ORDINANCE NO. 297
AN ORDINANCE CREATING SECTION 120.06 “RAGBRAI
REGULATIONS / PERMITS”, WITHIN CHAPTER 120 OF THE CODE OF
ORDINANCES OF THE CITY OF HAMPTON, IOWA, ESTABLISHING
REGULATIONS AND A PERMIT STRUCTURE FOR RAGBRAI’S VISIT TO
HAMPTON – JULY 24-25, 2007.
BE
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAMPTON, IOWA:
Section
1. PURPOSE
This ordinance is created and enacted to help city officials
and citizens deal with the public health and safety problems
created by the infusion of a large number of people into the
City of Hampton when the Des Moines Register's Annual Great
Bicycle Ride Across Iowa™ (RAGBRAI®) arrives in the City of
Hampton on Tuesday, July 24, 2007, and departs on Wednesday,
July 25, 2007. It is estimated that the City of Hampton’s population of
4218, will have an additional 20,000 – 28,000 visitors for a
potential total of 30,000 people in Hampton. The arrival of
these additional visiting guests in Hampton will cause public
safety logistics and health related challenges. The purpose
of this ordinance is to address some of those public safety
logistics and health related challenges.
Section
2.
Section
120.06, Chapter 120, "RAGBRAI REGULATIONS / PERMITS" is hereby
created by adding the following new sections:
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
SECTION 120.06 RAGBRAI REGULATIONS / PERMITS
120.06(1)
RAGBRAI Food
Vendor
120.06(2)
RAGBRAI
Food
Vendor Permit Fees
120.06(3)
RAGBRAI Street Vendor
120.06(4)
RAGBRAI Street Vendor Permit Fees
120.06(5) Temporary Stands
120.06(6A)
Tuesday Permits
120.06(6B)
Wednesday Permits
120.06(7) Curfew
120.06(8)
Clean Up
120.06(9) Exceptions
120.06(10)
Proof of
Liability Insurance
120.06(11)
Glass
Containers
120.06(12)
Restriction Regarding Any Iowa Alcoholic Beverages Division
Licensing
120.06(12A)
One License
120.06(12B)
Beer Garden Defined
120.06(12C)
Tuesday Food Vendor Permit Required
120.06(12D)
Appeal – Fee to be Assessed to Cover Costs
120.06(13)
Nuisance
120.06(14)
Penalties
120.06(15)
Street
Closings
120.06(16)
Repealed
120.06(1) RAGBRAI
FOOD VENDOR. No person, group, club, organization,
corporation or entity of any kind shall provide or sell
food/beverages to the public in Hampton on July 24 - 25, 2007,
unless the person has first obtained a RAGBRAI Food Vendor’s
Permit from the City of Hampton through the Hampton RAGBRAI
Food Vendor Committee, via the Hampton Area Chamber of
Commerce Office at Center 1 located at 5 1st Street
SW, Hampton.
120.06(2)
RAGBRAI FOOD
VENDOR PERMIT FEES. The fee for a RAGBRAI Food Vendor’s
Permit shall be $150 (local non-profit)/$300 (local for
profit)/$500 (non-local) for a maximum booth size of 12’ wide
and 16’ deep if the permit is obtained on or before May 21,
2007 and $600 if the RAGBRAI Food Vendor’s Permit is obtained
after May 21, 2007 and on or before July 24, 2007. No RAGBRAI
Food Vendor Permits shall be issued after July 24, 2007.
The RAGBRAI Food Vendor Permit shall be granted on condition
that the RAGBRAI Food Vendor locate their sale stand at a
location to be determined by the Hampton RAGBRAI Food Vendor
Committee; and, all RAGBRAI food vendors must show proof of
liability insurance. All RAGBRAI food vendors shall comply
with the Iowa Department of Health Rules and Regulations
governing the sale of food for consumption on the premises and
with Iowa Department of Revenue Rules and Regulations
governing sales.
