sold, stored or kept for the purpose of sale or consumption by a retailer.
5.
“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 or who engages in the
business of selling tobacco products to ultimate consumers.
6.
“Self-service display” means any manner of product display, placement or
storage from which a person purchasing the product may take possession of the
product, prior to purchase, without assistance from the retailer or employee of the
retailer, in removing the product from a restricted access location.
7.
“Tobacco products” means the following: cigars; little cigars; cheroots;
stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking
tobacco; snuff; 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 ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 160
160.02
CIGARETTE AND TOBACCO PERMITS
PERMIT REQUIRED.
1.
Cigarette Permits. 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, at all times, be publicly displayed at the place of business so as to be
easily seen by the public and the persons authorized to inspect the place of business.
(Code of Iowa, Sec. 453A.13)
2.
Tobacco Permits. It is unlawful for any person to engage in the business of a
retailer of tobacco products at any place of business without first having received a
permit as a tobacco products retailer for each place of business owned or operated by
the retailer.
(Code of Iowa, Sec. 453A.47A)
A retailer who holds a cigarette permit is not required to also obtain a tobacco permit.
However, if a retailer only holds a cigarette permit and that permit is suspended, revoked, or
expired, the retailer shall not sell any cigarettes or tobacco products during such time.
160.03 APPLICATION. A completed application on forms furnished by the State
Department of Revenue or on forms made available or approved by the Department 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 & 453A.47A)
160.04
FEES. The fee for a retail cigarette or tobacco permit shall be as follows:
(Code of Iowa, Sec. 453A.13 & 453A.47A)
FOR PERMITS GRANTED DURING:
July, August or September
October, November or December
January, February or March
April, May or June
FEE:
$ 75.00
$ 56.25
$ 37.50
$ 18.75
160.05 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 nonassignable. All permits expire on June 30 of
each year. The Clerk shall submit a duplicate of any application for a permit, and any permit
issued, to the Alcoholic Beverages Division of the Department of Commerce within thirty (30)
days of issuance.
160.06 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 453A.13 or 453A.47A of the Code of Iowa.
(Code of Iowa, 453A.13 & 453A.47A)
160.07 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. If a retailer or employee of a retailer violates the
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CIGARETTE AND TOBACCO PERMITS
provisions of this section, the Council shall, after written notice and hearing, and in addition to
the other penalties fixed for such violation, assess the following:
1.
For a first violation, the retailer shall be assessed 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 retailer shall be
assessed a civil penalty in the amount of one thousand five hundred dollars
($1,500.00) or the retailer’s permit shall be suspended for a period of thirty (30) days.
The retailer may select its preference in the penalty to be applied under this
subsection.
3.
For a third violation within a period of three (3) years, the retailer shall be
assessed a civil penalty in the amount of one thousand five hundred dollars
($1,500.00) and the retailer’s permit shall be suspended for a period of thirty (30)
days.
4.
For a fourth violation within a period of three (3) years, the retailer shall be
assessed a civil penalty in the amount of one thousand five hundred dollars
($1,500.00) and the retailer’s permit shall be suspended for a period of sixty (60) days.
5.
For a fifth violation with a period of four (4) years, the retailer’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.2, 453A.22 and 453A.36[6])
160.08 SELF-SERVICE SALES PROHIBITED. Beginning January 1, 1999, except for
the sale of cigarettes through a cigarette vending machine as provided in Section 453A.36(6)
of the Code of Iowa, a retailer shall not sell or offer for sale cigarettes or tobacco products, in a
quantity of less than a carton, through the use of a self-service display.
(Code of Iowa, Sec. 453A.36A)
160.09 PERMIT REVOCATION. Following a written notice and an opportunity for a
hearing, as provided by the Code of Iowa, the Council may also revoke a permit issued
pursuant to this chapter for a violation of Division I of Chapter 453A of the Code of Iowa or
any rule adopted thereunder. If a permit is revoked, a new permit shall not be issued to the
permit holder for any place of business, or to any other person for the place of business at
which the violation occurred, until one year has expired from the date of revocation, unless
good cause to the contrary is shown to the Council. The Clerk shall report the revocation or
suspension of a retail permit to the Alcoholic Beverages Division of the Department of
Commerce within thirty (30) days of the revocation or suspension.
(Code of Iowa, Sec. 453A.22)
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 160
CIGARETTE AND TOBACCO PERMITS
°°°°°°°°°°
CODE OF ORDINANCES, CARTER LAKE, IOWA
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 161
PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS
161.01
161.02
161.03
161.04
161.05
161.06
161.07
161.08
161.09
161.10
Purpose
Definitions
License Required
Application for License
License Fees
Bond Required
License Issued
Display of License
License Not Transferable
Shouting, Loudspeaker Systems and Other Noises
161.11
161.12
161.13
161.14
161.15
161.16
161.17
161.18
161.19
161.20
Time Restriction
Revocation of License
Notice
Hearing
Record and Determination
Appeal
Effect of Revocation
Rebates
License Exemptions
Charitable and Nonprofit Organizations
161.01 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.
161.02
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
itinerant 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.
161.03 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.
161.04 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. Upon the receipt of such application, the Clerk shall refer the same to the Police
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 161
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Chief, who shall make such investigation of the character and reputation of the persons who
will conduct the business within the City, as the Police Chief deems necessary for the
protection of the public good.
161.05 LICENSE FEES. The following license fees shall be paid to the Clerk prior to the
issuance of any license.
1.
Solicitors and Peddlers ........................... $ 25.00 per week;
2.
Transient Merchants ............................... $ 50.00 per week.
Any period of seven (7) calendar days or less is considered one week.
161.06 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.
161.07 LICENSE ISSUED. Based on the results of the investigation as to the character
and business reputation of the persons who will conduct the business, the Police Chief shall
recommend approval or disapproval of the application. If the Police Chief recommends
disapproval of the application, the reasons therefor shall be stated. If, as a result of the
investigation, the Police Chief finds that the character and business responsibility of all
persons who will conduct the business are satisfactory, the Police Chief shall endorse approval
upon the application. Upon receipt of the Police Chief’s recommendation for approval, as
well as the required license fee, the Clerk shall issue the license.
161.08 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.
161.09 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.
161.10 SHOUTING, LOUDSPEAKER SYSTEMS AND OTHER NOISES. No
licensee hereunder or any person in the licensee’s behalf shall shout, blow on a horn, or use
any other noise-making device for the purpose of advertising or otherwise announcing or
proclaiming wares or business activities except as the same may be permissible under any
other ordinance of the City or statute of the State.
161.11 TIME RESTRICTION. All peddler’s and solicitor’s licenses shall provide that
said licenses are in force and effect only between the hours of 8:00 a.m. and sunset.
161.12 REVOCATION OF LICENSE. After notice and hearing, the Clerk 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.
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PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
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.
161.13 NOTICE. The Clerk shall send a notice to the licensee at the licensee’s local
address, not less than ten (10) days before the date set for a hearing on the possible revocation
of a license. Such notice shall contain particulars of the complaints against the licensee, the
ordinance provisions or State statutes allegedly violated, and the date, time and place for
hearing on the matter.
161.14 HEARING. The Clerk shall conduct a hearing at which both the licensee and any
complainants shall be present to determine the truth of the facts alleged in the complaint and
notice. Should the licensee, or authorized representative, fail to appear without good cause,
the Clerk may proceed to a determination of the complaint.
161.15 RECORD AND DETERMINATION. The Clerk shall make and record findings
of fact and conclusions of law, and shall revoke a license only when upon review of the entire
record the Clerk finds clear and convincing evidence of substantial violation of this chapter or
State law.
161.16 APPEAL. If the Clerk revokes or if the Police Chief refuses to approve an
application for a license, the Clerk shall make a part of the record the reasons therefor. The
licensee, or the applicant, shall have a right to a hearing before the Council at its next regular
meeting. The Council may reverse, modify or affirm the decision of the Clerk or Police Chief
by a majority vote of the Council members present and the Clerk shall carry out the decision
of the Council.
161.17 EFFECT OF REVOCATION. Revocation of any license shall bar the licensee
from being eligible for any license under this chapter for a period of one year from the date of
the revocation.
161.18 REBATES. Any licensee, except in the case of a revoked license, shall be entitled
to a rebate of part of the fee paid if the license is surrendered before it expires. The amount of
the rebate shall be determined by dividing the total license fee by the number of days for
which the license was issued and then multiplying the result by the number of full days not
expired. In all cases, at least five dollars ($5.00) of the original fee shall be retained by the
City to cover administrative costs.
161.19 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 Council Bluffs 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.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 161
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
6.
Resale or Institutional Use. Persons customarily calling on businesses or
institutions for the purposes of selling products for resale or institutional use.
161.20 CHARITABLE AND NONPROFIT ORGANIZATIONS.
Authorized
representatives of charitable or nonprofit organizations operating under the provisions of
Chapter 504 of the Code of Iowa desiring to solicit money or to distribute literature are exempt
from the operation of Sections 161.04 and 161.05. 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 are 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. In the event the Clerk
denies the exemption, the authorized representatives of the organization may appeal the
decision to the Council, as provided in Section 161.16 of this chapter.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 162
HOUSE MOVERS
162.01
162.02
162.03
162.04
162.05
162.06
House Mover Defined
Permit Required
Application
Bond Required
Insurance Required
Permit Issued
162.07
162.08
162.09
162.10
162.11
Public Safety
Time Limit
Removal by City
Protect Pavement
Overhead Wires
162.01 HOUSE MOVER DEFINED. A “house mover” means any person who
undertakes to move a building or similar structure upon, over or across public streets or
property when the building or structure is of such size that it requires the use of skids, jacks,
dollies or any other specialized moving equipment.
