Dubuque County Board of Supervisors_Social Host OrdinanceDonna L. Smith
dsmith @dbeco.org
Eric Manternach
emanternach @dbeco.org
Wayne Demmer
wdemmer @dbq.org
September 13, 2010
2146uu
COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE, IOWA 52001 -7079
www.dubuquecounty.org
Dear Dubuque County Mayors and City Councils;
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At today's meeting, the Dubuque County Board of Supervisor's approved the Notice of Public
Hearing for the proposed Chapter 63- Social Host Ordinance for Dubuque County for September
27, 2010 in the Board Chambers, 4 floor, Dubuque County Courthouse. c.4._ S fi .
Enclosed for your review is a copy of the proposed ordinance for your review. We encourage you
to attend this public hearing. If you cannot attend, you are welcome to submit written comments
to our office by September 22, 2010.
Sincerely,
Eric Manternach, Chairperson
Dubuque County Board of Supervisors
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Phone: 563 -589 -4441
Fax: 563 -587 -3836
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NOTICE OF PUBLIC HEARING
PROPOSED COUNTY ORDINANCE
OFFICIAL NOTICE IS HEREBY GIVEN in accordance with the provisions of Section
331.305, current Code of Iowa, to all interested citizens of Dubuque County, Iowa, that a
public hearing will be held on the 27th day of September, 2010, at 5:30 p.m. in the Board of
Supervisors Chambers, Dubuque County Court House concerning the proposed Chapter 62 -
Social Host Ordinance described hereafter.
At the hearing, interested citizens will be invited to comment on the following proposed
ordinance:
CHAPTER 62 - SOCIAL HOST ORDINANCE
OF DUBUQUE COUNTY, IOWA
PART 1
INTRODUCTION
62 -1 PURPOSE. The purpose of this ordinance is to prohibit the consumption of
alcoholic beverages by persons under the legal drinking age of twenty -one (21) at
gatherings where adult persons know or have reason to know or allow or permit
underage persons to drink alcoholic beverages on property they own or control.
This Ordinance is enacted to protect and preserve the rights, privileges, and
property of the residents of Dubuque County and to preserve and improve the
peace, safety, health, welfare, comfort and convenience of the residents of
Dubuque County.
62 -2 DEFINITIONS. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the meaning they have in
common usage and to give this ordinance its most reasonable application.
62 -2.1 "Adult Person" means any person age eighteen (18) or older.
62 -2.2 "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and
mixtures thereof from whatever source or by whatever process produced.
62 -2.3 "Alcoholic beverage" means any beverage in any form that contains more than
one half of one percent of alcohol by volume including alcoholic liquor, wine, or
beer.
62 -2.4 "Emergency Responders" means firefighters, law enforcement officers,
emergency medical service personnel, and other personnel having emergency
response duties.
62 -2.5 "Enforcement Services" means the salaries and benefits of emergency
responders for the amount of time actually spent responding to or remaining at an
event, gathering, or party and administrative costs attributable to the incident; the
actual costs for medical treatment for any injured emergency responder, and the
costs of repairing any damage to equipment or vehicles.
62 -2.6 "Event, gathering, or party" means any group of three (3) or more persons who
have assembled or gathered together for a social occasion or other activity.
62 -2.7 "Juvenile" means a person under the age of eighteen (18).
62 -2.8 "Legal age" means twenty -one (21) years of age or more.
62 -2.9 "Parent" means any person having legal custody of a juvenile: (1) as a natural
parent, adoptive parent, or step - parent; (2) as a legal guardian; (3) as a person to
whom legal custody has been given by order of the court
62 -2.10 "Person" means any individual, partnership, corporation, or any association of
one or more individuals.
62 -2.11 "Possession or Control" means actual possession or constructive possession
based on facts, which permit the inference of intent to possess or control alcoholic
beverages.
62 -2.12 "Premises" means any home, yard, farm, field, land, apartment, condominium,
hotel or motel room, other dwelling unit, hall or meeting room, garage, barn, park,
tent, camper/RV, or any other place conducive to assembly, public or private,
whether occupied on a permanent or temporary basis, whether occupied as a
dwelling or specifically for an event, gathering, or party, and whether owned,
leased, rented or used with or without permission or compensation.
62- 2.13 "Public place" means the same as defined in Iowa Code section 123.3(27).
62- 2.14 "Social host"
a means any person who aids, allows, entertains, organizes, supervises, controls or
permits an event, gathering, or party. This includes but is not limited to:
(1) the person who owns, rents, leases, or otherwise has control of the premises
where the event, gathering, or party takes place;
(2) the person(s) in charge of the premises; or
(3) the person(s) responsible for organizing the event, gathering, or party.
b If the social host is a juvenile, and the juvenile's parent(s) are
(1) present on the premises, or
(2) knows or reasonably should know of the event, gathering or party and knows
or reasonably should know that the consumption of alcohol is occurring,
(3) both the juvenile and the parent(s) will be held liable for violations of this
chapter.