120.06(3)
RAGBRAI
STREET VENDOR. No person, group, club, organization,
corporation or entity of any kind shall sell
merchandise/entertainment to the public in Hampton on July 24-
25, 2007, unless the person has first obtained a RAGBRAI
Street Vendor’s Permit from the City of Hampton through the
Hampton RAGBRAI Non-Food Committee, via the Hampton Area
Chamber of Commerce Office at Center 1 located at 5 1st
Street SW, Hampton.
120.06(4)
RAGBRAI
STREET VENDOR PERMIT FEES. The fee for a RAGBRAI Street
Vendor’s Permit shall be $150(local non-profit)/$300 (local
for profit)/$500 (non-local) if the permit is obtained on or
before May 21, 2007 and $600 if the Street Vendor’s Permit is
obtained after May 21, 2007 and on or before July 24, 2007. No
RAGBRAI Street Vendor Permits shall be issued after July 24,
2007.
The RAGBRAI Street Vendor Permit shall be granted on
condition that the RAGBRAI Street Vendor locate their sale
stand at a location to be determined by the Hampton RAGBRAI
Street Vendor Committee; and, all RAGBRAI Street Vendors must
show proof of liability insurance. All street vendors shall
comply with the Iowa Department of Revenue Rules and
Regulations governing the sale of merchandise.
120.06(5)
TEMPORARY
STANDS. Temporary stands for the sale of food or other
merchandise shall be permitted at locations designated by the
City of Hampton through the Hampton RAGBRAI Committee, via the
Hampton Area Chamber of Commerce Office at Center 1 located at
5 1st Street SW, Hampton.
120.06(6A
TUESDAY
PERMITS are only valid between 7:30 a.m. on July 24, 2007 and
12:00 a.m. on July 25, 2006. All sales authorized under a
Tuesday permit shall cease at 11:59 p.m. on July 24, 2007.
All Tuesday permit holders may only sell / provide food,
drink, entertainment and merchandise, appropriate to the
permit they hold, to RAGBRAI riders between 9:30 a.m. and
11:59 p.m. on July 24, 2007.
120.06(6B)
WEDNESDAY
PERMITS are only valid between 7:00 p.m. on July 24, 2007 and
12:00 p.m. on July 25, 2007. All sales authorized under a
Wednesday permit shall cease at 11:00 a.m. on July 25, 2007.
All Wednesday permit holders may only sell / provide food,
drink, entertainment and merchandise, appropriate to the
permit they hold, to RAGBRAI riders between 4:30 a.m. on July
25, 2007and 11:00 a.m. on July 25, 2007.
120.06(7)
CURFEW. All
RAGBRAI vendor permits are only valid for a specific
timeframe. There are two dates for permits: a Tuesday (7/24)
permit and a Wednesday (7/25) permit.
120.06(8)
CLEAN UP.
All RAGBRAI vendor permit holders are responsible to leave
their assigned areas in good order, all trash, garbage, and
associated items are to be picked up and removed at the time
of departure, but no later than 12:00 p.m. on July 25, 2007.
For Tuesday permits, an earlier date and time can be stated to
allow for a smooth transition between a Tuesday permit holder
and a Wednesday permit holder.
120.06(9)
EXCEPTION.
No RAGBRAI Vendor Permit, of any kind, shall be required for a
person to sell or supply food/beverages or
merchandise/entertainment in Hampton on July 24-25, 2007, on
their licensed premises providing that the person was in
possession of current applicable State, County, and City
Permits for their activity on their premises as of July 1,
2007.
120.06(10)
PROOF OF
LIABILITY INSURANCE.
