Alcoholic Bev 2 New Ordinances
D~
~ck~
MEMORANDUM
September 14, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: New Ordinances - Chapter 5 Alcoholic Beverages
In early December 2003, the Dubuque Police Department Community Policing Unit was
contacted by the Dubuque Area Substance Abuse Coalition and invited to attend
meetings of the binge drinking sub-committee to investigate ways to address concerns
associated with binge drinking. The group consists of members from Loras College,
Clarke College, University of Dubuque, Northeast Iowa Community College, and
Helping Services of Iowa. The purpose of the meetings was to discuss ways to impact
the growing concern of binge drinking related to college students and other 18-20 year
olds and their use of alcohol.
The police department also has been involved in tracking calls for service related to
local liquor establishments. This research showed for the calendar years of 2002 and
2003, the calls for service were on the rise. Of particular concern is the rise in
disturbances and public morals related to public intoxication and disorderly conduct.
In addition to the calls for service to the local liquor establishments, a review was also
conducted regarding the number of possession of alcohol under legal age and loud
party responses with many of those containing large gatherings of college age students.
Underage Alcohol Possession increased 16.31 % with Loud Party Complaints increasing
27.96% from 2002 to 2003. Although 2004 is yet to be completed it is anticipated to
exceed 2003.
Chief of Police Kim Wadding is recommending two ordinance changes to help reduce
the availability and over indulgence of alcohol. The first is to require those under the
legal drinking age of 21 to leave those liquor license control establishments where food
is served thirty minutes after one or more restaurants in the building closes between the
hours of 9:00 P.M. and closing. Once the restaurant portion of the building begins to
close the primary focus of the remaining business is the serving of alcohol. By having
those under the legal drinking age leave, the availability and access to alcoholic
beverages by those individuals is greatly reduced.
The second ordinance change is the elimination of a liquor license control establishment
to sell, offer to sell, dispense, or serve for purpose of on-premise consumption an
unlimited number of servings of alcoholic liquor, wine, or beer for a fixed price. By
providing unlimited servings of alcoholic liquor, wine, or beer for a fixed price coupled
with access to large gatherings of college age students, the danger of over indulgence
is magnified.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/Yl,' .( .1 L/ !)¡ r
I l, '-- ,', '1' "-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
5li~~E
~~~
MEMORANDA
Date: September 1, 2004
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding ~
Police Chief
Re:
New Ordinances - Chapter 5 ALCOHOLIC BEVERAGES
5.2 Definitions of Restaurant and Kitchen Facility
5-7.2 Prohibits Under Age Persons from remaining on premises where
alcoholic liquor is sold or dispensed thirty minutes after any
restaurant is closed.
5-9 Prohibits Buffet Sales of Alcoholic Liquor, Wine or Beer
INTRODUCTION:
The purpose of this memorandum is to request City Council Consideration to amend
Chapter 5 ALCOHOL BEVERAGES by adding sections 5-2, 5-7.2 and 5-9. Section 5-2
adds the definitions of restaurant and kitchen facility, Section 5-7.2 prohibits persons under
the legal age from remaining on the premises where alcoholic liquor is sold or dispensed
thirty minutes after any restaurant on the licensed premises is closed, and Section 5-9
prohibits buffet sales of alcoholic liquor, wine or beer.
BACKGROUND:
In early December 2003, the Dubuque Police Department Community Policing Unit was
contacted by the Dubuque Area Substance Abuse Coalition and invited to attend meetings
of the binge drinking sub-committee to investigate ways to address concerns associated
with binge drinking. The group consists of members from Loras College, Clarke College,
University of Dubuque, Northeast Iowa Community College, and Helping Services of Iowa.
The purpose of the meetings was to discuss ways to impact the growing concern of binge
drinking related to college students and other 18-20 year olds and their use of alcohol.
In addition to the binge drinking discussions, the police department had been involved in
tracking calls for service related to local liquor establishments. This research showed for
the calendar years of 2002 and 2003, the calls for service (for the top local establishments
receiving calls for service) were on the rise. Of particular concern is the rise in
disturbances and public morals related to public intoxication and disorderly conduct. Below
is a summary of those calls for service. The percentage difference is between the Total
Calls for Service from 2002 to 2003.