162.02 PERMIT REQUIRED. It is unlawful for any person to engage in the activity of
house mover as herein defined without a valid permit from the City for each house, building or
similar structure to be moved.
162.03 APPLICATION. Application for a house mover’s permit shall be made in writing
to the Clerk. The application shall include:
1.
Name and Address. The applicant’s full name and address and if a
corporation the names and addresses of its principal officers.
2.
Building Location. An accurate description of the present location and future
site of the building or similar structure to be moved.
3.
Routing Plan. A routing plan approved by the Mayor, street superintendent,
and public utility officials. The route approved shall be the shortest route compatible
with the greatest public convenience and safety.
162.04 BOND REQUIRED. The applicant shall post with the Clerk a penal bond in the
minimum sum of five thousand dollars ($5,000.00) issued by a surety company authorized to
issue such bonds in the State. The bond shall guarantee the permittee’s payment for any
damage done to the City or to public property, and payment of all costs incurred by the City in
the course of moving the building or structure.
162.05 INSURANCE REQUIRED. Each applicant shall also file a certificate of
insurance indicating that the applicant is carrying public liability insurance in effect for the
duration of the permit covering the applicant and all agents and employees for the following
minimum amounts:
1.
Bodily Injury – $50,000 per person; $100,000 per accident.
2.
Property Damage – $50,000 per accident.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 162
HOUSE MOVERS
162.06 PERMIT ISSUED. Upon approval of the application and filing of bond and
insurance certificate, the Clerk shall issue a permit. A separate permit shall be required for
each house, building or similar structure to be moved.
162.07 PUBLIC SAFETY. At all times when a building or similar structure is in motion
upon any street, alley, sidewalk or public property, the permittee shall maintain flag persons at
the closest intersections or other possible channels of traffic to the sides, behind and ahead of
the building or structure. At all times when the building or structure is at rest upon any street,
alley, sidewalk or public property the permittee shall maintain adequate warning signs or
lights at the intersections or channels of traffic to the sides, behind and ahead of the building
or structure.
162.08 TIME LIMIT. No house mover shall permit or allow a building or similar
structure to remain upon any street or other public way for a period of more than twelve (12)
hours without having first secured the written approval of the City.
162.09 REMOVAL BY CITY. In the event any building or similar structure is found to
be in violation of Section 162.08 the City is authorized to remove such building or structure
and assess the costs thereof against the permit holder and the surety on the permit holder’s
bond.
162.10 PROTECT PAVEMENT. It is unlawful to move any house or building of any
kind over any pavement, unless the wheels or rollers upon which the house or building is
moved are at least one (1) inch in width for each one thousand (1,000) pounds of weight of
such building. If there is any question as to the weight of a house or building, the estimate of
the City as to such weight shall be final.
162.11 OVERHEAD WIRES. The holder of any permit to move a building shall see that
all telephone, cable television and electric wires and poles are removed when necessary and
replaced in good order, and shall be liable for the costs of the same.
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CODE OF ORDINANCES, CARTER LAKE, IOWA
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 163
BUSINESS PERMITS
(Chapter Deleted)
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 163
BUSINESS PERMITS
°°°°°°°°°°
CODE OF ORDINANCES, CARTER LAKE, IOWA
- 966 -
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 164
JUNK AND SALVAGE YARDS
164.01
164.02
164.03
164.04
164.05
164.06
Definitions
License Required
License Fee
Premises Inspection
Validity; Renewal
License Nontransferable
164.07
164.08
164.09
164.10
164.11
Access Roads
Enclosure Required
Sanitary Premises
Compliance With Other Provisions
Purchase From Minor Unlawful
164.01 DEFINITIONS. For the purpose of this chapter, the following terms, words and
phrases are deemed to have the following definitions:
1.
“Junk dealer” means any person who alone or through agents engages in the
business of buying selling, receiving, collecting, or dealing in old iron, lead, brass,
steel, copper or other metals, bottles, rags or paper.
2.
“Junk or salvage vehicle” means any vehicle, or portion thereof, not in
running or operable condition and/or not licensed for the current year as provided by
law.
3.
“Salvage operator” means any person who engages in the business of a junk
dealer, as defined in this section, or who engages in the business of operating a
wrecking yard or salvage yard, as defined in this section.
4.
“Wrecking yard” or “salvage yard” means any location in the City where used
automobiles or other large articles are dismantled, scrapped or junked, or the same are
bought or sold for the purpose of dismantling the same for their parts or for the
purpose of converting the same into scrap or junk.
164.02 LICENSE REQUIRED. It is unlawful for any person to engage in the business of
being a salvage operator, as defined in this chapter, without having first obtained a license
from the City to do so. Any person desiring to engage in the business of salvage operator in
the City must first make application for a license to do so, on a form to be furnished for such
purpose by the office of the Clerk. The application shall contain the following information:
1.
The name and place of residence of the applicant, as well as the business
address, if any.
2.
If the applicant is a firm, partnership, corporation or other legal entity, the
names and addresses of all associates, partners or officers thereof shall be set forth. If
the applicant is a foreign corporation, adequate proof of authority to conduct business
within the State must be attached to or included in the application.
3.
The address of the proposed business location of the applicant where such
salvage operations are to be conducted, giving the street address, legal description and
the total area in square feet available for use in such operation.
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CHAPTER 164
JUNK AND SALVAGE YARDS
4.
A statement as to whether retail sales will be made on the premises wherein
such salvage operations are to be conducted.
164.03 LICENSE FEE. The annual fee for a salvage operator’s license shall be $250.00
which shall accompany the application therefor at the time it is filed in the office of the Clerk.
In the event the application is denied by the Council, the sum of $250.00 shall be returned to
the applicant within 30 days from the date of such denial. The application shall be filed with
the Clerk not less than ten days prior to any Council meeting held wherein the same shall be
considered, in the manner hereinafter set forth. The fee may be prorated for the initial
application upon approval of the Council.
164.04 PREMISES INSPECTION. Subsequent to the filing of the application for a
salvage operator’s license, the Clerk shall refer the same to the Fire Chief and the Building
Inspector, each of whom shall cause the premises proposed to be used in such salvage
operations to be inspected, and following such inspections, each shall submit written
recommendations to the Council in connection therewith. Thereafter, the Council shall at
either the next regular meeting or at a special meeting either grant or deny the application.
164.05 VALIDITY; RENEWAL. The license issued under the terms of this chapter shall
be valid for a term of one year and shall expire on December 31 of the year in which same has
been issued. Request by the licensee for renewal thereof shall be subject to the same
procedure as that prescribed for initial issuance. The fee for such renewal shall be one
hundred dollars ($100.00) for the ensuing year.
164.06 LICENSE NONTRANSFERABLE. A salvage operator’s license shall be
required for each separate location at which salvage operations are proposed to be conducted,
and the fee required shall be commensurate therewith. The license shall be nontransferable,
and in the event of the discontinuance of such operations by the licensee, either voluntarily or
involuntarily, no refund for the unused portion of the period for which same was issued shall
be granted.
164.07 ACCESS ROADS. There shall be on site access road or paths to provide adequate
entrances and exits for fire and emergency vehicles.
164.08 ENCLOSURE REQUIRED. The operations of a wrecking yard or salvage yard
shall be carried on within a fully enclosed building, except that such operations may be
conducted outside a building but within the premises of the licensee, provided the premises are
fully surrounded and enclosed by a fence not less than eight feet high, constructed of solid
covered fencing materials. The fence may be constructed on the property line. The
requirement as to the type and kind of fencing shall not be applicable to fencing surrounding
the premises of a wrecking yard or salvage yard in existence at the time of the enactment of
the ordinance codified by this chapter; provided, however, that at such time as the repair to an
existing fence shall exceed twenty-five percent (25%) of the total fence in place, such repair
shall be in accordance with and meet the requirements of this section as to such fence
construction. It is unlawful for any junk, salvage vehicles, wrecking materials or equipment to
be stored or parked on any portion of the City’s public street right-of-way or parking area
thereof, or for the same to be stored or parked outside on private property unless in a fully
enclosed building or fence as prescribed in this section.
164.09 SANITARY PREMISES. The holder of a license granted under the terms of this
chapter shall maintain the premises in and upon which such person’s business operations are
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 164
JUNK AND SALVAGE YARDS
conducted in as sanitary a manner and condition as are reasonable and consistent therewith,
but in no event shall the licensee permit or suffer any condition to exist which by its nature
constitutes a health or safety hazard to surrounding property or persons.
164.10 COMPLIANCE WITH OTHER PROVISIONS. The provisions of this chapter
in no way relieve the holder of a license issued under this chapter from compliance with other
provisions, rules or regulations of the City, to which the licensee may be subject, nor shall said
person be relieved from the necessity of procuring such other licenses as may required by the
City by reason of the nature and extent of the operations of the licensee.