62 -2.15 "Underage person" means any person under the age of twenty -one (21).
62 -3 through 62 -10 Reserved.
PART 2
GENERAL PROVISIONS
62 -11 AFFIRMATIVE DUTIES. It is the duty of the social host of an event, gathering,
or party to take all reasonable steps to prevent alcoholic beverages from being
possessed or consumed by underage persons on the premises. Reasonable steps
include, but are not limited to:
62 -11.1 Controlling underage persons' access to alcoholic beverages,
62 -11.2 Controlling the quantity of alcoholic beverages,
62 -11.3 Verifying the age of persons being served, in the possession of, or consuming
alcoholic beverages at the event, gathering, or party by inspecting driver's;
licenses or other government- issued identification cards,
62 -11.4 Supervising the activities of underage persons at the party, and
62 -11.5 Notifying law enforcement of underage possession or consumption of alcoholic
beverages, and allowing law enforcement to enter the premises for the purpose of
stopping the possession or consumption by underage persons.
62 -12 PROHIBITED ACTS.
62 -12.1 It is unlawful for any social host of an event, gathering, or party on the social
host's premises to knowingly permit or allow underage persons to consume
alcoholic beverages, or knowingly permit or allow underage persons to possess
alcoholic beverages on the premises, whether or not the social host is present on
the premises.
62 -12.2 It is unlawful for any social host to host an event, gathering, or party on premises
when the person knows or reasonably should know that an underage person has
consumed an alcoholic beverage, or possess an alcoholic beverage with the intent
to consume it, and the person fails to take reasonable steps to prevent the
possession or consumption by the underage person. A social host who hosts such
an event, gathering, or party does not have to be present at the time the prohibited
act occurs.
62 -12.3 A person or persons under the legal age shall not purchase or attempt to purchase,
or individually or jointly have alcoholic liquor, wine, or beer in their possession
or control. (As set out in Iowa Code section 123.47(2)). A person under the legal
age who has consumed alcoholic liquor, wine, or beer shall be presumed to have
had the same in his or her possession or control prior to its consumption. This
Ordinance does not apply to the exceptions enumerated in Iowa Code Section
123.47(2) for persons possessing alcohol while under the legal age or to persons
possessing alcohol as part of legally protected religious observances, or to
situations where underage persons are lawfully in possession of alcoholic
beverages during the course and scope of their employment.
62 -12.4 A social host has an affirmative defense if the social host took reasonable steps
to prevent the possession or consumption of alcohol, or notified law enforcement
and allowed law enforcement to enter the premises for the purpose of stopping the
illegal activities.
62 -13 EVIDENCE OF CONSUMPTION. A specific legislative finding has been made
by the Board of Supervisors, supported by expert testimony, that preliminary
breath screening tests (PBT's) which have been approved by the Department of
Public Safety for use in Public Intoxication cases, are accurate in determining the
presence or absence of alcohol in a person's body. Such devices are valuable
tools in the investigation of unlawful consumption of alcohol. Therefore, at trial,
evidence obtained during the administration of preliminary breath testing,
including the test result expressed in terms of alcohol concentration, shall be
admissible on the issue of whether a person under the legal drinking age did or did
not consume alcohol.
62 -14 PENALTIES. A person who violates Section 62 -12 shall be punishable by the
following penalties:
62 -14.1 A first offense shall be a simple misdemeanor punishable by a scheduled fine of
two hundred fifty dollars ($250.00) plus applicable surcharges and court costs.
62 -14.2 A second or subsequent offense shall be a simple misdemeanor punishable by a
scheduled fine of seven hundred fifty dollars ($750.00) plus applicable surcharges
and court costs.
62 -14.3 The court may, in its discretion, order the person to perform community service
work under Iowa Code section 909.3A, of an equivalent value to the fine imposed
under this section.
62 -14.4 The County may also seek reimbursement for enforcement services provided by
emergency responders related to the event, gathering, or party.
62 -15 ENFORCEMENT. The Dubuque County Sheriff's Office shall have primary but
not exclusive enforcement responsibility for this Ordinance.
62 -16 JURISDICTION. The provisions of this ordinance shall apply throughout
Dubuque County, Iowa, including municipalities that have not enacted a
municipal ordinance dealing with similar subject matter.
62 -17 REPEALER. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
62 -18 SEVERABILITY. If any section, provision, sentence, clause, phrase or part of
this ordinance shall be adjudged invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a whole or any provision, section,
subsection, clause, phrase, or part hereof not adjudged invalid or unconstitutional.
62 -19 through 62 -20 Reserved.
PART 3
ENACTMENT
62 -21 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage, adoption, and publication as required by law.
By order of the Dubuque County Board of Supervisors on this 13` day of September, 2010.
Denise M. Dolan
Dubuque County Auditor