Docstoc

Davenport Alcohol Distance Requirements

Document Sample
Davenport Alcohol Distance Requirements Powered By Docstoc
					                                     City Hall, 226 West Fourth Street
                                         Davenport, Iowa 52801
                                              (563) 888-2066


PLEASE NOTE:          THIS REQUIREMENT MUST BE SATISFIED BEFORE THE LIQUOR
                      LICENSE OR OUTDOOR AREA APPLICATION CAN PROCEED TO
                      APPROVAL BY THE DAVENPORT CITY COUNCIL.


                  600 FEET FROM SCHOOLS AND
                        CHILD CARE PROVIDERS

       Effective July 1, 2008, Section 5.10.105 (A) of the Davenport Municipal Code states, “No
       application for a Class A, Class B, Class C or Class E liquor control license or a wine or
       beer permit shall be approved if the property upon which such licensed or permitted
       activity will occur is located within six hundred (600) feet, including public rights of way,
       of a state registered child development home, state licensed child care center, or public
       or private elementary or secondary school.”


New License Applications. This information generally applies to all new license applications, either on-
premises or carry-out, unless there was a comparable license at the location within the prior six months, or
the location qualifies for an exemption (see “Exemptions” on page 2). It applies also to businesses that
are increasing the size of the premises, adding an outdoor area, or upgrading a license (such as changing
to Class C Liquor from an existing Class B Beer, or changing to Class E Liquor from an existing Class C
Beer or Class B Wine).


Distance Measurements. The distance “…shall be measured by a straight line between closest point on
the parcel to be licensed…to the nearest point on the parcel... occupied by a state registered child
development home, state licensed child care center, public or private elementary or secondary school....”;
i.e., measured from lot line to lot line. [see Subsection 5.10.105(D)]


Applicant’s Verification. It is the applicant’s responsibility (not the City’s) to research the property
distances and to provide a verification statement signed by the applicant with their signature notarized.
The applicant should hire a registered surveyor; however, information from the surveyor verifies only that
a field survey was conducted to determine properties within 600 feet of the location to be licensed. It is
not the surveyor’s responsibility to research and verify that there are no state registered or licensed
child care providers or public or private elementary or secondary schools within the 600-foot distance.



                                                      1
                             600 Feet From Schools and Child Care Providers


A new license application cannot proceed without the verification statement (unless exempt). The first
form attached may be used by the applicant for this purpose if the applicant determines that their property
is more than 600 feet from a school or child care provider. (The second 600-foot affidavit form attached
pertains to the addition of an outdoor area for bars, restaurants, etc.; see “Outdoor Areas” below.) The
applicant can obtain a list of registered or licensed child care providers from the State of Iowa Department
of Human Services Website www.dhs.state.ia.us. At the home page, select “Finding Providers”, then
click “Child Care”, and click on Region 5 of the Iowa map.


Exemptions.

   a. Restaurants, Hotels, Clubs and Pharmacies. “…hotels offering restaurant service, formally
      organized clubs operated solely for objects of national or state-wide social, patriotic, benevolent
      or similar purposes, pharmacies, or restaurants where the sale of alcoholic beverages is not the
      principal business carried on….” The volume of food sales for restaurants “not including the
      sale of alcoholic beverages, tobacco sales and non-food product sales--shall not be less than fifty
      percent (50%) of the total dollar volume of all sales….” [see Section 5.10.105(B)]

       Facilities licensed as bed and breakfast are not exempt.

   b. Grocery Stores and Supermarkets. “A grocery store or supermarket shall be generally defined as
      a business that offers for sale a wide variety of goods including food, drinks, pharmaceuticals,
      health care and hygienic products, and other household products…. …supermarket customers
      frequently shop by putting their product selections into a shopping cart.” [see Subsection
      5.10.105(C)];

       Convenience stores are not exempt. “A convenience store, which is subject to the distance
       limitation…, is…a smaller store or shop, …can take the form of a gas station supplementing its
       income with retail goods or a retail store that has added gas to the list of goods it has to offer….”
       [see Subsection 5.10.105(C)]

   c. Temporary On-Premises Licenses. Temporary on-premises licenses are exempt from this
      requirement [see Section 5.10.102(G)].

