If you’re a current subscriber, log in below. If you would like to subscribe, please click the subscribe tab above.
Username and Password Help
Please enter your email and we will send your username and password to you.
As negotiations continue for the sale of the city-owned parking lot to Hy-Vee, thus opening the door for the moving of the grocery store to the former Shopko location, one question remains unanswered: What business might locate in the old Hy-Vee building?
In partial answer to that question, Hy-Vee has filed a Declaration of Use Restrictions with the State of Iowa that provides a lengthy list of what CANNOT open in the old facility.
A summary of prohibited businesses includes:
a) the sale of (i) edible perishable products, including, but not limited to fruits, vegetables, meat and seafood; (ii) pre-packaged food and/or pre-packaged beverages would be allowed so long as the sale of such products does not exceed one percent (1%) of the gross sales of such business; (iii) and the sale of alcoholic beverages for off premises consumption and/or (iv) prescription and/or over-the-counter pharmaceuticals.
NOTE: A sit-down restaurant would be allowed under terms of the declaration.
b) a grocery store, supermarket, or specialty food store.
c) a pharmacy and/or drug store;
d) a retail store marketed as any form of “dollar store”;
e) a retail and/or club and/or wholesale store that sells non-food merchandise that includes a grocery section or department;
f) a convenience store (with or without gas) and/or gasoline station;
g) a retail store marketed as any type of bakery or bakery outlet;
h) any lockers, lock-boxes, or other type of storage system that is used to recceive or store merchandise from a catalog or online retailer;
i) the fulfillment, receiving, storage or distribution of merchandise from a catalog or online sales;
j) manufacturing use, industrial use, warehouse, wholesale or distribution facility;
• coin operated laundry facility; dry cleaning plant (however, a dry cleaning drop-off only location is not prohibited); pornographic or “triple-x” video or adult book store; bowling alley; billiard parlor; health club; skating rink; dance hall; movie theater; flea market; banquet hall; funeral parlor; off-track betting establishment; tattoo parlor; craft or antique store; night club or any other business serving alcoholic beverages (except only as an incidental part of the operation of a sit-down restaurant);
• the use of the parking lot, storm water detention facility, green-space and other features of the old facility by any adjacent property that is used for any of the restricted uses.
Should a future business in the old facility violate any of the restrictions listed above, Hy-Vee has stated this penalty: the greater of (a) thirty percent (30%) of the gross sales generated by the business or (b) Two Thousand Dollars and NO/100 ($2,000.00) per day.
While the restrictions will last in perpetuity, Hy-Vee reserves the right to terminate any of the listed restrictions at any time by amending the declaration.