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Alcoholic Bev Ord Changes Ltrs ;íY//ÍÎ c-g;AAi ARE A SUB S TAN C E ABU SEe o~îTJ 0 N Dubuque City Clerk First floor of City Hall 50 W. 13th Street Dubuque, IA 52001 September 24, 2004 Dear Dubuque City Clerk, I am contacting you on behalf of the members of the Dubuque Area Substance Abuse Coalition to formally request time at the October 4, 2004, Dubuque City Council meeting for 4 members of our coalition to speak. They will speak to the city council in regards to the second reading of the 2 ordinances before the council. The 2 ordinances would prohibit 'all you can drink' specials for one price, and prohibit underage persons in bar/restaurant establishments Y, hour after the restaurant closes. These members represent the broad spectrum of people and groups involved in the coalition. The 4 members who are requesting time are: Mr. Garrv Heiar President of the Dubuque Hospitality Group & owner of the Moracco Supper Club 1413 Rockdale Rd. Dubuque, IA 52003 (563) 582-2947 garryheiar@hotmailcom Ms. Kathv Davis Counselor at Northeast Iowa Community College, Dubuque and Peosta Campuses 10250 Sundown Rd. Peosta, IA 52068 (563) 556-5100 Ext. 215 davisk@nicc.edu Ms. Eileen Sullivan Vice President of Student Affairs at Loras College 1450 Alta Vista St. Dubuque, IA 52001 (563) 588-7100 eileen.sullivan@lorasedu Mr. John Torres TIPS (alcohol education & server training) Trainer and Food & Beverage Manager at Greyhound Park and Casino 1855 Greyhound Park Rd. Dubuque, IA 52001 (563)582-3647 Ext. 131 iohnt@dgpc.com These members will be clear and brief in their comments. Thank you. SJ}~=4~ Dean Nelson Dubuque Area Substance Abuse Coalition Coordinator Page I ofl Jeanne Schneider From: To: Sent: Subject: "Kathy Davis" <Davisk@nicc.edu> <jschneid@cityofdubuque.erg> Tuesday, September 28, 2004 7:48 AM City Council Meeting Jeanne, I am requesting to speak to the City Council on October 4, 2004 regarding the proposed changes in the Drinking Ordinance for the City of Dubuque. I represent Northeast Iowa Community College on the Dubuque Area Substance Abuse Coalition. Thank you for you time, Kathy Davis Kathy Davis, Counselor Northeast Iowa Community College davisk@nicc.edu 1-800-7287367 9/28/2004 September 28, 2004 Dear Mayor Terry Duggan, The ordinances that are coming before the City Council on October 4 and October 18, for a second and third reading, respectively, have been part of an effort by the Binge Drinking Sub-Committee, where I serve as the Chairperson and as a resource person. I would like to let you know that I am available to answer any questions that you may have about the coalition or the ordinances. The ordinances are part of a much larger community based effort to address the problem of substance abuse in Dubuque with the goal of making Dubuque a safer and healthier community. The ordinances are just a part of this effort. The Binge Drinking sub-committee has been working closely with the 4 colleges in the Dubuque area (Clarke, Loras, NICC, and University of Dubuque), Law Enforcement, Substance Abuse Services Center (SASe), Dubuque Hospitality Group, Dubuque Community Schools, and Dubuque Greyhound Park and Casino. We have also been working with bar owners, alcohol servers and colleges to provide opportunities for them to participate in TIPS training (Training for Interventions Procedures). The sub- committee has provided many opportunities for bar/restaurant owners, colleges - students and staff - to receive other information and educational services. We feel that with this comprehensive approach and community wide effort in various forums, we have made a significant step toward changing norms and attitudes concerning substance abuse in Dubuque. If you have any questions about the coalition, sub-committee or these ordinances, please feel tree to contact me. I would be happy to talk with you. Sincerely, Lynn Boffeli, CPSII Binge Drinking Sub-Committee Chairperson Helping Services for Northeast Iowa (563)582-5317 I bo ffeli (à)hel pingservi ces. org www.helpingservices.org Dubuque City Clerk First floor of City Hall 50 W. 13th Street Dubuque, IA 52001 September 28, 2004 Dear Dubuque City Clerk, I am contacting you on behalf of the Dubuque Area Substance Abuse Coalition to formally request time at the October 4,2004, Dubuque City Council meeting. My name is John Torres and I am a TIPS (alcohol education & server training) Trainer and the Food & Beverage Director at the Dubuque Greyhound Park & Casino 1855 Greyhound Park Rd. Dubuque, IA 52001 (563) 582-3647 Ext. 131 iohnt@dgpc.com Thank you. Sincerely yours, John L. Torres Food and Beverage Director Dubuque Greyhound Park & Casino 1- J. ¡ - '" 'i /' /, ). i L (;; ~-"~l 11c'- "'".0 . 1!'oC>.d,,~r . :t:J~~ rJ'õr't, (.11-7 THE MORÞ.CCO !h 'G"-" í.'~, 1413 Rockdale [-¡d. Dubuque, 1f..c:>oO~ 5"Jl-111.-f7 v), C.- c Ä ~f"t<i?, !)tL b (/17 ( L (-'V' ({ . '- , Û"" Be~<.f+ vi øg¡r {)f~'}"ì"'(ze,+,',,.h. 1: cv o.~ I.. j L . k (Ô. 1- < 5' r <? <. I( "- -f t h -e c) d L¡ (+';1 (v,~'^ Lit!. A-{~e.f('h'jJ ~v ,1/ 'Î v" €- 1"1 .r,.. vø,~ c:f. ft¡e vv"'-'!~"i-t"""" G- ('" Pc<)) ""'J. ,C) f~ ~~ I~ J-",~é~ /lo~p.'¡<,C 1(/ iJ.