ORDINANCE NO. 38
RAGBRAI ORDINANCE - MISCELLANEOUS PERMITS
38.01 Purpose 38.10 Glass Containers
38.02 New Ordinance 38.11 Nuisance
38.03 Definitions 38.12 Violations - Penalties
38.04 Food Vendor- Permit Required 38.13 Effective Period
38.05 Food Vendor Fees 38.14 Street Closings
38.06 Food Vendor Location 38.15 Repealer
38.07 Non-Food Vendor- Permit Required 38.16 Severability
38.08 Non-Food Vendor Fees 38.17 Effective Date
38.09 Non-Food Vendor Location 38.18 Sunset Clause
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF WRIGHT COUNTY, IOWA:
38.01. Purpose. This ordinance is enacted to help county officials and citizens deal with the public health and safety problems created by the infusion of a large number of people into Wright County when the Des Moines Register’s Annual Great Bicycle Ride across Iowa (RAGBRAI) arrives on July 24, 2007.
38.02. New Ordinance. That the Code of Ordinances of Wright County, Iowa, be and the same is hereby amended by adding this Ordinance, to be entitled “RAGBRAI Ordinance – Miscellaneous Permits.” Because of the temporary nature of this Ordinance, it shall not be printed as part of the permanent Code of Ordinances.
38.03. Definitions.
A. As used herein, “food” shall include food products of all kinds including food packaged for consumption off premises as well as meals prepared for consumption either on or off premises. Food shall also include beverages of every kind, including both alcoholic and non-alcoholic, except for water provided without cost to the consumer.
B. As used herein, “vendor” shall include any individual person, club, group, organization, partnership, corporation or entity of any kind that sells or distributes food, beverages, services, or any other merchandise to the public.
C. As used herein, “Wright County” shall refer to the unincorporated area of the county.
38.04. Food Vendor-Permit Required.
A. No vendor shall sell food or beverages to the public anywhere in Wright County on July 24, 2007, unless said vendor first obtains a Food Vendor Permit from one of the following designated organizations: “Bike2Clarion” RAGBRAI Committee at the Clarion City Hall, Belmond Chamber of Commerce, or Eagle Grove Chamber of Commerce.
B. Any vendor applying for a permit shall be required to show proof of adequate insurance and possession of all necessary licenses and permits. Food and beverage vendors must comply with all laws, rules and regulations promulgated by the Iowa Department of Health relating to and governing the sale and dispensing of food and beverages for consumption.
38.05. Food Vendor Fees.
There shall not be a fee for a Wright County Food Vendor Permit for any vendor who is a resident of Wright County or a resident of one of the school districts that include Wright County. The fee for a Wright County Food Vendor Permit for all other vendors shall be five hundred dollars ($500). All fees imposed pursuant to this section shall be the property of Wright County for use in covering the costs incurred by the County in hosting RAGBRAI within Wright County on July 24, 2007.
38.06. Food Vendor Location.
A vendor who has been granted a Wright County Food Vendor permit shall not locate its temporary sale facility in the road right of way.
38.07. Non-Food Vendor–Permit Required.
No vendor in Wright County shall sell merchandise to the public on July 24, 2007, at a location other than their regularly established place of business unless said vendor has first obtained a Non-Food Vendor Permit from one of the following designated organizations: “Bike2Clarion” RAGBRAI Committee at the Clarion City Hall, Belmond Chamber of Commerce, or Eagle Grove Chamber of Commerce.
38.08. Non-Food Vendor Fees.
There shall not be a fee for a Wright County Non-Food Vendor Permit for any vendor who is a resident of Wright County or a resident of one of the school districts that include Wright County. The fee for a Wright County Non-Food Vendor Permit for all other vendors shall be five hundred dollars ($500). All fees imposed pursuant to this section shall be the property of Wright County for use in covering the costs incurred by the County in hosting RAGBRAI within Wright County on July 24, 2007.
38.09. Non-Food Vendor Location.
A non-food vendor who has been granted a Wright County Non-Food Vendor Permit shall not locate its temporary facility in the road right of way.
38.10. Glass Containers.
To promote public safety during RAGBRAI, all beverages sold in Wright County, Iowa, by any business, food vendor permittee, restaurant, service station, convenience store, grocery store or other establishment from 5:00 a.m. on July 24, 2007 until 5:00 p.m. on July 24, 2007, shall be sold in non-glass containers only. An exception to this prohibition is the sale of beverages in glass containers of any size at bars or restaurants.
38.11. Nuisance.
The sale of food or the erection of a temporary facility for the sale of food or other merchandise without a Wright Food Vendor or Wright Non-Food Vendor Permit on July 24, 2007, in violation of the provisions of this Chapter is hereby declared to be a nuisance. If a nuisance is determined to exist, an emergency abatement procedure pursuant to Section 331.384 of the Code of Iowa is hereby authorized and may be executed by any peace officer or those acting at their direction by dismantling and removing the nuisance without notice. However, if the only nuisance or violation of this Ordinance is the offender’s failure to obtain the necessary permit, one of the organizations designated to approve permits may allow the offender to immediately get a necessary permit as provided in this Ordinance, in lieu of immediate abatement.
38.12. Violations – Penalties.
Selling or supplying food or merchandise to any person without a Wright County Food Vendor or a Wright County Non-Food Vendor Permit on July 24, 2007, or any violation of this chapter shall be a simple misdemeanor punishable by a maximum fine of $500.00 and/or a maximum of thirty (30) days in jail.
38.13. Effective Period.
The provisions of this ordinance shall be effective from 5:00 a.m. (local time) on July 24, 2007, until 5:00 p.m. (local time) on July 24, 2007.
38.14. Street Closings.
During the effective dates of this ordinance and without prior Board approval regarding the blocking of any county streets, any Wright County Sheriff's Deputy, or any person under the direction of the Sheriff’s Office, may place barricades or road blocks in any county street, alley, or roadway to redirect vehicular traffic in order to enhance the proper and safe flow of bicycle and vehicular traffic within the county limits of Wright County.
38.15. Repealer. All previous ordinances or parts of previous ordinances in conflict with the provisions of this ordinance are hereby repealed.
38.16. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section thereof, or part thereof, not adjudged invalid or unconstitutional.
38.17. Effective Date. This ordinance shall be in full force and effect upon its final passage, approval and publication as required by law.
38.18. Sunset Clause. This ordinance is repealed on July 31, 2007. Any violations of this ordinance that have not yet been adjudicated may still be litigated.
Passed and approved by the Wright County Board of Supervisors on this ______day of June, 2007.
______
Stan Watne, Chair
Board of Supervisors
Attest:
______
Betty Ellis, Wright County Auditor
First Reading: ______
Second Reading: ______
Third Reading: ______