Alcohol & Tobacco Violations Amendmening Code of Ordinances°f®: The Honorable Mayor and City Council Members
F®M: Michael C. Van Milligen, City Manager
SUBJECT: Alcohol and Tobacco Violations
®A1°E: April 15, 2009
Assistant City Attorney Crenna Brumwell is recommending that the City adopt
ordinances that correspond to the State Code that prohibits a liquor licensee, permittee,
or employee of a permittee or licensee from selling alcohol to persons under the legal
age. This would allow the Police Department to issue these alcohol violation citations
under the City Code. It is also recommended that the City create a City Ordinance for
tobacco violations and for open containers of alcohol in a vehicle.
If these ordinances had been in place the first seven months of Fiscal Year 2009, the
City would have received $16,450 in revenue instead of that money going to the State
of Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~.
M hci ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Kim Wadding, Chief of Police
THE CITY OF ~-°
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Masterpiece on the Mississippi ~~~~,~
Is RENNA ~ Ii3RUMWELL, ESQ:
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
®ATE: April 7, 2009
RE: Alcohol and Tobacco Violations
Attached please find ordinances related to alcohol and tobacco violations which should be
submitted to the City Council for their consideration.
The City currently does not have an ordinance which corresponds to the State of Iowa Code
Provision §123.49(2)(h) which prohibits a liquor licensee, permittee, or employee(s) of a
permittee or licensee from selling alcohol to persons under the legal age. The proposed
change to Chapter 5 would allow the Police Department to issue these alcohol violation
citations under the City Code.
Tobacco violations are currently written under State Code §453A.2 which cites employees
of businesses with tobacco licenses for selling tobacco to persons under eighteen (18)
years of age. The proposed change to Chapter 33 would also allow the Police Department
to issue these tobacco violation citations under the City Code.
Currently when the Police Department makes a traffic stop and finds open containers of
alcohol, the citations issued are written under the State Code. This occurs because the City
has not adopted any open container ordinances. The proposed change to Chapter 32
would mirror the State Code prohibiting open containers.
The Police Department currently charges all of the above violations under the State Code.
By adopting the proposed ordinances, the City will be able to capture thousands of dollars
in fine revenues with these changes. According to Corporal Steve Eastvedt, from July 2008
through January 2009 the Police Department has processed 8 convictions for tobacco
violations ($1,050.00), 15 convictions for alcohol violations ($8,500.00), and approximately
69 cases for open container violations ($6,900.00).
Please let me know if you have any questions or would like a meeting to discuss the matter.
Thank you.
cc: Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Steve Eastvedt, Corporal
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. 21 -09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 5-3
PROHIBITED SALES AND ACTS BY ADDING A PROVISION WHICH PROHIBITS
THE SALE OR SUPPLYING OF ALCOHOL TO INDIVIDUALS WITHOUT
EXERCISING REASONABLE CARE TO ENSURE THE ALCOHOL IS NOT
PROVIDED TO THOSE UNDER THE LEGAL AGE
NOW, THEREFORE, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 5-3 of the City of Dubuque Code of Ordinances is amended
to read as follows:
Sec. 5-3. Prohibited Sales and Acts.
A person or club holding a liquor license or retail wine or beer permit under this Chapter
and the person's or club's agents or employees shall not do any of the following:
(7) Keep on premises covered by a liquor control license any alcoholic liquor
in any container except the original package purchased from the Division and
except mixed drinks or cocktails mixed on the premises for immediate
consumption. This prohibition does not apply to common carriers holding a Class
D liquor control license;
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle
used originally for packaging alcoholic liquor or wine; or adulterate, by the
addition of any substances, the contents or remaining contents of an original
package of an alcoholic liquor or wine; or knowingly possess any original
package which has been so reused or adulterated; or,
(9) Sell, give, or otherwise supply any alcoholic beverage, wine, or beer to
any person, knowing or failing to exercise reasonable care to ascertain whether
the person is under legal age, or permit any person, knowing or failing to
exercise reasonable care to ascertain whether the person is under legal age, to
consume any alcoholic beverage, wine, or beer. Violation of this Section is
punishable as a scheduled violation under Iowa Code Section 805.8C(2).
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 20th day of April, 2009.
Roy D. Buol, Mayor
Attest
Jeanne F. Schneider, City Clerk
EFFECT ®F AMEN®MEN1°
Sec. 5-3. Prohibited Sales and Acts.