2002 2003
Establishment Total Calls Disturbances Public Morals Total Calls Disturbances Public Morals Difference %
Bricktown 59 10 7 133 23 14 125.42%
Players 35 16 0 61 19 6 74.29%
Bocines 33 9 1 54 15 0 63.64%
Knickers 22 6 1 36 8 2 63.64%
Busted Lift 16 1 1 29 2 0 81.25%
Lux Club 13 3 1 22 6 2 69.23%
Fat Tuesdays 12 7 3 21 7 0 75.00%
Jumpers 4 2 0 12 3 0 200.00%
In addition to the calls for service to the local liquor establishments, a review was also
conducted regarding the number of possession of alcohol under legal age and loud party
responses with many of those containing large gatherings of college age students.
As indicated, Underage Alcohol Possession increased 16.31 % with Loud Party Complaints
increasing 27.96% from 2002 to 2003. Although 2004 is yet to be completed it is
anticipated to exceed 2003.
DISCUSSION:
In an effort to impact these rising trends, the police department along with several bar and
restaurant owners and managers, local colleges, and members of the Dubuque Area
Substance Abuse Coalition have taken steps to help minimize these concerns through the
use of the TIPS program. TIPS (Tactics In Prevention) training is a nationally recognized
program designed to minimize under age drinking and the over serving of alcohol to
persons. Over the past year, several TIPS sessions have been conducted for area bar
owners and their staff. Additionally, TIPS has a University program designed for use by
area colleges. The University of Dubuque received a TIPS grant to conduct training to 300
incoming freshman this academic year. Through a donation from Kirchoff Distributing each
area college will have staff trained as TIPS trainers to conduct TIPS training to their
students and staff.
The police department continues to work with local landlords regarding loud party and
noise complaints. When the police respond to a loud party or noise complaint and the
complaint is verified, in addition to any citations or municipal infractions issued, the
department notifies the property owner by letter telling them of the activity. The landlord in
return is able to make contact with the renter and take the appropriate action necessary to
eliminate future concerns.
As an extension of these efforts, two ordinance changes are being recommended to help
reduce the availability and over indulgence of alcohol. The first is to require those under
the legal drinking age of 21 to leave those liquor license control establishments where food
is served thirty minutes after one or more restaurants in the building closes between the
hours of 9:00 P.M. and closing. Once the restaurant portion of the building begins to close
the primary focus of the remaining business is the serving of alcohol. By having those
under the legal drinking age leave, the availability and access to alcoholic beverages by
'.
those individuals is greatly reduced. Additionally, the attached memorandum (Attachment
A) supplied by Eileen G. Sullivan, Vice President for Student Development at Loras College
offers insight into the effects of underage drinking. As stated therein, underage drinking by
college age students has a significant link to many criminal and at-risk behaviors.
The second ordinance change is the elimination of a liquor license control establishment to
sell, offer to sell, dispense, or serve for purpose of on-premise consumption an unlimited
number of servings of alcoholic liquor, wine, or beer for a fixed price. By providing
unlimited servings of alcoholic liquor, wine, or beer for a fixed price coupled with access to
large gatherings of college age students, the danger of over indulgence is magnified.
RECOMMENDATION:
It is recommended Chapter 5 ALCOHOL BEVERAGES be amended to include the
additions of Section 5-2 adding the definitions of restaurant and kitchen facility, adding
Section 5-7.2 prohibiting persons under the legal age from remaining on the premises
where alcoholic liquor is sold or dispensed thirty minutes after any restaurant on the
licensed premises is closed between the hours of 9:00 P.M. and closing and adding
Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer.
ACTION REQUESTED:
Request City Council consideration to amend City of Dubuque Code of Ordinances Chapter
5 ALCOHOL BEVERAGES through the addition of Section 5-2 adding the definitions of
restaurant and kitchen facility, adding Section 5-7.2 prohibiting persons under the legal age
from remaining on the premises where alcoholic liquor is sold or dispensed thirty minutes
after any restaurant on the licensed premises is closed between the hours of 9:00 P.M. and
closing and adding Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer.
Cc:
Barry Lindahl, Corporation Attorney
Bill Blum, City Solicitor
Jeanne Schneider. City Clerk
ATTACHMENT A
To:
Barry A. Lindahl, Esq.