164.11 PURCHASE FROM MINOR UNLAWFUL. It is unlawful for any salvage
operator, as defined in this chapter, to purchase any goods or materials or vehicles of any kind
or nature whatsoever from a minor without having secured the written consent of one of the
parents or the legal guardian of the minor.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 164
JUNK AND SALVAGE YARDS
°°°°°°°°°°
CODE OF ORDINANCES, CARTER LAKE, IOWA
- 970 -
TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 165
MASSAGE PARLORS
165.01
165.02
165.03
165.04
165.05
165.06
165.07
165.08
165.09
165.10
165.11
165.12
165.13
Definitions
Permit Required
Exceptions
Application and Fee
Contents of Application
Facilities Necessary
Permit Procedures
Inspection of Premises
Issuance of Permit
Appeal
Permit Not Transferable
Display of Permit
Validity and Renewal of Permit
165.14
165.15
165.16
165.17
165.18
165.19
165.20
165.21
165.22
165.23
165.24
165.25
165.26
Change of Location
Employees
Inspections
Place of Business
Hours of Operation
Name of Business
Revocation and Suspension
Sale or Transfer
Applicability
Unlawful Activities
Practice Without Permit Unlawful
Responsibility of Owner
Nuisance Declared
165.01 DEFINITIONS. For the purpose of the provisions regulating bath, sauna baths,
massage establishments and similar businesses set forth in this chapter, the following words
and phrases have the meanings set forth in this section, unless it is apparent from the context
that a different meaning is intended:
1.
“Massage” means a method of procedures upon the external parts of the body,
consisting of rubbing, stroking, kneading or tapping with the hand or any instrument.
2.
“Massage establishment” means an establishment having a fixed place of
business where any person engages in, conducts or carries on or permits to be engaged
in, conducted or carried on, any business of giving Turkish, Russian, Swedish, vapor,
sweat, electric, salt or any other kind or character of baths, where alcohol rub,
fomentation, baths, manipulation of the body or similar procedures are given.
3.
“Massage technician” or “technician” means any person, male or female, who
administers to another person, for any form of consideration, a massage alcohol rub,
fomentation, bath or electric massage procedure, manipulation of the body or other
similar procedure.
165.02 PERMIT REQUIRED. It is unlawful for any person to engage in, conduct or
carry on or to permit to be engaged in, conducted or carried on, in or upon any premises
within the City, the business of a massage establishment or to render, or permit to be rendered
massage services at a location removed from a massage establishment within the City in the
absence of a permit issued pursuant to the provisions set forth in this chapter.
165.03 EXCEPTIONS. The requirements of this chapter shall have no application and no
effect upon and shall not be construed as applying to any persons who are required to be
licensed by the Iowa State Department of Health under Chapters 147 - 158 of the Code of
Iowa. Persons who administer massage in conjunction with and on behalf of a school athletic
department need not secure the permit required in Section 165.02 in order to perform such
function for the school athletic department.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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CHAPTER 165
MASSAGE PARLORS
165.04 APPLICATION AND FEE. Any person desiring to obtain a permit to operate a
massage establishment shall make application to the Clerk, who shall refer all such
applications to the Police Chief for an investigation and recommendation. A nonrefundable
fee of one hundred fifty dollars ($150.00) shall accompany the submission of each application,
to defray in part the costs of investigation and report. Any person desiring to obtain a permit
to perform massage services or to act as a massage technician’s aide shall make application to
the Clerk, who shall refer all such applications to the Police Chief for an investigation and
recommendation. A nonrefundable fee of thirty-five dollars ($35.00) shall accompany the
submission of each application, to defray in part the costs of investigation and report. A
permit to perform massage services does not authorize the operation of a massage
establishment. Any person permitted to perform massage services who desires to operate a
massage establishment must separately apply for a permit therefor.
165.05 CONTENTS OF APPLICATION. Any applicant for a permit shall submit the
following information:
1.
The full name and present address of applicant;
2.
The two previous addresses immediately prior to the present address of
applicant, and the dates of residence at each;
3.
Written statements of at least five bona fide adult residents of the City that the
applicant is of good moral character;
4.
Written proof that the applicant is over the age of eighteen (18);
5.
Applicant’s height, weight, color of eyes and hair;
6.
Two recent color portrait photographs at least two inches by two inches, taken
within the last six months;
7.
Business, occupation or employment history of the applicant for the three
years immediately preceding the date of the application;
8.
The business license history of the applicant; whether such person, in
previously operating in the City or another city or state under license has had such
license revoked or suspended, the reason therefor, and the business activity or
occupation subsequent to such action of suspension or revocation;
9.
All convictions and the reasons therefor;
10.
A certificate from a medical doctor stating that the applicant has within thirty
days immediately prior thereto been examined and found to be free of any contagious
or communicable disease;
11.
Such other identification and information as the Police Department may
require in order to discover the truth of the matters specified as required to be set forth
in the application.
Nothing contained in this chapter shall be construed to deny to the Police Department of the
City the right to take the fingerprints and additional photographs of the applicant, nor shall
anything contained in this chapter be construed to deny the right of the department to confirm
the height and weight of the applicant.
165.06 FACILITIES NECESSARY. No permit to conduct a massage establishment shall
be issued unless an inspection by the City reveals that the establishment complies with each of
the following minimum requirements:
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1.
A recognizable and legible sign shall be posted at the main entrance
identifying the establishment as a massage establishment.
2.
Minimum lighting shall be provided in accordance with the Uniform Building
Code and, in addition, at least one artificial light of not less than forty watts shall be
provided in each room or enclosure where massage services are performed on patrons.
3.
Minimum ventilation shall be provided in accordance with the Uniform
Building Code.
4.
Adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided.
5.
Hot and cold running water shall be provided at all times.
6.
Closed cabinets shall be provided which cabinets shall be utilized for the
storage of clean linen.
7.
In any establishment in which massage services are rendered only to members
of the same sex at any one time, such persons of the same sex may be placed in a
single separate room or the operators of the massage establishment may elect to place
such persons of the same sex in separate enclosed rooms or booths having adequate
ventilation to an area outside the room or booth while massage services are being
performed.
8.
Adequate bathing, dressing, locker, and toilet facilities shall be provided for
patrons. A minimum of one tub or shower, one dressing room containing a separate
locker for each patron to be served, which locker shall be capable of being locked, and
a minimum of one toilet and one wash basin shall be provided by every massage
establishment; provided, however, if male and female patrons are to be served
simultaneously at the establishment, a separate massage room or rooms, separate
dressing facilities and separate toilet facilities shall be provided for male and female
patrons.
9.
All walls, ceiling, floors, pools, showers, bathtubs, steam rooms, and all other
physical facilities for the establishment must be in good repair and maintained in a
clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or steam
or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned
each day the business is in operation. Bathtubs shall be thoroughly cleaned after each
use.
10.
Clean and sanitary towels and linens shall be provided for each patron of the
establishment. No common use of towels or linens shall be permitted.
11.
A minimum of one separate wash basin shall be provided in each massage
establishment for the use of employees of any such establishment, which basin shall
provide soap or detergent and hot and cold running water at all times and shall be
located within or as close as practicable to the area devoted to the performing of
massage services. In addition, there shall be provided at each wash basin sanitary
towels placed in permanently installed dispensers.
12.
Proof of compliance with all applicable provisions of this Code of Ordinances
shall be provided.
165.07 PERMIT PROCEDURES. Any applicant for a permit to operate a massage
establishment, pursuant to these provisions, shall personally appear at the police station of the
City and produce proof to the Police Department that the one hundred fifty dollar ($150.00)
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application fee has been paid to the Clerk, and thereupon the applicant shall present to the
Police Department the application containing the information described in Section 165.05.
The Police Chief shall have a reasonable time, not to exceed thirty days, within which to
investigate the application and the background of the applicant. Based on such investigation
the Police Chief shall render a recommendation as to the approval or denial of the permit to
the Mayor. Any applicant for a permit to perform massage services or to act as a massage
technician’s aide, pursuant to these provisions, shall personally appear at the Police
Department of the City and produce proof to the Police Department that the thirty-five dollar
($35.00) application fee has been paid to the Clerk, and thereupon the applicant shall present
to the Police Department the application containing the information described in Section
165.05. The Police Chief shall have a reasonable time, not to exceed thirty days, within which
to investigate the application and the background of the applicant. Based on such
investigation the Police Chief or representative shall render a recommendation as to the
approval or denial of the permit to the Mayor.
165.08 INSPECTION OF PREMISES. The Building Inspector and the Fire Department
shall inspect the premises proposed to be devoted to the massage establishment and shall make
separate recommendations to the Mayor concerning compliance with the provisions of this
chapter.
165.09 ISSUANCE OF PERMIT. The Mayor, after receiving the recommendations of the
Building Inspector and Fire Department, shall grant a permit to the establishment if all
requirements for a massage establishment described in this chapter are met and shall issue a
permit to all persons who have applied to perform massage services or to act as aides unless it
appears that any such person has deliberately falsified the application or unless it appears that
the record of such person reveals a conviction of a felony or a crime involving moral
turpitude.
165.10 APPEAL. Any person denied a permit pursuant to these provisions by the Mayor
may appeal to the Council in writing within ten days from the action, stating reasons why the
permit should be granted. The Council may grant or deny the permit and such decision shall
be final upon the applicant. Also, the Council may elect on its own motion to review any
determination of the Mayor granting or denying a permit. The Council shall hear the appeal
not less than seven or more than twenty-one days following the filing of the appeal.
165.11 PERMIT NOT TRANSFERABLE. All permits issued under this chapter are
nontransferable; provided, however, a change of location of a massage establishment may be
permitted pursuant to the provisions of Section 165.14.
165.12 DISPLAY OF PERMIT. Every person to whom or for which a permit has been
granted shall display the permit in a conspicuous place so that the same may be readily seen
by persons entering the premises where the massage, bath, or treatment is given.
165.13 VALIDITY AND RENEWAL OF PERMIT. A permit shall be valid for a period
of one year, unless suspended or revoked pursuant to the provisions of this chapter. The fee
for renewal shall be one hundred dollars ($100.00).