(A)
Certificate
of Insurance issued by an insurance company licensed to do
business in the State of Iowa, providing comprehensive or
commercial liability insurance with a minimum of $500,000
combined single limit coverage for the injury or death of any
person, for the damage to property of others and for acts of
negligence by the RAGBRAI permit holder, permit holder’s
agent(s), or employees, while participating in market
activities. Said Certificate shall require notice to the
City, in conformity with general city standards for
Certificates of Insurance, in the event the underlying policy
of insurance is canceled for any reason. Termination of
insurance coverage, as required by this section, shall
immediately revoke RAGBRAI permit holder’s, permit holder’s
agent’s, or employees’ right to operate under this ordinance
(B)
Certificates
or copies of said policies, naming the City of Hampton and the
Hampton RAGBRAI Committee, and the Hampton Area Chamber of
Commerce as additional insureds, and providing for fifteen
(15) days' notice to the City of Hampton and the Hampton
RAGBRAI Committee, and the Hampton Area Chamber of Commerce
before cancellation shall be delivered to the City of Hampton
and the Hampton RAGBRAI Committee, and the Hampton Area
Chamber of Commerce and if replacement insurance is not found
prior to the event date, the permit is null and void.
(C)
Nonwaiver of Government Immunity. The insurance carrier
expressly agrees and states that the purchase of this policy
and that including the City of Hampton and the Hampton Area
Chamber of Commerce as Additional Insured does not waive any
of the defenses of governmental immunity available to the City
of Hampton, Iowa under Code of Iowa § 670.4 as it now exists
and as it may be amended from time to time.
(D)
Claims
Coverage. The insurance carrier further agrees that this
policy of insurance shall cover only those claims not subject
to the defense of government immunity under the Code of Iowa §
670.4 as it now exists and as it may be amended from time to
time. Those claims not subject to Code of Iowa § 670.4 shall
be covered by the terms and conditions of this insurance
policy.
(E)
Assertion of Government Immunity. The City of Hampton, Iowa
shall be responsible for asserting any defense of governmental
immunity, and may do so at any time and shall do so upon the
timely written request of the insurance carrier.
(F)
Non-Denial of Coverage. The insurance carrier shall not deny
coverage under this policy and the insurance carrier shall not
deny any of the rights and benefits accruing to the City of
Hampton, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction
has ruled in favor of the defense(s) of governmental immunity
asserted by the City of Hampton, Iowa.
(G)
No Other
Change in Policy. The insurance carrier and the City of
Hampton agree that the above preservation of governmental
immunities shall not otherwise change or alter the coverage
available under the policy.
120.06(11)
GLASS
CONTAINERS. To promote safety during RAGBRAI, all beverages
sold in the City of Hampton, by permit holders, shall be sold
in non-glass containers only. This requirement shall also
apply to any existing business, restaurant, service station,
grocery store or other establishment selling beverages on its
premises in an outdoor setting open to the public from 7:30
a.m. on July 24, 2007 through 12:00 p.m. on July 25, 2007.
120.06(12)
RESTRICTION
Regarding Any Iowa
Alcoholic Beverages Division Licensing.
(A)
ONE LICENSE
To promote the public health, safety and welfare during
RAGBRAI, as discussed in the purposes section of this
ordinance, the Hampton City Council deems it is in the best
interest of this City that between the hours of 7:30 a.m. on
July 24, 2007 through 12:00 p.m. on July 25, 2007 there shall
be allowed one and only one beverage garden in the City of
Hampton to be operated by the local RAGBRAI Beverage Garden
Committee.
(B)
BEVERAGE
GARDEN DEFINED For purposes of this section a “beverage
garden” is defined as an area established that either solely,
or in addition to other activity, serves alcohol, beer and or
wine, that was not already in existence and an already Iowa
Alcoholic Beverages Division licensed as of April 17, 2007.
It is not the intent of this section to prohibit existing
outdoor service areas, but to ensure only one “beverage
garden” is licensed given the public health, safety and
welfare concerns stated above, the increase in population and
limited resources to address concerns.