Corporation Counsel, City of Dubuque
From: Eileen G. Sullivan, Ph.D.
Vice President for Student Development
Loras College
Re:
High Risk Drinking Information
Date: August 30, 2004
As I mentioned when we spoke last week on the phone, President Collins shared
with me the letter he received from you, dated August 24. As a follow-up to our
conversation, I'm including some information that might be helpful to you in the coming
weeks. Unless otherwise noted, most of the information contained within this document
and the Tri-College President's letter supporting the city ordinance (proposed by the Binge
Drinking sub-committee of the Dubuque Area Substance Abuse Task Force. Most of the
information came from the book, Dying to Drink: Confronting Binge drinking on college
campuses (Wechsler, H. and Wuethrich, B., 2002) The book and both the quantitative and
qualitative research contained within it emanate from the (4) National College Alcohol
Studies from the Harvard School of Public Health. I hope this information will be helpful to
you. If I can answer any questions or be of further assistance, please do not hesitate to
contact me: 588-7104.
Extent of Problem:
Almost half of all college students are binge drinkers (defined as four or more
drinks in one sitting for women; five or more drinks in one sitting for men).
23% of college students are frequent binge drinkers
Over 1/3 of college students drink for the sole purpose of getting drunk
Between 240,000 and 360,000 of today's college students will eventually (over the
course of their lifetime) die of alcohol related causes
Students who are binge drinkers are: 17 times more likely to miss a class, ten
times for likely to vandalize property, and either times more likely to get hurt or injured
as a result of their drinking than are students who drink but do not binge.
A ring of bars and liquor stores surrounds most colleges. According to the Harvard
Study, researchers found 185 alcohol outlets within two miles of campus.
Alcohol Abuse and Academic Success:
40% of academic problems are alcohol related
29% of all drop outs are alcohol related
Drinking is associated with lower grades. Approximately five drinks per occasion
are associated with a GPA lower by half a grade.
Each additional drink consumed per occasion increased the probability of missing a
class by 8 percent and getting behind in school by 5 percent.
The Core Drug and Alcohol Survey, conducted by the Center for Alcohol and Drug
Studies at Southern Illinois University-Carbondale, found that students who reported D
and F grade point averages consumed an average of 11 drinks per week, while those
who earned mostly A's consumed 3 drinks per week.
Cost of Alcohol Abuse:
College students spend $5.5 billion each year on alcohol which represents
approximately 1/3 of their spending money
College students spend more money on alcohol than all of their books and supplies
combined.
Safety and Alcohol Abuse:
95% of all campus violence is alcohol related
80% of vandalism is alcohol related
90% of all date/acquaintance rapes are alcohol related
90% of Greek hazing deaths are alcohol related
59% of frequent binge drinkers report driving after drinking, compared to 18
percent of students who drink but don't binge.
Alcohol and society:
. College drinking can't be separated from the role of alcohol in society at large.
. 14 million to 25 million Americans are addicted to alcohol or suffer from serious
problems related to its use.
. Every year more than 100,000 deaths in the U.S. are caused by excessive alcohol
consumption.
. The lower the price of alcohol, the higher the level of binge drinking.
. The greater the outlet density, the higher the level of binge drinking.
. The more special price promotions, the higher the level of binge drinking.
. The less enforcement of underage drinking laws, the more alcohol underage people
consume.
Underage drinkina:
. In the 2003 Harvard Alcohol Study, they found that underage students drink almost
half (48%) of all the alcohol consumed by college students.
. On average, today, young people start drinking at 13.1 years of age.
. Today, more than half of all eighth graders and four of five high school seniors have
tried alcohol. 30% of high school seniors report binge drinking.
. Among 8th graders, 15% report binge drinking. And the gender gap in alcohol use
has closed: 9th grades girls binge drink just as much as the boys in their class.
. Alcohol is a factor in about one-third of the car-crash deaths involving teenagers.
. More than 40% of individuals who start drinking before the age of thirteen will
develop alcohol abuse or alcohol dependence patterns at some point in their lives.
. Among children age nine to fifteen, 28 percent of suicides and 46% of homicides can
be attributed directly to alcohol.
. 12 -16 year old girls who drink are four times more likely than their non-drinking
peers to suffer depression later in life.
