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Alchohol Offense FineTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Alcohol Offense Fines DATE: August 28, 2008 Dubuque Assistant City Attorney Crenna Brumwell is recommending the City Code designating fines for alcohol violations be amended to automatically match the fine schedule designated by the State. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 MEMORANDUM CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: August 21, 2008 RE: Alcohol Offense Fines The Iowa Code provision regarding the fines for alcohol violations has been updated since the last revision of the City of Dubuque Code of Ordinances. The City Code imposes a fine of $100.00 while the State Code imposes a fine of $200.00. As the City cannot be less restrictive than the Iowa Code, I wanted to bring the change to your attention as it warrants modification of the relevant City ordinances. The proposed amendment refers to the Iowa Code provision which governs alcohol violation fines. This will allow for automatic adjustment of the fine written under the City. Code as the state legislature makes modifications, therefore eliminating the need for future revisions to these sections. cc: Kim Wadding, Chief of Police Kevin Firnstahl, Assistant City Clerk OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Prepared by: Crenna M, Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 56 -08 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 5-7 PERSONS UNDER LEGAL AGE TO REFERENCE THE IOWA CODE FINE PROVISION, SECTION 5-7.1 PERSONS UNDER LEGAL AGE PROHIBITED FROM ATTEMPTING TO PURCHASE OR OTHERWISE OBTAIN ALCOHOLIC BEVERAGES AND FROM MISREPRESENTING THE PERSON'S AGE BY MODIFYING REQUIRED SIGN LANGUAGE, AND SECTION 5-7.2 PERSONS UNDER LEGAL AGE PROHIBITED FROM PREMISES WHERE ALCOHOLIC BEVERAGE IS SOLD OR DISPENSED BY MODIFYING REQUIRED SIGN LANGUAGE. Section 1. City of Dubuque Code of Ordinances § 5-7 is amended to read as follows: Sec. 5-7. Persons Under Legal Age: (b) A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine or beer, or possessing or having control of alcoholic liquor, wine or beer commits a simple misdemeanor punishable by a scheduled fine as established pursuant to Iowa Code Section 805.8c. Section 2. City of Dubuque Code of Ordinances § 5-7.1 is amended to read as follows: Sec. 5-7.1. Persons Under Legal Age Prohibited From Attempting To Purchase Or Otherwise Obtain Alcoholic Beverages, And From Misrepresenting The Person's Age: NOTICE TO PERSONS UNDER LEGAL AGE You are subject to a fine for attempting to purchase or otherwise obtain alcoholic liquor, wine or beer or for misrepresenting your age for the purpose of purchasing alcoholic liquor, wine or beer. Section 3. City of Dubuque Code of Ordinances § 5-7.2 is amended to read as follows: Sec. 5-7.2. Persons Under Legal Age Prohibited From Premises Where Alcoholic Beverage Is Sold Or Dispensed: NOTICE TO PERSONS UNDER LEGAL AGE You are subject to a fine for being on these premises between the hours of 9:00 p.m. and closing unless you are employed by the owner or are accompanied by a parent, guardian or spouse who is of legal age. Section 4. This Ordinance shall take effect on publication. Passed, approved and adopted the 2nd day of September, 2008. Roy D. Boul, Mayor Attest: Jeanne F. Schneider, City Clerk EFFECT OF AMENDMENT Sec. 5-7. Persons Under Legal Age: (b) A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine or beer, or possessing or having control of alcoholic liquor, wine or beer commits a simple misdemeanor punishable by a scheduled fine as established pursuant to Iowa Code Section 805.8c. Sec. 5-7.1. Persons Under Legal Age Prohibited From Attempting To Purchase Or Otherwise Obtain Alcoholic Beverages, And From Misrepresenting The Person's Age: NOTICE TO PERSONS UNDER LEGAL AGE You are subject to a fine for attempting to purchase or otherwise obtain alcoholic liquor, wine or beer or for misrepresenting your age for the purpose of purchasing alcoholic liquor, wine or beer. Sec. 5-7.2. Persons Under Legal Age Prohibited From Premises Where Alcoholic Beverage Is Sold Or Dispensed: NOTICE TO PERSONS UNDER LEGAL AGE You are subject to_______________________for being on these premises between the hours of 9:00 p.m. and closing unless you are employed by the owner or are accompanied by a parent, guardian or spouse who is of legal age.