165.14 CHANGE OF LOCATION. A change of location of any premises may be
approved by the Police Chief and the Building Inspector, provided all ordinances and
regulations of the City are complied with and the change of location fee of fifty dollars
($50.00) is deposited with the City.
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165.15 EMPLOYEES. It is the responsibility of the holder of the permit for the massage
establishment or the employer of any persons purporting to act as massage technicians to
insure that each person employed as a massage technician shall first have obtained a valid
permit pursuant to this chapter. No registered massage technician aide may independently
practice the acts of massage, but said person may as a massage technician aide, assist a
technician in the acts constituting the practice of massage under the immediate personal
supervision and employment of a registered massage technician, but such aide may assist only
while the massage technician is personally present with the patron, and such aide may not
perform massage services. Any massage technician aide shall comply with the requirements
of Section 165.05.
165.16 INSPECTIONS. The Building Inspector and Fire Department shall from time to
time and at least twice each year make an inspection of each massage establishment in the
City for the purpose of determining that the provisions of this chapter are complied with.
165.17 PLACE OF BUSINESS. A person holding a permit under this chapter may
perform the functions of a massage technician only in a massage establishment for which a
permit has been secured according to the provisions of this chapter. Violations of this
provision shall constitute a misdemeanor.
165.18 HOURS OF OPERATION. A massage establishment shall not be operated
between the hours of 11:00 p.m. and 9:00 a.m. Violation of this provisions shall constitute a
misdemeanor.
165.19 NAME OF BUSINESS. No person authorized to do business as provided in this
chapter shall operate under any name or conduct business under any designation not specified
in the permit.
165.20 REVOCATION AND SUSPENSION. No permit shall be revoked until after a
hearing has been held before the City Council to determine just cause for such revocation;
provided, however, the Mayor may order any permits suspended pending such hearing, and it
is unlawful for any person to carry on the business of a massage technician or to operate as a
massage establishment depending upon the particular type of permit which as been suspended
until the suspended permit has been reinstated by the Council. Notice of such hearing shall be
given in writing and served at least five days prior to the date of the hearing thereon. The
notice shall state the grounds of the complaint against the holder of such permit, or against the
business carried on by the permittee at the massage establishment, and shall state the time and
place where such hearing will be held. The notice shall be served upon the permit holder by
delivering the same to such person or by leaving such notice at the place of business or
residence of the permit holder in the custody of a person of suitable age and discretion. In the
event the permit holder cannot be found, and the service of such notice cannot be made in the
manner provided in this section, a copy of such notice shall be mailed, postage fully prepaid,
addressed to the permit holder at the place of business or residence at least five days prior to
the date of such hearing.
165.21 SALE OR TRANSFER. Upon the sale or transfer of any interest in a massage
establishment, the permit shall be null and void. A new application shall be made by a person
desiring to own or operate the massage establishment. A fee of five dollars ($5.00) shall be
payable for each such application involving sale or other transfer of any interest in an existing
massage establishment. The provisions of this chapter shall apply to any person applying for a
massage establishment permit for premises previously used as such establishment. Any such
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sale or transfer of any interests in an existing massage establishment or any application for an
extension or expansion of the building or other place of business of the massage establishment
shall require inspection and shall require compliance with the provisions of this chapter.
165.22 APPLICABILITY. The provisions of this chapter shall be applicable to all
persons and businesses described in this chapter whether the described activities were
established before or after June 14, 1976.
165.23 UNLAWFUL ACTIVITIES. It is unlawful for any person to massage any other
person or give or administer any bath or baths in such a manner as to commit a lewd act.
“Lewd” means acts of masturbation, homosexuality, sexual intercourse or physical contact
with a person’s clothed or unclothed genitals, pubic area, buttocks or, if the person is female,
breast. Any violation of this provision shall be deemed grounds for the revocation of the
permit granted under this chapter.
165.24 PRACTICE WITHOUT PERMIT UNLAWFUL. Every person, except those
persons who are specifically exempt by this chapter, whether acting as an individual, owner,
employee of the owner, operator or employee of the operator or whether acting as a mere
helper for the owner, employee or operator or whether acting as a participant or worker in any
way who gives massages or conducts a massage establishment or room, or who gives or
administers or who practices the giving or administering of steam baths, electric light baths,
electric tub baths, shower baths, sponge baths, vapor baths, fomentation, sun baths, mineral
baths, alcohol rubs, Russian, Swedish or Turkish baths, or any other type of baths, salt glows
or any type of therapy or who does or practices any of the other things or acts mentioned in
this chapter without first obtaining a permit to do so from the City or shall violate any
provisions of this chapter is guilty of a misdemeanor.
165.25 RESPONSIBILITY OF OWNER. Any owner, operator, manager or permittee in
charge or in control of a massage establishment who knowingly employs a person performing
as a massage technician as defined in this chapter who is not in possession of a valid permit or
who allows such an employee to perform, operate or practice within such a place of business
is guilty of a misdemeanor.
165.26 NUISANCE DECLARED. Any massage establishment operated, conducted or
maintained contrary to the provisions of this chapter shall be and the same is declared to be
unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of
prosecuting a criminal action under this chapter, commence an action or actions, proceeding or
proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by
law; and shall take such other steps and shall apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove such massage establishment and
restrain and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this chapter.
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CODE OF ORDINANCES, CARTER LAKE, IOWA
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 166
SEXUALLY ORIENTED BUSINESSES
166.01
166.02
166.03
166.04
166.05
166.06
166.07
166.08
166.09
166.10
166.11
Jurisdiction
Definitions
Classifications
License Required; Temporary License
Issuance of License
Fees
Periodic Inspection
Expiration of License
Cause for Suspension
Cause for Revocation
Right to Hearing; Prompt Judicial Review;
Provisional License
166.01
City.
166.12 Transfer of License
166.13 Hours of Operation
166.14 Regulations Regarding Exhibition of Sexually
Explicit Films on the Premises
166.15 Loitering; Exterior Lighting and Monitoring
Requirements
166.16 Applicability to Existing Businesses
166.17 Live Public Nudity on Premises
166.18 Scienter Requirement to Prove Violation or Liability
166.19 Siting Criteria
JURISDICTION. The provisions of this chapter apply to all of the territory of the
166.02 DEFINITIONS. For purposes of this chapter, the words and phrases defined in the
sections hereunder shall have the meanings therein respectively ascribed to them unless a
different meaning is clearly indicated by the context.
1.
“Adult bookstore,” “adult novelty store” or “adult video store” means a
commercial establishment that has a significant or substantial portion of its stock in
trade or derives a significant or substantial portion of its revenues or devotes a
significant or substantial portion of its interior business or advertising, or maintains a
substantial section of its sales or display space to the sale or rental, for any form of
consideration, of any one or more of the following:
A.
Books, magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, video cassettes, compact discs, slides, or
other visual representations that are characterized by their emphasis upon the
exhibition or description of “specified sexual activities” or “specified
anatomical areas”;
B.
Instruments, devices, or paraphernalia that are designed for use or
marketed primarily for stimulation of human genital organs or for
sadomasochistic use or abuse of themselves or others.
The terms “adult bookstore,” “adult novelty store” or “adult video store” also include
a commercial establishment that regularly maintains one or more “adult arcades.”
“Adult arcade” means any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished or characterized
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by their emphasis upon matter exhibiting or describing “specified sexual activities” or
“specified anatomical areas.”
2.
“Adult cabaret” means a nightclub, bar, juice bar, restaurant, bottle club, or
business or entity that is operated with the emphasis on observation or viewing of
nude or semi-nude performances – whether the performers receive compensation or
not and whether or not alcoholic beverages are served – that regularly feature persons
who appear nude or semi-nude.
3.
“Adult motel” means a motel, hotel, or similar commercial establishment that:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films, motion
pictures, videocassettes, other photographic reproductions, or live
performances that are characterized by the depiction or description of
“specified sexual activities” or “specified anatomical areas”; and that
advertises the availability of such material by means of a sign visible from the
public right-of-way, or by means of any on- or off-premises advertising,
including but not limited to newspapers, magazines, pamphlets or leaflets,
radio, or television; or
B.
Offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
C.
Allows a tenant or occupant of a sleeping room to sub-rent the room
for a period of time that is less than ten (10) hours.
4.
“Adult motion picture theater” means a commercial establishment in which
films, motion pictures, videocassettes, slides, or similar photographic reproductions
that are characterized by their emphasis upon the exhibition or description of
“specified sexual activities” or “specified anatomical areas” are regularly shown for
any form of consideration.
5.
“Controlling interest” means the power, directly or indirectly, to direct the
operation, management, or policies of a business or entity, or to vote twenty percent
(20%) or more of any class (or combination of multiple classes that aggregate in
amount of 20% or greater) of voting shares of a business. The ownership, control, or
power to vote 20% or more of any class of voting shares of a business (or a
combination of multiple classes that aggregate in an amount of 20% or greater) shall
be presumed, subject to rebuttal, to be the power to direct the management, operation
or policies of the business.
6.
“Distinguished or characterized by an emphasis on” means the dominant or
principal theme of the object described by such phrase. For instance, when the phase
refers to films that are distinguished or characterized by an emphasis upon the
exhibition or description of specified sexual activities or specified anatomical areas,
the films so described are those whose dominant or principal character and theme are
the exhibition or description of specified anatomical areas or specified sexual
activities. Similarly, when the phrase refers to a performance that is distinguished or
characterized by an emphasis upon the exhibition or showing of specified sexual
activities or specified anatomical areas, the performance so described is one whose
dominant or principal character and theme are the exhibition or showing of specified
anatomical areas or specified sexual activities.