. Those who start drinking before age 21 have an elevated risk of unintentional
injuries and involvement in alcohol-related motor vehicle crashes as adults.
. The total cost attributable to the consequences of underage drinking is about $53
billion per year.
. Nearly half of the underage students surveyed in the last Harvard College Alcohol
Study said that it was unlikely that they would be caught trying to purchase alcohol in
an off-campus bar.
. Retail alcohol outlets that surround colleges, and the distributors that service them,
set the stage for heavy drinking with their low prices and highly focused promotional
efforts. A high concentration of bars in close proximity to campuses breeds
"
competition that forces owners to reduce prices or stage irresponsible promotions to
survive economically. Two for ones, all you can drink, 25-cent beers and ladies-night
specials are common nationally. Flyers are left on student's windshields in campus
parking lot to promote these specials. (A night of binge drinking can be cheaper than
a movie.)
Easy Access
Research has identified several components of a college environment that
promote heavy alcohol use. Components that enable such alcohol use include
traditions that focus on drinking, modest or unclear college and community policies
and enforcement, easy accessibility to cheap alcohol, and gaps in service networks
The Dubuque Community and its permissiveness towards alcohol is a serious
concern as it contributes to the culture around alcohol. Historically, alcohol has
played a strong role in the city. In 2000, Dubuque was reported to have the highest
per capita consumption of beer in the United States (Kids and Drugs: What to do
and Say, Dubuque Area Substance Abuse Task Force, Police Department, City of
Dubuque).
The cultural around alcohol in the city allows alcohol to be very accessible.
Again, research suggests that having more laws restricting underage drinking or
laws that govern the volume of sales and consumption of alcohol is associated with
less drinking among underage students (Wechsler, Eun Lee, Nelson, Kuo, 2000).
Additional research from a 2001 study from the Association of College and
University Housing Officers (ACUHO) supports the fact that Iowa campuses struggle
with this issue more than a number of other regions of the country The study found
that the Upper Midwest Region of the United States, which includes Iowa, is the 2nd
highest alcohol consumption region in the country with 73% of campus residents
admitting to drinking, and 58% of those responding qualifying as high-risk drinkers.
. In Harvard's 2003 College Alcohol Study, one in four underage students reported
that they were able to purchase alcohol either without proof of identity or with a fake
ID.
. About 54 percent of underage students said it was very easy to obtain alcohol.
Underage students were more likely than of-age students to get free drinks (25 %
versus 5%) and to pay a set price for unlimited drinks or less than a dollar per drink
(32% versus 11 %).
. Students who usually paid less per drink or got them for a set price were more likely
to binge.
Reaardina where students are binaeina fa Case Study)
. The Catholic University of America became the first university to initiate an
investigation and prosecution of a bar in cooperation with an alcohol licensing
department and city attorney's office. The "Odd's Bar hosted a CUA all you can
drink night in 2000. They hired students and paid them a finder's fee for each fellow
freshman they got to show up at the party. It hired student bartenders and
bouncers, all of whom were underage. After the party, a number of students returned
to campus intoxicated and physically ill, and several had allegedly been assaulted.
One student was transported to the local hospital via ambulance for alcohol
poisoning. In exchange for a temporary loss of its license, the Odds Bar entered into
an agreement in which it agreed to cease promoting all you can drink parties to
known underage persons, cease hiring underage persons to work as bartenders and
cease serving alcohol to underage and intoxicated persons The bar was fined
$10,000 and put on probation for one year, and its liquor license was suspended for
"
a total of 16 days. It also agreed to comply with the following conditions of
operation:
1. 1. No admittance of persons under age 21 without a parent/guardian.
2. 2. No all you can drink parties.
3. 3. No solicitation of college/university students by any means, including
fliers.
4. 4. Formal training of bartenders
5. 5. Assignment of all these conditions with any future transfer of license.
Impact of Alcohol Abuse on the Colleae Climate:
58% of college students have had their sleep and or studying interrupted by
intoxicated students.
29% of college students have been insulted or humiliated by an intoxicated student
51 % of college students have had to baby-sit for a drunk friend
Sexual Assault:
In a single year 94,000 women in the U.S. report a rape to law enforcement
officials.
