Page 34 - Des Moines - Zoning, Planning and Design Ch 134, 135
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134-3. USeS DRAFT
Other Use Category
and adjoining public areas on a daily basis. owner or operator or the restaurant demonstrate
5. The conditional use approval is subject to within 45 days that during the prior 6 months at
amendment or revocation if the operation of least 50% of its gross receipts were derived from the
the business becomes a nuisance or exhibits sale of prepared food and food-related services. In
a pattern of violating the conditions of the such event it shall be presumed that less than 50%
conditional use approval. of the restaurant’s gross receipts are derived from
the sale of prepared food and food-related services,
6. If the zoning enforcement officer determines at which presumption may be overcome by the
any time that the operation of such a business business timely furnishing a statement prepared and
exhibits a pattern of violating the conditions verified by a certified public accountant identifying
of the conditional use approval, the zoning the total dollar volume of all receipts, and separately
enforcement officer may apply to the board identifying the total dollar volume of gross receipts
of adjustment to reconsider conditional use derived from the sale of alcoholic beverages, and
approval for such business. A copy of such from the sale of prepared food and food-related
application and notice of the hearing before services exclusive of alcoholic beverages and
the board on such application shall be provided tobacco products, from the business premises in the
to the owner of such business at least 30 days preceding months.
in advance and shall also be provided to all
owners of record of property within 250 feet of F. Upon reasonable suspicion that any tobacco store
the subject property. If the board of adjustment derives more than 25% of its gross receipts from
finds that the operation of such business sales from the sale of alcoholic liquor, wine or beer,
exhibits a pattern of violating the conditions of the zoning enforcement officer may require that
the conditional use, the board shall have the the owner or operator of the business demonstrate
authority to amend or revoke the conditional use within 45 days that during the prior 6 months no
approval. more than 25% of the gross receipts from sales
were derived from the sale of alcoholic liquor, wine
D. Upon reasonable suspicion that any gas station/ or beer. In such event it shall be presumed more
convenience store, food sales establishment or retail than 25% of its gross receipts from sales are derived
sales establishment derives more than 40% of its from the sale of alcoholic liquor, wine or beer, which
gross receipts from sales, from the sale of alcoholic presumption may be overcome by the business
liquor, wine, beer or tobacco products, the zoning timely furnishing a statement prepared and verified
enforcement officer may require that the owner or by a certified public accountant identifying the total
operator of the business demonstrate within 45 dollar volume of all sales, and separately identifying
days that during the prior 6 months no more than the total dollar volume of sales derived from the
40% of its gross receipts from sales are derived from sale of alcoholic beverages, from the sale of tobacco
the sale of alcoholic liquor, wine, beer or tobacco products, and from the sale of all other merchandise
products. In such event it shall be presumed that and food exclusive of alcoholic beverages and
more than 40% of the gross receipts from sales tobacco products, from the business premises in the
are derived from the sale of alcoholic liquor, wine, preceding 6 months.
beer or tobacco products, which presumption may
be overcome by the business timely furnishing a G. All gas stations/convenience stores, food sales
statement prepared and verified by a certified public establishments, retail sales establishments, tobacco
accountant identifying the total dollar volume of stores and restaurants that have not continuously
all sales, and separately identifying the total dollar held an alcoholic liquor license or a beer or wine
volume of sales derived from the sale of alcoholic permit since July 1, 2012, shall comply with the
beverages, from the sale of tobacco products, requirements of paragraphs A., B., C., D., E., and F. of
and from the sale of all other merchandise and this subsection. Any gas station/convenience store,
food exclusive of alcoholic beverages and tobacco food sales establishment, retail sales establishment,
products, from the business premises in the tobacco store or restaurant which has continuously
preceding 6 months. held an alcoholic liquor license or a wine or
beer permit since July 1, 2012, shall comply with
e. Upon reasonable suspicion that any restaurant does paragraphs A., B., C., D., E., and F. of this subsection,
not derive at least 50% of its gross receipts from exclusive of any changed separation requirements,
the sale of prepared food and food-related services, commencing on December 31, 2013, and prior to
the zoning enforcement officer may require that the that date shall continue to be subject to the general
134-3-18 DRAFT AUgUST 3, 2017