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7.
“Employ,” “employee” and “employment” describe and pertain to any person
who performs any service on the premises of a sexually oriented business, on a fulltime, part-time, or contract basis, whether or not the person is denominated an
employee, independent contractor, agent, or otherwise. “Employee” does not include
a person exclusively on the premises for repair or maintenance of the premises or for
the delivery of goods to the premises.
8.
“Establish” or “establishment” means and includes any of the following:
A.
The opening or commencement of any sexually oriented business as a
new business.
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business; or
C.
The addition of any sexually oriented business to any other existing
sexually oriented business.
9.
“Licensee” means a person in whose name a license to operate a sexually
oriented business has been issued, as well as the individual or individuals listed on an
application for a sexually oriented business license. In case of an “employee,” it
means the person in whose name the sexually oriented business employee license has
been issued.
10.
“Nudity” or “state of nudity” means the showing of the human male or female
genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque
covering, or the showing of the female breast with less than a fully opaque covering of
any part of the nipple and areola.
11.
“Operate” or “cause to operate” means to cause to function or to put or keep
in a state of doing business. “Operator” means any person on the premises of a
sexually oriented business who is authorized to exercise overall operational control of
the business or who causes to function or who puts or keeps in operation the business.
A person may be found to be operating or causing to be operated a sexually oriented
business whether or not that person is an owner, part owner or licensee of the
business.
12.
“Regularly features” or “regularly shows” means a consistent or substantial
course of conduct, such that the films or performances exhibited constitute a
substantial portion of the films or performances offered as a part of the ongoing
business of the sexually oriented business.
13.
“Semi-nude” or “state of semi-nudity” means a state of dress in which opaque
clothing covers no more than the genitals, anus, anal cleft, cleavage, pubic area, vulva,
as well as the nipple and areola of the female breast, as well as portions of the body
covered by supporting straps or devices. This definition does not include any portion
of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard,
bathing suit, or other wearing apparel provided that the areola and nipple are not
exposed in whole or in part.
14.
“Semi-nude model studio” means any place in which a person regularly
appears in a state of semi-nudity and is provided money or any other form of
consideration to be so observed, sketched, drawn, painted, sculpted, photographed, or
similarly depicted by other persons. It is a defense to prosecution for any violation of
this chapter that a person appearing in a state of semi-nudity did so in a modeling
class operated:
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SEXUALLY ORIENTED BUSINESSES
A.
By a college, junior college, or university supported entirely or partly
by taxation;
B.
By a private college or university that maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by taxation; or
C.
In a structure:
(1)
That has no sign visible from the exterior of the structure and
no other advertising that indicates a semi-nude person is available for
viewing; and
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
15.
“Sexually oriented entertainment activity” means the sale, rental or exhibition,
for any form of consideration, of books, films, videocassettes, magazines, periodicals,
or live performances that are characterized by any emphasis on the exposure or
display of specific sexual activity or specific anatomical areas.
16.
“Specified anatomical areas” means human genitals, pubic region, anus, cleft
of the buttocks or the nipple or areola of the female breast.
17.
“Specified criminal activity” means any of the following offenses:
A.
Section 728.2 † (dissemination and exhibition of obscene materials to
minors); Section 728.3 (admitting minors to premises where obscene matter is
exhibited); Section 728.4 (rental or sale of hard core pornography); Section
728.5 (public indecent exposure in certain establishments); Section 728.12
(sexual exploitation of a minor); Section 709.2-4 (sexual abuse); Section
709.8 (lascivious acts with a child); Section 709.9 (indecent exposure);
Section 709.12 (indecent contact with a child); Section 709.14 (lascivious
conduct with a minor); Section 709C.1 (criminal transmission of human
immunodeficiency virus); Section 711.4 (extortion); Section 725.1-4
(prostitution, pimping, pandering, leasing premises for prostitution); or
criminal attempt, conspiracy or solicitation to commit any of the foregoing
offenses or offenses in other jurisdictions that, if the acts would have
constituted any of the foregoing offenses if the acts had been committed in
Iowa, for which:
(1)
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(2)
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(3)
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of two or
more misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24-month period.
†
All citations refer to sections in the Code of Iowa.
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SEXUALLY ORIENTED BUSINESSES
The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant.
18.
“Specified sexual activity” means any of the following:
A.
Sex acts, normal or perverted, including intercourse, oral copulation,
masturbation or sodomy; or
B.
Fondling, caressing, or other erotic touching either by the individual
or anyone else of the specific anatomical areas specified herein; or
C.
Exposure of the specific anatomical areas; or
D.
Excretory functions as a part of or in connection with any of the
activities described in A, B or C above.
19.
“Transfer of ownership or control” (of a sexually oriented business) means
any of the following:
A.
The sale, lease, or sub-lease of the business;
B.
The transfer of shares that constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
C.
The establishment of a trust, gift, or other similar legal device that
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing the
ownership or control.
20.
“Video room” means the room, booth, or area where a patron of sexually
oriented business would ordinarily be positioned while watching a film, videocassette,
or other video reproduction.
166.03
1.
2.
3.
4.
5.
166.04
CLASSIFICATIONS. Sexually oriented businesses shall be classified as follows:
Adult bookstores, adult novelty stores, adult video stores;
Adult cabarets;
Adult motels;
Adult motion picture theaters;
Semi-nude model studios.
LICENSE REQUIRED; TEMPORARY LICENSE.
1.
It is unlawful for any person to operate a sexually oriented business in the
City without a valid sexually oriented business license.
2.
It is unlawful for any person to be an “employee,” as defined in this chapter,
of a sexually oriented business in the City without a valid sexually oriented business
employee license.
3.
An applicant for a sexually oriented business license or a sexually oriented
business employee license shall file in person at the office of the City Building
Inspector a completed application made on a form provided by the Building Inspector.
The application shall be signed by the applicant and notarized. An application shall
be considered complete when it contains the information required in Paragraphs A
through F as follows:
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A.
The applicant’s full true name and any other names used in the
preceding five (5) years.
B.
Current business address or another mailing address of the applicant.
C.
Written proof of age, in the form of a copy of a birth certificate and a
picture identification document issued by a governmental agency.
D.
If the application is for a sexually oriented business license, the
business name, location, legal description, mailing address, and phone number
of the sexually oriented business.
E.
If the application is for a sexually oriented business license, the name
and business address of the statutory agent or other agent authorized to
receive service of process.
F.
A statement of whether the applicant has been convicted or has pled
guilty or nolo contendere to any “specified criminal activity” as defined in
this chapter, and if so, the specific criminal activity involved, including the
date, place and jurisdiction of each, as well as the dates of conviction and
release from confinement, where applicable.
The information provided pursuant to Paragraphs A through F of this subsection shall
be supplemented in writing by certified mail, return receipt requested, to the Building
Inspector within ten (10) working days of a change of circumstances that would
render the information originally submitted false, incomplete or reasonably
misleading.
4.
An application for a sexually oriented business license shall be accompanied
by a sketch or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch or diagram need
not be professionally prepared but shall be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus six
(6) inches. Applicants who are required to comply with Sections 166.14 and 166.17
of this chapter shall submit a diagram meeting the requirements of those sections.
5.
If a person who wishes to operate a sexually oriented business is an
individual, such person shall sign the application for a license as applicant. If a person
who wishes to operate a sexually oriented business is other than an individual, each
officer, director, general partner, each other person who will manage, supervise, or
control the premises, and each other person who will participate in decisions relating
to management and control of the business shall sign the application for a license as
applicant. Each applicant must be qualified under Section 166.05 and each applicant
shall be considered a licensee if a license is granted.
6.
The information provided by an applicant in connection with an application
for a license under this chapter shall be maintained by the Building Inspector on a
confidential basis, except that such information may be disclosed to law enforcement
agencies in connection with a law enforcement or public safety function, or as may be
required by governing law or court order.
166.05
ISSUANCE OF LICENSE.
1.
Upon the filing of a completed application under Section 166.04(3) for a
sexually oriented business license, the Building Inspector shall immediately issue a
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temporary license to the applicant, which temporary license shall expire upon the final
decision of the City to deny or grant the license. Within twenty (20) days of the initial
filing date of the completed application, the Building Inspector shall issue a license to
the applicant or issue to the applicant a letter of intent to deny the application. The
Building Inspector shall approve the issuance of a license unless:
A.
An applicant is less than eighteen (18) years of age.
B.
An applicant has failed to provide information as required by Section
166.04 for issuance of a license or has falsely answered a question or request
for information on the application form.
C.
paid.
The license application fee required by Section 166.06 has not been
D.
An applicant has been found guilty of a violation of Section
166.07(1), Section 166.10(2), or Section 166.17(1), (2) or (3) of this chapter
within the previous year.
E.
The sexually oriented business premises is not in compliance with the
interior configuration requirements of this chapter or is not in compliance
with locational requirements established in this chapter and the applicable
Zoning Code provisions.
F.
An applicant has been convicted of a “specified criminal activity,” as
defined in this chapter.
2.
Upon the filing of a completed application for a sexually oriented business
employee license, the Building Inspector shall issue a temporary license to the
applicant, which temporary license shall expire upon the final decision of the City to
deny or grant the license. Within twenty (20) days of the initial filing date of the
receipt of a completed application, the Building Inspector shall either issue a license
or issue a written notice of intent to deny a license to the applicant. The Building
Inspector shall approve the issuance of a license unless one or more of the following is
found to be true.