Only 1 in 10 rapes are reported
One in 3 females will be sexually assaulted by age 18
One in 6 males will be sexually assaulted by age 18.
Sexual Assault and Alcohol:
As many as 70% of college students admit to having engaged in sexual activity
primarily as a result of being under the influence of alcohol or to having sex they
wouldn't have had if they were sober.
90% of all campus rapes occur when alcohol has been used by either the assailant
or the victim.
At least 1 in 5 college students abandon safe sex practices when they are drunk,
even if they do protect themselves when sober.
1 in 12 college males admit to having committed acts that meet the legal definition
of rape or sexual assault.
55% of females and 75% of males involved in acquaintance rape admit to having
been drinking when the incident occurred.
60% of college women who are infected with STD's report that they were under the
influence of alcohol at the time they had intercourse with the infected person.
Female college students are at the highest risk for sexual assault between the 1st
day of class and Thanksgiving break.
ORDINANCE NO.
AMENDING CHAPTER 5 ALCOHOLIC BEVERAGES OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY ENACTING A NEW SECTION 5-9 PROHIBITING
BUFFET SALES OF ALCOHOLIC LIQUOR, WINE OR BEER
Whereas, the Dubuque Area Substance Coalition and its Binge
Drinking Subcommittee have requested the City Council to investigate
ways to address concerns associated with binge drinking; and
Whereas, the Subcommittee consists of members of Loras College,
Clarke College and the University of Dubuque, Northeast Iowa Community
College and Helping Services of Iowa; and
Whereas, the Presidents of Loras College, Clarke College and the
University of Dubuque have also requested that the City Council take
action to address binge drinking; and
Whereas, the City Council is concerned about the problem of binge
drinking related to college students and other 18-20 year olds and their use
of alcohol; and
Whereas, the City Council has been presented with the results of the
Harvard School of Public Health College Alcohol Study, an ongoing survey
of more than 50,000 students at 140 four-year colleges located in 40 states;
and
Whereas, the study shows that access to an unlimited amount of
alcohol for a flat fee increases the number of drinks in a sitting by 1.6
drinks; and
Whereas, the City Council finds that increasing the price of alcohol
through eliminating price specials and promotions will most likely reduce
moderate and heavy drinking by college students and younger drinkers;
and
Whereas, the City Council finds that one of the means to accomplish
that goal is to end special price promotions that lower prices, so-called
"buffet drinking" specials.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Chapter 5 of the City of Dubuque Code of Ordinances is hereby
amended by enacting a new Sec. 5-9, Buffet Sales Prohibited, as follows:
Sec. 5-9. Buffet Sales Prohibited:
(a) The holder of a liquor license or wine or beer permit or the holder
or permittee's employees or agents shall not sell, offer to sell,
dispense, or serve for purpose of on-premises consumption an
unlimited number of servings of alcoholic liquor, wine, or beer for
a fixed price.
(b) Nothing in this section shall prohibit the holder of a liquor control
license or wIne or beer permit, or the holder or permittee's
employees or agents, from:
(1) Including servings or drinks of alcoholic liquor, beer, or
wine as part of a hotel or motel package which includes
overnight accommodations;
(2) Providing a fixed price for an unlimited or indefinite amount
of drinks for a private eyent, which is defined as an event
restricted to a particular group or persons, provided that the
licensee or permittee shall provide the means or method by
which to identify persons participating in private events, such
as use of a private room or a physical means to identify such
participants; or
(3) Selling, offering to sell, dispensing, or serving for purpose
of on-premises consumption an unlimited number of servings
of alcoholic liquor, wine, or beer for a fixed price if permitted
for a special event by the City Council.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this
day of
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 5-9. Buffet Sales Prohibited:
(a) The holder of a liQuor license or wine or beer permit or the holder
or permittee's employees or aaents shall not sell, offer to sell.
dispense. or serve for purpose of on-premises consumption an
unlimited number of servinas of alcoholic liQuor, wine, or beer for
a fixed price.