(C)
TUESDAY FOOD
VENDOR PERMIT REQUIRED The beverage garden license holder
shall also obtain a Tuesday Food Vendor Permit and the
alcoholic beverages license granted by the City of Hampton
shall only allow for the sale of alcoholic beverages
commencing on Tuesday, July 24, 2007, from 2:00 p.m. and no
sales shall occur after 11:59 p.m. on Tuesday, July 24, 2007.
(D)
APPEAL – FEE
TO BE ASSESSED TO COVER COSTS Should any license application
be denied by the City of Hampton under this section, and said
license applicant appeals to the Iowa Alcoholic Beverages
Division for a license and wins their appeal and receives a
license, then, prior to being allowed to operate, the
appropriate City staff shall determine the added costs
(personnel, equipment, overtime, mutual aid, etcetera) to the
City of Hampton and the Community of Hampton to ensure the
public health welfare and public safety will be maintained and
said cost shall be added onto the Tuesday Food Vendor Permit
that the appealed licensee holder shall obtain. Said Cost
shall include a 10% overage to cover any cost overrun. Any
amount of the overage that was not actually needed shall be
refunded to the appealed license holder by July 31, 2007.
120.06(13)
NUISANCE.
The sale of food/beverages or the location of a temporary
stand for the sale of food/beverages or
merchandise/entertainment outdoors without necessary permits
or in violation of any of the provisions of the Ordinances of
the City of Hampton is hereby declared to be a nuisance. The
City of Hampton Police Department is hereby empowered to cause
any offending stand or temporary stand or outdoor
entertainment or place to be closed, dismantled and removed
without prior notice.
120.06(14)
PENALTIES. A
violation of any of the provisions of Section 120.06 Chapter
120, RAGBRAI Regulations/Permits, shall be a municipal
infraction, as set forth in Hampton Municipal Code Chapter 4,
except that the fines imposed shall be according to the
following schedule of penalties:
1st Offense fine of
$650
2nd Offense fine of
not less than $650 nor more than $750
3rd and subsequent Offense fines of $750.
A court
appearance SHALL be required for ALL offense violations. The
fines shall be in addition to any other remedies as allowed
under the Iowa State Code regarding municipal infractions,
including, but not limited to requiring the violator to pay
for appropriate permits and costs, should that be an issue.
120.06(15)
STREET
CLOSINGS. Beginning Monday, July 23, 2007 at 10:00 p.m. and
ending at Wednesday, July 25, 2007 at 2:00 p.m., and without
prior Council approval regarding the blocking of any city
streets, the Hampton Police Chief, or designee, may direct the
placement of barricades or road blocks in any City of Hampton
street, alley or roadway to redirect vehicular traffic in
order to enhance the proper and safe flow of bicycle and
vehicular traffic within the city limits of the City of
Hampton.
120.06(16)
REPEALED.
Article 120.06(15) is repealed effective July 27, 2007, unless
otherwise extended.
Section
3. Repealer Clause.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section
4. Severability Clause.
If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall
not affect the validity of the ordinance as a whole or any
section, provision or part thereof not adjudged invalid or
unconstitutional.
Section
5. Effective. This ordinance shall be effective from and after the
final passage, approval and publication as provided by law.
Section
6. Sunset Clause.
This ordinance is repealed on July 31, 2007. Any violations
that have not yet been adjudicated may still be litigated.
PASSED this _____ day of ____________________, 2007
APPROVED this _____ day of ____________________, 2007.
SEAL)
__________________________________
Diane Weldin, Mayor
ATTEST:
__________________________________
Ron Dunt, Hampton City Manager
First
Consideration: March 13, 2007
Second Consideration:
March 27, 2007
Third
Consideration: Waived March 27, 2007
I certify
that the foregoing was published as Ordinance No. 297 on the
4th. day of April, 2007.
____________________________________________
Ron Dunt, Hampton City
Manager
Approved As To Form:
__________________________________
Michael Cross, Hampton City Attorney
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