A.
An applicant is less than eighteen (18) years of age.
B.
An applicant has failed to provide information required by Section
166.04 for issuance of a license or has falsely answered a question or request
for information on the application form.
C.
paid.
The license application fee required by Section 166.06 has not been
D.
An applicant has been shown to have committed a violation of
Section 166.07(1), Section 166.10(2) or Section 166.17(1), (2) or (3) of this
chapter within the previous year.
E.
An applicant has been convicted of a “specified criminal activity” as
defined in this chapter.
3.
The license, if granted, shall state on its face the name of the person to whom
it is granted, the number of the license issued to the licensee, the expiration date, and,
if the license is for a sexually oriented business, the address of the sexually oriented
business. The sexually oriented business license shall be posted in a conspicuous
place at or near the entrance to the sexually oriented business so that it may be easily
read at any time. A sexually oriented business employee shall keep the employee’s
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license on his or her person or on the premises where the licensee is then working or
performing and shall produce such license for inspection upon request by a law
enforcement officer or other City official performing functions connected with the
enforcement of this chapter.
166.06 FEES. A filing fee in accordance with the following fee schedule shall be charged
for each application for initial license and annual renewals to assist in deferring the cost of the
administrative review. The applicant shall be held responsible for submitting the required fees
upon submission of the completed application. No action shall be taken on any application
until the required fee is paid in full. The fee schedule is as follows:
Sexually Oriented Business License, Initial License............................ $ 300.00
Sexually Oriented Business License, Annual Renewal ........................ $ 300.00
Sexually Oriented Business Employee’s License, Initial License........ $ 100.00
Sexually Oriented Business Employee’s License, Annual Renewal .... $ 100.00
Whether the request is granted or denied, the applicant shall not be entitled to a refund of the
fee paid.
166.07
PERIODIC INSPECTION.
1.
Sexually oriented businesses and sexually oriented business employees shall
permit agents of the City to inspect from time to time on an occasional basis the
portions of the sexually oriented business premises where patrons are permitted, for
the purpose of ensuring compliance with the specific regulations of this chapter,
during those times when the sexually oriented business is occupied by patrons or is
open for business. A licensee’s knowing or intentional refusal to permit such an
inspection shall constitute a violation of this section for purposes of license denial,
suspension or revocation. This section shall be narrowly construed by the City to
authorize reasonable inspections of the licensed premises pursuant to this chapter, but
not to authorize a harassing or excessive pattern of inspections.
2.
The provisions of this section do not apply to areas of an adult motel that are
currently being rented by a customer for use as a permanent or temporary habitation
(of a duration of longer than ten (10) consecutive hours).
166.08
EXPIRATION OF LICENSE.
1.
Each license shall remain valid for a period of one calendar year from the date
of issuance unless otherwise suspended or revoked. Such license may be renewed
only by making application and payment of a fee as provided in Section 166.04 and
Section 166.06.
2.
Application for renewal should be made at least ninety (90) days before the
expiration date, and when made less than ninety (90) days before the expiration date,
the expiration of the license will not be affected.
166.09
CAUSE FOR SUSPENSION.
1.
The City shall issue a written letter of intent to suspend a sexually oriented
business license for a period not to exceed thirty (30) days if the sexually oriented
business licensee has violated this chapter or has knowingly allowed an employee to
violate this chapter.
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2.
The City shall issue a written letter of intent to suspend a sexually oriented
business employee license it the employee has violated this chapter.
166.10
CAUSE FOR REVOCATION.
1.
The City shall issue a letter of intent to revoke a sexually oriented business
license or a sexually oriented business employee license if the respective licensee
commits two or more violations within a 12-month period.
2.
The City shall issue written intent to revoke a sexually oriented business
license or a sexually oriented business employee license if:
A.
The licensee has knowingly given false information in the application
for a sexually oriented business license or a sexually oriented business
employee license.
B.
The licensee has knowingly allowed or engaged in possession, use, or
sale of controlled substances on the premises.
C.
The licensee has knowingly allowed or engaged in prostitution on the
premises.
D.
The licensee knowingly operated the sexually oriented business
during a period of time when the license was suspended.
E.
The licensee has knowingly allowed or engaged in any specified
sexual activity in or on the licensed premises.
F.
The licensee has knowingly allowed or engaged in behavior that
negatively affects the health, safety or welfare of the residents of the City or
otherwise in violation of this chapter.
3.
A business licensee shall be liable for the acts of an employee only pursuant
to the standard established in Section 166.18.
4.
When, after the notice and hearing procedure described in Section 166.11, the
Building Inspector revokes a license, the revocation shall continue for two (2) years
and the licensee shall not be issued a sexually oriented business license or sexually
oriented business employee license for two (2) years from the date revocation
becomes effective, provided that, if the conditions of Section 166.11(3) are met, a
provisional license will be granted pursuant to that section. If, subsequent to
revocation, the Building Inspector finds that the basis for the revocation based on
paragraph 2A of this section has been corrected or abated, the applicant shall be
granted a license if at least ninety (90) days have elapsed since the date the revocation
became effective. If the license was revoked under paragraphs B, C. D or E of
subsection 2 of this section, an applicant may not be granted another license until at
least two years have elapsed.
166.11 RIGHT TO HEARING; PROMPT JUDICIAL REVIEW; PROVISIONAL
LICENSE.
1.
If facts exist that warrant the denial, suspension or revocation of a license
under this chapter, the Building Inspector shall notify the applicant or licensee
(respondent) in writing of the intent to deny, suspend or revoke the license, including
the grounds thereof, by personal delivery or by certified mail. The notification shall
be directed to the most current business address or other mailing address on file with
the Building Inspector for the respondent. Within ten (10) working days of the receipt
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of such notice, the respondent may submit a request to the Building Inspector for a
hearing before the Council to refute the grounds alleged by the City for denial,
suspension or revocation of the license.
2.
Within five (5) days of the receipt of respondent’s written response, the
Building Inspector shall notify respondent in writing of the hearing date on
respondent’s denial, suspension or revocation proceeding. Such hearing date must be
held within twenty (20) working days of the receipt of respondent’s written response.
The Council shall conduct said hearing, at which respondent shall have the
opportunity to present respondent’s arguments, be represented by counsel if desired
(at the respondent’s own expense), present evidence and witnesses on his or her
behalf, and cross examine any of the City’s witnesses. The Building Inspector shall
be represented by counsel, and shall bear the burden of proving the grounds for
denying, suspending or revoking the license. The hearing shall take no longer than
two (2) days, unless extended to meet the requirements of due process and the proper
administration of justice. The Council shall issue a written decision within five (5)
business days after the hearing. If the decision is to deny, suspend or revoke the
license, it shall state the reasons for such action, and the denial, suspension or
revocation shall become final for purposes of appeal immediately, but shall not take
effect or be enforced until thirty (30) days thereafter. If the decision is to grant the
license, the City shall immediately issue a license to the respondent.
3.
An applicant or licensee (aggrieved party) whose application for a license has
been denied or whose license has been suspended or revoked shall have the right to
challenge or appeal such action or seek a declaration of rights concerning such action
concerning this chapter, upon factual grounds or constitutional grounds or both, to a
court of law within thirty (30) days after issuance of the Council’s written decision.
Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin or
seek a declaration of rights concerning this chapter or the City’s denial, suspension or
revocation of a license issued pursuant to this chapter, the City shall immediately
issue the aggrieved party a provisional license. The City shall supply the court with
any documents, reports or transcripts relevant to the lawsuit within fifteen (15) days
after receiving notice of the lawsuit. The provisional license shall allow the aggrieved
party to operate or continue operation of the sexually oriented business or to be
employed or continue employment as a sexually oriented business employee, and will
expire only upon the court’s entry of a judgment on the merits of the aggrieved party’s
action to appeal, challenge, restrain or otherwise enjoin or seek a declaration of rights
concerning this chapter or the City’s denial, suspension or revocation of a license
under this chapter.
4.
If, in the alternative, the aggrieved party does not wish to bear the burden of
initiating a court action, such person may, within thirty (30) days after the Council’s
written decision is issued, elect to require the City to file a declaratory action in a
court of competent jurisdiction, seeking a declaration that the denial, suspension or
revocation is valid and that this chapter is constitutionally sound. Such an election
must be made in writing and be delivered to the City Attorney’s Office within thirty
(30) days of issuance of the Council’s written decision. Upon the delivery of the
election notice to the City Attorney’s Office, the City shall immediately issue the
aggrieved party a provisional license. The provisional license shall allow the
aggrieved party to operate or continue operation of the sexually oriented business or to
be employed or continue employment as a sexually oriented business employee, and
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will expire only upon the court’s entry of a judgment on the merits of the validity of
this chapter and the City’s denial, suspension or revocation decision.
5.
This section shall be liberally construed to permit the uninterrupted operation
of the sexually oriented business or the uninterrupted employment of the sexually
oriented business employee under the terms and conditions of this chapter during the
course of any court action challenging this chapter or an adverse licensing decision
under this chapter until the court of law rules upon all of the aggrieved party’s factual
or constitutional claims.
166.12 TRANSFER OF LICENSE. A licensee shall not transfer his or her license to
another, nor shall a licensee operate a sexually oriented business under the authority of a
license at any place other than the address designated in the sexually oriented business license
application.