(b) Nothina in this section shall prohibit the holder of a liQuor control
license or wine or beer permit. or the holder or permittee's
employees or aaents. from:
(1) Includina servinas or drinks of alcoholic liQuor, beer, or
wine as part of a hotel or motel packaae which includes
overniaht accommodations:
(2) Providina a fixed price for an unlimited or indefinite amount
of drinks for a private event, which is defined as an event
restricted to a particular aroup or persons. provided that the
licensee or permittee shall provide the means or method by
which to identify persons participatina in private events, such
as use of a private room or a physical means to identify such
participants; or
(3) Sellina. offerina to sell, dispensina, or servina for purpose
of on-premises consumption an unlimited number of servinas
of alcoholic liQuor. wine, or beer for a fixed price if permitted
for a special event by the City Council.
Preparer: William G. Blum Address: Suite 330 Harbor Yiew Place 300 Main Street DubuQue. IA
52001 Telephone: 1563) 557-1310
ORDINANCE NO.
CHAPTER 5 ALCOHOLIC BEVERAGES OF THE CITY OF DUBUQUE CODE OF
ORDINANCES IS AMENDED BY ADDING THE DEFINITIONS OF RESTAURANT
AND KITCHEN FACILITY TO SECTION 5-2 AND AMENDING SECTION 5-7.2
PROHIBITING PERSONS UNDER THE LEGAL AGE FROM REMAINING ON THE
PREMISES WHERE ALCOHOLIC LIQUOR IS SOLD OR DISPENSED THIRTY
MINUTES AFTER ANY RESTAURANT ON THE LICENSED PREMISES IS CLOSED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 5-2 of the City of Dubuque Code of Ordinances is
amended to add the following definitions:
Restaurant: A commercial establishment where the usual and
customary business is the serving of meals to consumers and
which includes a kitchen facility.
Kitchen Facility: A facility with a sink with piped water, non-
portable cooking equipment, such as ranges, cook stoves, or a
cook top with oven, and refrigerator, located with the same
building.
Section 2. Sec. 5-7.2(a) of the City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 5-7.2 (a). Underage Persons Prohibited From Premises Where
Alcoholic Liquor Is Sold Or Dispensed:
It shall be unlawful for any person under the age for lawful
purchase and/or possession of alcoholic beverages to enter or
remain upon any premises between the hours of nine o'clock
(9:00) P.M. and closing where more than thirty five percent
(35%) of the business conducted on such premises is the sale
or dispensing of liquor, wine or beer except as set forth in
subsection (b) of this section. The phrase "business
conducted on such premises" shall be defined as the total
business revenue generated on such premises during the
previous calendar year.
If the establishment otherwise qualifies under the foregoing
thirty-five percent (35%) criteria, and has one or more
restaurants in the building, no person under the legal age shall
remain on the premises thirty minutes after any restaurant on
the licensed premises closes.
Section 3. This ordinance shall take effect upon publication.
Passed, approved and adopted this
day of
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 5-2. Definitions:
Where words and phrases used in this Chapter are defined by State law, such
definitions hall apply to their use in this Chapter and are adopted by reference. Those
definitions so adopted that need further definition are reiterated, and other words and
phrases used herein shall have the following meanings:
Administrator. The Administrator of the Alcoholic Beverages Division of the
Department of Commerce established by Iowa Code chapter 123.
Club: Any nonprofit corporation or association of individuals, which is the owner,
lessee or occupant of a permanent building or part thereof, membership in which entails
the prepayment of regular dues, and which is not operated for a profit other than such
profits as would accrue to the entire membership.
Commercial Establishment: A place of business which is at all times equipped
with sufficient tables and seats to accommodate twenty five (25) persons at one time,
and the licensed premises of which conform to the provisions of this Code and other
ordinances of the City.
Division: The Alcoholic Beverages Division of the Department of Commerce
established by Iowa Code chapter 123.
Grocery Store: Any retail establishment, the principal business of which consists
of the sale of food or food products for consumption off the premises. The volume of
sales of all other items, commodities and materials shall be included with the volume of
sales of beer, and sales of beer shall not equal or exceed fifty percent (50%) of the
dollar volume of all sales made by the establishment in order to meet the test that food
must be the principal business thereof.
Hotel Or Motel: A premises licensed by the State Department of Inspections and
Appeals and regularly or seasonally kept open in a bona fide manner for the lodging of
transient guests, and with twenty (20) or more sleeping rooms.
Legal Age: Twenty one (21) years of age or more.