To qualify for an exemption as listed in a or b above, if you own a business at another location which is
operated similarly to the proposed new business, you may submit a verified statement described in the
following paragraph. If the exemption is granted, revenue documentation may be required in the future if
your exempt status is audited by the City.

The verified statement must include “…total dollar volume of all sales which also shows as separate line
items total dollar sales figures for food, alcoholic beverages, tobacco sales and non-food product sales
for the six months immediately preceding the application….” Or, the verification can be in the form of
“…an affidavit by the business’s certified public accountant or chief financial officer stating the gross
income breakdown, or a copy of the business’s state income tax form showing the income breakdown….”
A statement as to how the business operation will or is proposed to operate or its estimated income
projections is not sufficient or adequate to overcome the presumption.” [see Subsection 5.10.105(B)]


                                                     2
Outdoor Areas. An application to add a permanent outdoor area to an existing license must satisfy the
600-foot distance requirement. Temporary outdoor areas are exempt.

   a. If the outdoor area is more than 600 feet from a child care provider or school, please sign and
      submit the attached affidavit;

   or

   b. If the outdoor area is less than 600 feet from a child care provider or school, your outdoor area
      must be “enclosed within a visual barrier, screening or privacy fencing, which shall be at least
      six feet in height on all sides of the service area that are visible…and of a sufficient
      construction to prevent the viewing of activities within the outdoor service area from the state
      registered child development home, state licensed child care center, or school.” [Davenport
      Municipal Code Section 5.10.105(E), revisions effective July 1, 2008]. Please sign and submit the
      attached affidavit regarding compliance with outdoor area requirements.




                                                                          I.Mustapha/Admin/02-04-2013

                                                   3
THIS PAGE INTENTIONALLY LEFT BLANK




                4
      Applicant’s Verification of 600-Foot Separation From Schools and Child Care Providers


Subsection 5.10.105(D) states that the distance “…shall be measured by a straight line between closest
point on the parcel to be licensed…to the nearest point on the parcel... occupied by a state registered
child development home, state licensed child care center, public or private elementary or secondary
school....”


Name of Business:              ________________________________________
Address of Business:           ________________________________________
Name of Owner:                 ________________________________________


       I hereby certify, as owner of the above named business, that there is no state
       registered child development home, state licensed child care center, or public or
       private elementary or secondary school within 600 feet of my business, in
       compliance with Davenport Municipal Code Subsections 5.10.105(A) and (D).


                  Dated this             day of                                         , _______________.




                                                                              _____
                                                     Signature of Applicant

                                                                                    _______
                                                        Printed Name of Applicant



State of   _____________________
County of _____________________


Signed and affirmed before me on _______________               _________, ___________ by

_________________       __________________.


                                                    ___________________________________
                                                     Notary Public

(Notary Seal)


                                                                  I.Mustapha/Admin/08-09-2011
                                                    5
THIS PAGE INTENTIONALLY LEFT BLANK




                6
                Applicant’s Agreement to Comply with Outdoor Area Requirements


Subsection 5.10.105(E) states that, if the outdoor area is less than 600 feet from a child care provider or
school, the outdoor area must be “enclosed within a visual barrier, screening or privacy fencing, which
shall be at least six feet in height on all sides of the service area that are visible…and of a sufficient
construction to prevent the viewing of activities within the outdoor service area from the state
registered child development home, state licensed child care center, or school.”


Name of Business:              ________________________________________
Address of Business:           ________________________________________
Name of Owner:                 ________________________________________


       The undersigned, as owner or one of the owners of the above named business,
       has determined that a state registered child development home, state licensed
       child care center, or public or private elementary or secondary school is located
       within 600 feet of my business. I hereby certify that I will enclose the outdoor
       area of my business in compliance with Davenport Municipal Code Section
       5.10.105(E) as cited above.


                  Dated this              day of                                       , _______________.


                                                                               _____
                                                      Signature of Applicant

                                                                                     _______
                                                         Printed Name of Applicant

State of   _____________________
County of _____________________


Signed and affirmed before me on _______________                _________, ___________ by

_________________        __________________.


                                                     ___________________________________
                                                      Notary Public

(Notary Seal)
                                                                   I.Mustapha/Admin/08-22-2011
                                                     7

				
DOCUMENT INFO
Categories:
Tags:
Stats:
views:2
posted:9/18/2013
language:Unknown
pages:7
PermitDocsPrivate PermitDocsPrivate http://
About