166.13 HOURS OF OPERATION. No sexually oriented business, except for an adult
motel, shall be or remain open for business between 2:00 a.m. and 6:00 a.m. on a weekday, or
between 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, a sexually
oriented business that holds a liquor license or retail beer permit entitling the holder to sell
alcoholic liquor or beer on Sunday may remain open between the hours of 8:00 a.m. on
Sunday and 2:00 a.m. on the following Monday.
166.14 REGULATIONS REGARDING EXHIBITION OF SEXUALLY EXPLICIT
FILMS ON THE PREMISES.
1.
A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, that exhibits on the premises in a viewing room of less than
one hundred fifty (150) square feet of floor space, a film, video cassette or other video
characterized by an emphasis an the display of “specified sexual activities” or
“specified anatomical areas” shall comply with the requirements contained in Section
166.04 of this chapter.
2.
It is unlawful for a person having a duty under this section to knowingly fail
to fulfill that duty.
166.15 LOITERING;
EXTERIOR
LIGHTING
AND
MONITORING
REQUIREMENTS. It shall be the duty of the operator of a sexually oriented business to:
(a) post conspicuous signs stating that no loitering is permitted on such property; (b) designate
one or more employees to monitor the activities of persons on such property by visually
inspecting such property at least once every two hours or inspecting such property by use of
video cameras and monitors; and (c) provide lighting of the exterior premises to provide for
visual inspection or video monitoring to prohibit loitering. If used, video cameras and
monitors shall operate continuously at all times that the premises is open for business. The
monitors shall be installed within a manager’s station or at a cash register where an employee
is regularly present. It is unlawful for a person having a duty under this section to knowingly
fail to fulfill that duty.
166.16 APPLICABILITY TO EXISTING BUSINESSES. The provisions of this chapter
apply to the activities of all sexually oriented businesses and sexually oriented business
employees described herein, whether such businesses or activities were established or
commenced before, on, or after the effective date of the ordinance codified in this chapter.
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166.17
SEXUALLY ORIENTED BUSINESSES
LIVE PUBLIC NUDITY ON PREMISES.
1.
It is a violation of this chapter for a licensee required to obtain a sales tax
permit to knowingly or intentionally violate Section 728.5 of the Code of Iowa. It is a
violation for any person to knowingly or intentionally, in a sexually oriented business,
appear in a state of nudity.
2.
It is a violation of this chapter for any employee to knowingly and
intentionally appear semi-nude in a sexually oriented business unless the employee,
while semi-nude, is at least six (6) feet from any patron or customer and on a stage at
least two (2) feet from the floor.
3.
It is a violation of this chapter for an employee, while semi-nude in a sexually
oriented business, to knowingly or intentionally receive any pay or gratuity directly
from any patron or customer or for any patron or customer to knowingly or
intentionally pay or give any gratuity directly to any employee, while said employee is
semi-nude in a sexually oriented business.
4.
It is a violation of this chapter for an employee, while semi-nude in a sexually
oriented business, to knowingly or intentionally touch a customer or the clothing of a
customer or for a customer to knowingly and intentionally touch an employee or the
clothing of an employee, while said employee is semi-nude in a sexually oriented
business.
5.
A sign in a form to be prescribed by the Building Inspector and summarizing
the provisions of subsections 1 through 4 of this section shall be posted near the
entrance of the sexually oriented business in such a manner as to be clearly visible to
patrons upon entry into the inside of the building.
166.18 SCIENTER REQUIREMENT TO PROVE VIOLATION OR LIABILITY.
Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an
employee that constitutes grounds for suspension or revocation of that employee’s license
shall be imputed to the sexually oriented business licensee for purposes of finding a violation
of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer,
director, or general partner, or a person who managed, supervised, or controlled the business
premises, knew or reasonably should have known that such act was occurring and failed to
prevent such act. It shall be a defense to liability under this chapter that the person to whom
the violation is imputed was powerless to prevent the act.
166.19
SITING CRITERIA.
1.
A person commits a violation of this chapter if that person operates or causes
to be operated a sexually oriented business in any zoning district other than C-1, as
defined and described in the Carter Lake Zoning District Regulations.
2.
A person commits an offense if the person operates or causes to be operated a
sexually oriented business within two thousand (2,000) feet of:
A.
A church, synagogue, mosque, temple or building that is used
primarily for religious worship and related religious activities.
B.
A public or private educational facility, including child day care
facilities, nursery schools, preschools, kindergartens, elementary schools,
private schools, intermediate schools, junior high schools, middle schools,
high schools, vocational schools, secondary schools, continuation schools,
special education schools, junior colleges, and universities; (“school” includes
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any school grounds, but does not include facilities used primarily for another
purpose and only incidentally as a school);
C.
A public park, public playground, public plaza or cemetery; or
D.
Another sexually oriented business.
3.
A person commits an offense if the person operates or causes to be operated a
sexually oriented business within five hundred (500) feet of a residential “R” district,
as defined in the Carter Lake Zoning District Regulations.
4.
For the purpose of subsection 2 of this section, measurement shall be made in
a straight line, without regard to intervening structures or objects, from the nearest
property line of the premises where a sexually oriented business is conducted to the
nearest property line of the premises of a use listed in such subsection. The presence
of a county, city or other political subdivision boundary shall be irrelevant for
purposes of calculating and applying the distance requirements of this section.
5.
For purpose of paragraph D of subsection 2 of this section, the distance
between any two sexually oriented businesses shall be measured in a straight line,
without regard to the intervening structures or objects or political boundaries, from the
closest exterior wall of the structure in which each business is located.
6.
Any sexually oriented business lawfully operating on the effective date of the
ordinance codified in this chapter 1 that is in violation of subsection 1 through 4 of this
section shall be deemed a nonconforming use. The nonconforming use will be
permitted to continue for a period not to exceed one (1) year from the date of
enactment of this chapter, unless sooner terminated for any reason or voluntarily
discontinued for a period of thirty (30) days or more. Such nonconforming uses shall
not be increased, enlarged, extended or altered except that the use may be changed to
a conforming use. If two or more sexually oriented businesses are within two
thousand (2,000) feet of one another and otherwise in a permissible location, the
sexually oriented business that was first established and continually operating at a
particular location is the conforming use and the later established business is
nonconforming.
7.
A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of
the sexually oriented business license, of a use listed in subsection 2 of this section
within two thousand (2,000) feet of the sexually oriented business. This provision
applies only to the renewal of a valid license, and does not apply when an application
is made for a license after the applicant’s previous license has expired or been
revoked.
1
EDITOR’S NOTE: The effective date of this chapter is January 3, 2005.
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 167
PUBLIC DANCES
167.01
167.02
167.03
167.04
167.05
167.06
Compliance Required
License Required
License Application
License Fee
Restrictions
License Not Assignable
167.07
167.08
167.09
167.10
167.11
167.12
Display Of License
Standards For Dance Premises
Description of Premises
Disorderly Conduct
Hours of Operation
Suspension or Revocation of License
167.01 COMPLIANCE REQUIRED. Any dance held within the City to which the public
may gain admission, with or without payment of a fee, shall be subject to supervision and
regulation as required by this chapter.
167.02 LICENSE REQUIRED. No person shall conduct, host, organize or sponsor a
dance open to the public without first obtaining a license as provided in this chapter. This
chapter, however, shall not be deemed to apply to dance clubs with a specific membership or
to persons conducting dance classes.
167.03 LICENSE APPLICATION. All applicants for a public dance license shall apply
in writing to the Clerk. The Clerk shall forward the application to the appropriate departments
for inspections. All applications shall be made in the name of the owner of the business,
whether an individual, a partnership, or a corporation, and shall contain the following:
1.
The full name, residence address, business address, date of birth and social
security number of the applicant, and when the applicant is a partnership or
corporation, of the partners and officers.
2.
If the applicant is a corporation, the name of the corporation shall be set forth
exactly as shown in its articles of incorporation, together with the names and
residence addresses of each of the officers, directors and each stockholder holding
more than ten percent of the stock of the corporation. If the applicant is a partnership,
the application shall set forth the name and the residence address of each of the
partners, including limited partners. If one or more of the partners is a corporation,
the subsections of this section pertaining to a corporate application apply.
3.
The name and address of the owner of the building where such dance will be
located.
Upon receipt of departmental inspections and if the Clerk finds that the applicant has fully
complied with all requirements of this chapter and all applicable ordinances and codes
regulating fire, buildings, health and zoning, and that the applicant is of good moral character,
the Clerk shall approve the application and shall authorize the issuance of a license to conduct
public dances.
167.04 LICENSE FEE. A license fee of $50.00 per dance shall be collected prior to the
issuance of a license, to all for-profit businesses.
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167.05 RESTRICTIONS. Every annual or occasional license authorized under this
chapter shall be limited to a single property or place designated in the license. No dance shall
be held by the licensee at any place other than so designated. For the purpose of this chapter,
a single property or place shall include the dance room, check room, lounge or other room
constituting a suite in connection therewith.
167.06 LICENSE NOT ASSIGNABLE. The licenses granted under this chapter shall be
personal to the licensee and shall not be assignable.
167.07 DISPLAY OF LICENSE. No public dance shall be conducted unless the license
required therefor is conspicuously displayed on the walls of the place designated therein so
that all persons visiting the premises may readily see it.
167.08
STANDARDS FOR DANCE PREMISES.
1.
The premises for any public dance shall provide for actual dancing a floor
space of at least 100 square feet. The room where dancing is conducted shall be
illuminated to a minimum of two foot-candles, as measured by a photometer at a plane
30 inches above the floor, at any point in the room. Such building or structure shall
also be equipped with two exits that will furnish ample protection in case of fire, and
all materials used for interior decoration shall be fire resistant or so chemically treated
as to be fire resistant.
