Additional Requirements for Class E Liquor Carry Out Licenses

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Additional Requirements for Class E Liquor Carry Out Licenses

Davenport Municipal Code Section 5.10.106, “Carry-Out Only Liquor Additional Requirements” (Ordinance 2011-541, effective January 10, 2012), the following additional requirements must be met by Class E Liquor licensees throughout the entire licensing term.

The licensee must:

  1. keep all liquor in a location that, while visible, is behind a counter accessible only to employees; or employ an electronic security cap or tag system; or have more than one employee on duty at all times the licensed premises is open;
  2. maintain a video surveillance system with coverage in accordance with reasonable business judgment that records in a format that is viewable by the police department (licensee may require a subpoena prior allowing access);
  3. perform a Crime Prevention Through Environmental Design (“CPTED”) analysis of the location with the police department;
  4. institute a strict no loitering policy and cooperate with police in addressing loitering on the premises;
  5. have no more than thirty-five percent of the store’s interior display area (measured in cubic feet) dedicated to beer, wine, or liquor;
  6. not have any public pay phones on the property unless otherwise required by existing contractual obligation as of October 1, 2011 or state or federal law;
  7. keep the premises free from litter and debris related to the store’s business;
  8. provide 24-hour contact information for a manager or owner to the police department and the owners of the immediate neighboring properties and provide, upon request at the store by the public, the contact information of the manager or owner; and
  9. be a store of at least 1,000 square feet in size. For new licensed premises a notice shall be sent by the city to all property owners within 200 feet of the proposed location informing them of the pending application and the approval process.  A “new” licensed premises is any location that has not had a current carryout only liquor license for a period of six months.  “Liquor”, “Beer” and “Wine” are defined in Iowa Code §123.3.

For the purposes of this section licensees affiliated or associated with or under the management and supervision of a grocery store may use the affiliated, associated or supervising grocery store’s display area and employee headcount when determining compliance with the above criteria even if there is physical separation between the licensed premises and the grocery store.