-t b - (Í1 qFf~~ (Q¥'r-1 ~e,'C(r- ¿) )/,A /Ý1c,;L ,CcJ~ Page 1 of I Jeanne Schneider From: To: Sent: Subject: "Eileen G. Sullivan" <Eileen.Sullivan@loras.edu> <jsch neid@cityofdubuque.org> Wednesday, September 29,2004 12:54 PM request to add res City Council on October 4 Jeanne: I was told by Dean Nelson of Helping Services of Northeast Iowa that I needed to submit an individual request to the Office of the City Clerk, requesting permission to speak at the second reading of the proposed ordinance currently before the City Council. As you know, the ordinance includes a provision that would ban buffet style drink specials. From my perspective this is a really critical component of the ordinance, as these specials serve no purpose but to promote rapid consumption, which of course is irresponsible use. Please consider this electronic communication my request to speak at the October 4 City Council meeting at which time the proposed ordinance will be read for a second time. Over the past month and a half, I have worked with Barry Lindahl, Esq., City Attorney, providing him with information that would be helpful to City Council members as they: wade through information, hear points made by those opposed to and those in favor of the ordinance; weigh and consider the information; and, ultimately, attempt to make an informed decision regarding enacting such an ordinance. As I was in attendance at the first reading of the ordinance, and heard one bar owner, Kevin of One Flight Up, speak in opposition to the ordinance, I was hoping that that evening those in support of the ordinance would be given time to speak. Perhaps at the October 4 meeting, I, and perhaps others in support of this ordinance will be afforded the opportunity to briefly address the Council. Some of Kevin's comments were anecdotal and not grounded in factual information. From the standpoint of a college administrator who has spent 15 years working in higher education, at three different institutions in three different states, I'd like to have the opportunity to make sure that City Council members have all of the information (supported by evidence and grounded in research) that will assist them in making an informed decision. My understanding is that ordinances are designed to protect the citizenry. And I believe this one is intended to do just that. I look forward to hearing from you and I thank you for your consideration. Eileen G. Sullivan, Ph.D. Vice President for Student Development Loras College 1450 Alta Vista Dubuque, IA 52001 (563) 588-7104 (Office) (563) 588- 4945 (Fax) eileen.sullivan@loras.edu (E-mail) 9/29/2004 September 2, 2004 The Honorable Mayor and City Council Members City of Dubuque 50 Wèst 13th Street Dubuque, IA 52001 NI;IGI-IBOIH' OOD ASSOCIATION Dear Mayor Duggan and City Council Members, The Historic Bluffs Neighborhood Association (HBNA) wishes to express their strong support of the Dubuque AII:a Substam:e Abuse Coalitions recommendations for two new ordinances: . 5-9 . 5-7.2 relating to buffet-style drinking, and modification relating to Under 21 & After 9 pm HBNA has worked for over two decades to improve the quality of life in and around our neighborhood. We are in fun support of the efforts to create ordinances that foster an atmosphere promoting responsible entertainment and alcohol consumption. We appreciate your careful consideration and implementation these ordinances. Sincerely, ~ ()JAec&~ Cheryl Whalen, President On behalf of Historic Bluffs Neighborhood Association cc: Dubuque City Clerk, Jeanne Schneider " ~Al~ 'aßéj::2~.' /----.. // :; /~~V-/ Pre parer: William G. Blum Address: Suite 330 Harbor View Place 300 Main Street Dubuque, IA 52001 Telephone: /563) 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 Facilitv: 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. Attest: Jeanne F. Schneider, City Clerk 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 event, 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. ~Á-Lß~ Attest: Jeanne F. Schneider, City Clerk 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. ,)1¡,i.(C/iJJY ¡ L « k (, '1. '\. MicÍ1ael C. Van Milligen - MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim B. Wadding, Chief of Police i5U~~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 Totai Calls Disturbances Public Morals Difference % Bricktown 59 10 7 133 23 14 125.42% PI avers 35 16 0 61 19 6 74.29% Bodines 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 Tuesdavs 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, 8., 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. Underaae drinking: . 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 bim:¡eina (a 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. EFFECT OF AMENDMENT Sec. 5-9. Buffet Sales Prohibited: fa) 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. fb) Nothin!:l 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: f1) Includina servinas or drinks of alcoholic liQuor. beer. or wine as part of a hotel or motel packaae which includes oyerniaht accommodations: f2) 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 fa) 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. 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 Facílítv: 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 thirtv-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 <c. Office of the Director of Residence Life 211 Peters Commons University of Dubuque 2000 University Avenue Dubuque, Iowa 52001-5099 563-589-3438 Fax: 563-589-34t9 Email: rmerfeld@dbq.edu