Persons Of Good Moral Character. Any person who meets all of the following
requirements:
(1) The person has such financial standing and good reputation as will satisfy
the Council and the Director that the person will comply with the Iowa Alcoholic
Beverages Control Act, all other laws, provisions of this Code, other City
ordinances, and regulations applicable to the person's operations under State
law. However, the Council shall not require the person to post a bond to meet
the requirements of this paragraph.
(2) The person is not prohibited by the provisions of Section 5-39 of this Chapter
from obtaining a liquor license or beer permit.
(3) Notwithstanding paragraph (5) of this definition, the applicant is a citizen of
the United States and a resident of the State, or is licensed to do business in the
State in the case of a corporation.
Not withstanding paragraph (5) of this definition, in the case of a partnership,
only one general partner need be a resident of this State.
(4) The person has not been convicted of a felony; however, if a conviction of a
felony occurred more than five (5) years before the application for a license or
permit, and if the person's rights of citizenship have been restored by the
Governor, the Director may determine that said person is a person of moral
character notwithstanding the conviction.
(5) The requirements of this subsection apply to the following:
a. Each of the officers, directors, and partners of such person.
b. A person who directly or indirectly owns or controls ten percent (10%) or
more of any class of stock of such person.
c. A person who directly or indirectly has an interest of ten percent (10%) or
more in the ownership or profits of such person. (1976 Code, § 5-2; Ord. 68-
97, § 1,11-17-1997)
Restaurant: A commercial establishment where the usual and customary
business is the servinq of meals to consumers and has a kitchen facilitv.
Kitchen Facility: A facilitv with a sink with piped water. non-portable cookinq
equipment (ranqes. cook stoves, or a cook top with oven), and refriqerator. located with
the same buildinq.
Sec. 5-7.2. Underage Persons Prohibited From Premises Where Alcoholic Liquor
Is Sold Or Dispensed:
(a) It shall be unlawful for any person under the age for lawful purchase and/or
possession of alcoholic beverages to enter or remain upon any premises between the
hours of nine o'clock (9:00) P.M. and closing where more than thirty five percent (35%)
of the business conducted on such premises is the sale or dispensing of liquor, wine or
beer except as set forth in subsection (b) of this section. The phrase "business
conducted on such premises" shall be defined as the total business revenue generated
on such premises during the previous calendar year.
If the establishment otherwise qualifies under the foreqoinq thirty-five percent
(35%) criteria, and has one or more restaurants in the buildinq, no person under the
leqal aqe shall remain on the premises thirtv minutes after anv restaurant on the
licensed premises closes.
Office of Residence Life
University of Dubuque
September 8, 2004
Dear Mayor Duggan,
I am writing to you as a member of the Dubuque Area Substance Abuse
Coalition's Binge Drinking Sub-committee. As a member of this sub-committee
of the coalition, and a member of the Dubuque community, I would like to ask
you to strongly consider adopting two ordinances that will come before you on
September 20, 2004. The ordinances focus on underage access to alcohol in
bars and the practice of selling unlimited drinks for a set price or 'Buffet Style
Drinking'.
The Binge Drinking Sub-committee is comprised of representatives from law
enforcement, substance abuse agencies, the four area colleges, businesses,
Dubuque Hospitality Group, and the Dubuque Community School System. We
are committed to promoting healthy lifestyles for youth, families, and our whole
Dubuque community. Positive steps in this direction include limiting alcohol
access to underage youth and the promotion of responsible drinking by those of
legal age. These are concerns that our sub-committee has heard and are
addressing in our efforts to draft these ordinances. In addition to the draft of
these ordinances the sub-committee is working with the TIPS for the University
program to educate students at all four area colleges about addressing high risk
drinking. At the University of Dubuque we are training all of our first-year
students this fall in the TIPS program.
As a member of Student Life at the University of Dubuque it is our goal to
educate and care for our students. These two ordinances are in the best interest
of our students and will have a positive impact on alcohol abuse on our campus.
Thank you for your consideration of this important message for our community.
Sincerely,
Rick Merfeld
Director of Residence Life
Cc"'
Office of the Director of Residence Life
211 Peters Commons University of Dubuque 2000 University Avenue
Dubuque, Iowa 52001-5099 563-589-3438 Fax: 563-589-3419
Emai1: rmerfeld@dbq.edu