2.
The premises of a beer or wine permit holder or liquor license holder, where
public dancing is permitted, shall be subject to other structural requirements as may be
required by the provisions of this Code of Ordinances † or State law.
167.09 DESCRIPTION OF PREMISES. The premises used for a public dance shall be
described in the license by street name and number or other definite description.
167.10 DISORDERLY CONDUCT. No dance licensee or employee or agent thereof
shall permit such licensed premises to become disorderly. The term “disorderly” as used in
this section shall have the meaning contained in Section 45.05 of this Code of Ordinances.
167.11 HOURS OF OPERATION. No person shall permit any public dance to remain
open or permit any public dancing between the hours of 2:00 a.m. and 6:00 a.m., Monday
through Saturday, and between the hours of 2:00 a.m. and 8:00 a.m. on Sunday.
167.12 SUSPENSION OR REVOCATION OF LICENSE. Any license issued pursuant
to this chapter may be suspended or revoked for violations of this chapter or any other chapter
of this Code of Ordinances.
[The next page is 1009]
†
EDITOR’S NOTE: See Section 146.08 for additional regulations for dances on premises where beer,
wine or liquor is sold.
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 168
INTRUSION ALARMS
168.01
168.02
168.03
168.04
168.05
Definitions
Alarm System Requirements Generally
Permits Required
Applications; Fee For Permit
Issuance of Permit
168.01
168.06
168.07
168.08
168.09
168.10
Term of Permit and Renewal
Inspection of Alarm System
False Alarm Fees
Suspension of Permits
Reinstatement After Suspension
DEFINITIONS. As used in this chapter, unless the context otherwise requires:
1.
“Agent” means a natural person who is designated by the principal to be
responsible for premises protected by an alarm system during the principal’s absence
or unavailability.
2.
“Alarm business” means the business of any person selling, monitoring,
leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any
alarm system or causing to be sold, leased, maintained, serviced, repaired, altered,
replaced, moved or installed any alarm in or on any building, structure or facility.
3.
“Alarm system” means any assembly of equipment, mechanical or electrical,
arranged to designate the occurrence of an entry or attempted entry into the area
protected by the system, resulting in a signal to which the police would be expected to
respond.
4.
“Alarm user” means the person in control of any building, structure or facility
who purchases, leases, contracts for or otherwise obtains an alarm system and
thereafter contracts with or hires an alarm business to monitor and/or service the alarm
device.
5.
“Annunciator” means that part of an alarm system which communicates the
fact that the system has been triggered.
6.
“False alarm” means an alarm signal eliciting an urgent response by police
when a situation requiring an urgent response does not, in fact, exist, but does not
include an alarm signal caused by violent conditions of nature or other extraordinary
circumstances not reasonably subject to control by the alarm business or alarm user.
The burden of proving that such alarm was not a false alarm shall be on the alarm
business or alarm user.
7.
“Local alarm system” means an alarm system which, when activated, causes
an audible and/or visual signaling device to be activated and is intended to be seen
and/or heard by others outside of the protected premises.
8.
“Permit term” means a twelve-month period beginning on the date of issuance
of the alarm permit and ending twelve calendar months thereafter.
CODE OF ORDINANCES, CARTER LAKE, IOWA
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9.
“Principal” means the person whose premises are protected by an alarm
system. In the event that a building having more than one tenant is protected by a
single alarm system, the term “principal” means the building owner.
168.02
ALARM SYSTEM REQUIREMENTS GENERALLY.
1.
No alarm system shall be installed, used or maintained in violation of any of
the requirements of this chapter.
2.
The holder of an alarm system permit shall be responsible for training and
retraining all employees, family members and other persons who may make regular
use of the protected premises and who may, in the normal course of their activities, be
in a position to accidentally trigger a sensor. Such training shall include procedures
and practices to avoid accidental alarms and steps to follow in the event the system is
accidentally triggered.
3.
The holder of an alarm system permit shall be responsible, at all times, for the
proper maintenance and repair of the system and for the repair or replacement of any
component, method of installment, design feature or like condition which may give
rise to a false alarm.
4.
Each alarm system shall be so programmed that each audible annunciator will
automatically silence within fifteen minutes after being activated, and will not sound
again unless a new act or circumstance triggers a sensor.
5.
No test of an alarm system incorporating an audible annunciator shall be
conducted between the hours of 8:00 p.m. of any day and 7:00 a.m. of the following
day.
6.
The application for an alarm system permit shall list the name and phone
number of three agents having access to the premises who may be notified and assist
the police in the event the alarm is activated.
168.03 PERMITS REQUIRED. It is unlawful for any person to use or operate any alarm
system without a current, valid permit therefor.
168.04 APPLICATIONS; FEE FOR PERMIT. Each application for an alarm system
permit or renewal shall be made on a form prescribed by the Clerk and shall contain the
following information:
1.
The name, address and telephone number of the principal of the protected
premises.
2.
The type of premises (home, office, variety store, etc.) and any business name
by which the premises is known.
3.
The address of the protected premises, including, if it is in a residential,
commercial or industrial complex (office building, apartment house, shopping center,
etc.) any name by which the complex is commonly known.
4.
The names, addresses and telephone numbers, including home phone
numbers, of three agents.
The fee for the permit shall be as established by resolution of the Council.
168.05 ISSUANCE OF PERMIT. Upon receipt by the Clerk of the permit application
and fee, the Police Chief or an individual designated by the Police Chief shall undertake
CODE OF ORDINANCES, CARTER LAKE, IOWA
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INTRUSION ALARMS
whatever investigation deemed necessary with respect to the permit. If it appears to the Police
Chief that the proposed system will comply with the provisions of this chapter, the Clerk shall
issue to the applicant a permit setting forth the expiration date of the permit. The City shall
not, by the issuance of any alarm system permit, be obligated to respond or accord any priority
to an alarm from such system.
168.06
TERM OF PERMIT AND RENEWAL.
1.
Alarm system permits shall be for a one-year period from and after the date of
their issuance; permits may be renewed for a consecutive additional permit term in the
same manner as original permits were obtained.
2.
An alarm system permit shall automatically terminate upon any change of
principal or protected premises. No permit shall be transferred to another principal or
protected premises. No refunds will be given on termination or suspension of any
permit for any reason.
3.
Renewal permits shall be dated on the date of issue.
168.07 INSPECTION OF ALARM SYSTEM. Prior to issuing an alarm system permit,
and at any time thereafter during the term thereof, the Police Chief may inspect any alarm
system for which a permit is required.
168.08 FALSE ALARM FEES. As a condition of any alarm system permit issued under
the provisions of this chapter, the permittee shall pay to the City within thirty (30) days of
invoice for any false alarm generated by the permittee’s alarm system a fee in an amount
established by resolution of the Council.
168.09 SUSPENSION OF PERMITS. The following shall be grounds for suspension by
the Police Chief of any permit issued pursuant to this chapter.
1.
Any false or incomplete statement made on the permit application;
2.
Failure to pay a false alarm fee within the time required by Section 168.08;
3.
Installation or use of any alarm system in violation of any requirement of this
chapter;
4.
Failure to provide current information as required in this chapter.
If the Police Chief determines that there is cause for the suspension of a permit, the Police
Chief shall mail a notice of suspension to the principal, stating that the suspension will be
effective fifteen (15) days after the date of mailing.
168.10 REINSTATEMENT AFTER SUSPENSION. Except as otherwise provided
herein, a principal whose alarm system permit has been suspended may have a permit
reinstated upon payment of a reinstatement fee in an amount established by resolution of the
Council.
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°°°°°°°°°°
CODE OF ORDINANCES, CARTER LAKE, IOWA
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TITLE VI – REGULATION OF BUSINESS AND VOCATIONS
GENERAL
CHAPTER 169
LICENSING OF TRADESMEN
169.01 License Required
169.02 Definitions
169.03 Proof of Licensure and Insurance/Bond
169.01 LICENSE REQUIRED. No tradesmen shall be entitled to perform services on
properties located within the City limits without first being licensed in their profession either
by the City of Council Bluffs, Iowa, or the City of Omaha, Nebraska. Each tradesman shall
provide proof of said licensure to the City Building Inspector of Carter Lake and shall provide
proof of insurance before any building permit may be issued to the homeowner or to the
contractor or tradesman for the work intended to be performed within the City. This chapter
applies to and covers the following trades:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Air conditioning commercial master
Air conditioning residential master / journeyman
Apprentice of the mechanical trade
Boiler master
Gas master
HARV master
HARV “C” master
HARV journeyman
Licensed mechanical journeyman
Mechanical contractor
Mechanical master
Pipefitter journeyman
Pipefitter master
Refrigeration journeyman
Refrigeration master
Registered air conditioning commercial master
Registered air conditioning residential master
Registered mechanical journeyman
Registered limited master
Registered mechanical master
Registered sheet metal master
Sheet metal journeyman
Sheet metal master
Unlimited master.
169.02 DEFINITIONS. The definitions of the trades listed above will be recognized as
the definitions used by the City of Council Bluffs, Iowa, or the City of Omaha, Nebraska, in
their licensing procedures.
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LICENSING OF TRADESMEN
169.03 PROOF OF LICENSURE AND INSURANCE/BOND. If the proposed
tradesman cannot provide the proof of licensure and insurance/bond, the Building Inspector
shall not issue a building permit for the work to be performed.
[The next page is 1051]
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