A person or club holding a liquor license or retail wine or beer permit under this Chapter
and the person's or club's agents or employees shall not do any of the following:
(7) Keep on premises covered by a liquor control license any alcoholic liquor
in any container except the original package purchased from the Division and
except mixed drinks or cocktails mixed on the premises for immediate
consumption. This prohibition does not apply to common carriers holding a Class
D liquor control license; w,
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle
used originally for packaging alcoholic liquor or wine; or adulterate, by the
addition of any substances, the contents or remaining contents of an original
package of an alcoholic liquor or wine; or knowingly possess any original
package which has been so reused or adulteratedw; or,
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ORDINANC NO. 22 -09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 33 BY
ADDING SECTION 33-18 PERSONS UNDER LEGAL AGE WHICH PROHIBITS THE
SALE OR SUPPLYING OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN (18) YEARS OF AGE AND 33-18A PENALTY WHICH PROVIDES A FINE
FOR SUCH VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 33 of the City of Dubuque Code of Ordinances is amended
by adding thereto the following new sections:
Section 33-18. Persons under Legal Age.
1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products,
or cigarettes to any person under eighteen (18) years of age.
2. A person under eighteen (18) years of age shall not smoke, use, possess,
purchase, or attempt to purchase any tobacco, tobacco products, or cigarettes.
3. Possession of cigarettes or tobacco products by an individual under eighteen
(18) years of age does not constitute a violation under this Section if the individual
under eighteen (18) years of age possesses the cigarettes or tobacco products as part
of the individual's employment and the individual is employed by a person who holds a
valid permit under the Iowa Code or who lawfully offers for sale or sells cigarettes or
tobacco products.
4. A person shall not be guilty of a violation of this Section if conduct that would
otherwise constitute a violation is performed to assess compliance with cigarette and
tobacco products laws if any of the following applies:
a. The compliance effort is conducted by or under the supervision of law
enforcement officers.
b. The compliance effort is conducted with the advance knowledge of law
enforcement officers and reasonable measures are adopted by those conducting
the effort to ensure that use of cigarettes or tobacco products by individuals
under eighteen (18) years of age does not result from participation by any
individual under eighteen (18) years of age in the compliance effort.
For the purposes of this Subsection, law enforcement officer means a peace officer as
defined in Iowa Code Section 801.4 and includes persons designated under Subsection
4 of this Section to enforce this Ordinance.
Section 33-18A. Penalty.
1. a. A person, other than a retailer, who violates Section 33-18, Subsection 1,
is guilty of a simple misdemeanor.
b. An employee of a retailer who violates Section 33-18, Subsection 1,
commits a simple misdemeanor punishable as a scheduled violation under Iowa
Code Section 805.8C.
2. A person who violates Section 33-18, Subsection 2, is subject to the following, as
applicable:
a. A civil penalty pursuant to Iowa Code Section 805.8C.
b. For a first.. offense, performance of eight (8) hours of community work
requirements, unless waived by the court.
c. For a second offense, performance of twelve (12) hours of community
work requirements.
d. For a third or subsequent offense, performance of sixteen (16) hours of
community work requirements.
Secs. 33-19 - 33-20. Reserved.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 20th day of April, 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECI° ®F AMEN®MENT
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Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563589-4381
ORDINANCE NO. 23 -09
NOW, THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 32 of the City of Dubuque Code of Ordinances is amended
by adding thereto the following new sections:
Sec. 32-321.284. Open Containers in Motor Vehicles -Drivers.
A driver of a motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage. Passenger area means the area designed
to seat the driver and passengers while the motor vehicle is in operation and any area
that is readily accessible to the driver or a passenger while in their seating positions,
including the glove compartment. An open or unsealed receptacle containing an
alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed
receptacle containing alcoholic beverage may be transported behind the last upright
seat of the motor vehicle if the motor vehicle does not have a trunk. A person convicted
of a violation of this Section is guilty of a simple misdemeanor punishable as a
scheduled violation under the Iowa Code Section 805.8A.
Sec. 32-321.284A. Open Containers in Motor Vehicles -Passengers.
1. A passenger in a motor vehicle upon a public street or highway shall not possess
in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage. Passenger area means the area of a
motor vehicle designed to seat the driver and passengers while the motor vehicle is in
operation and any area that is readily accessible to the driver or a passenger while in
their seating positions, including the glove compartment. An open or unsealed
receptacle containing an alcoholic beverage may be transported in the trunk of the
motor vehicle. An unsealed receptacle containing an alcoholic beverage may be
transported behind the last upright seat of the motor vehicle if the motor vehicle does
not have a trunk.
2. This Section does not apply to a passenger being transported in a motor vehicle
designed, maintained, or used primarily for the transportation of persons for
compensation, or a passenger being transported in the living quarters of motor home,
manufactured or mobile home, travel trailer, or fifth-wheel travel trailer.
3. A person convicted of a violation of this Section is guilty of a simple
misdemeanor punishable as a scheduled violation under the Iowa Code Section
805.8A.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 20th day of April, 2009
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFEC7° ®F ~4NIEN®it~ N1°
Secs. 32-321.280 - 32-321.28 . Reserved.
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