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Social Host OrdinanceTHE CITY OF Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Social Host Ordinance DATE: July 11, 2012 Dubuque bierd All-America City 1 2007 Chief of Police Mark Dalsing recommends City Council adoption of a Social Host Ordinance to prohibit people from hosting events and knowingly allowing underage alcohol possession and consumption on the host's premises. The Dubuque Police Department responds to a number of large parties each year where underage alcohol possession and consumption of alcohol is located. Those found to be in violation of alcohol offenses are charged accordingly. Additional penalties of Aiding & Abetting under State Code section 703.1 were often filed against the hosts of the parties as an additional enforcement tool. Another option has been the issuance of municipal infractions against the hosts to allow for abatement stipulations to prevent future incidents. In the fall of 2010, Dubuque County adopted a Social Host Ordinance prohibiting people from hosting events and knowingly allowing underage alcohol possession and consumption. After the adoption of the County Ordinance the Dubuque County Attorney's Office initially allowed the Dubuque Police Department to continue using the Aiding and Abetting charge on the hosts, but in the past several months has required that the City use the County's Social Host ordinance. Under this new system there are potentially individuals appearing on City, County and State charges, resulting in missed court dates, confusion, and issues with fine and penalty assessment. In order to remedy the situation the Dubuque Police Department and City of Dubuque Legal Department have met and created a City ordinance similar to the County ordinance, to address these offenses. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Da!sing, Chief of Police 2 Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE July 9, 2012 SUBJECT Social Host Ordinance Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION This memo will address the City of Dubuque adopting a Social Host Ordinance to prohibit people from hosting events and knowingly allowing underage alcohol possession and consumption on the host's premises BACKGROUND The Dubuque Police Department responds to a number of large parties each year where underage alcohol possession and consumption of alcohol is located Those found to be in violation of alcohol offenses are charged accordingly Additional penalties of Aiding &Abetting under State Code section 703 1 were often filed against the hosts of the parties as an additional enforcement tool Another option has been the issuance of municipal infractions against the hosts to allow for abatement stipulations to prevent future incidents DISCUSSION In the fall of2010, Dubuque County adopted a Social Host Ordinance prohibiting people from hosting events and knowingly allowing underage alcohol possession and consumption After the adoption of the County Ordinance the Dubuque County Attorney's Office initially allowed the Dubuque Police Department to continue using the Aiding and Abetting charge on the hosts, but in the past several months has required that we use the County's Social Host ordinance Underthis new system we now potentially have individuals appearing on both City, County and State charges, resulting in missed court dates, confusion, and issues withfine and penalty assessment In order to remedy the situation the Dubuque Police Department and City of Dubuque Legal Department have met and created a City ordinance similar to the County ordinance, to address these offenses RECOMMENDATION I believe that a Cay of Dubuque Social Host ordinance is warranted to properly address the serious issue of underage access to alcohol, and to reduce errors in enforcement, prosecution and penalty assessment ACTION TO BE TAKEN City Manager review and approval, and recommendation to City Council to adopt the Social Host Ordinance Prepared by Mark Dalsing Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 45 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES BY ADDING A NEW ARTICLE E, SOCIAL HOST RESPONSIBILITY, PROVIDING FOR THE REGULATION OF SOCIAL HOSTS WHEREAS, the City of Dubuque is vested with home rule authority pursuant to Article III, Section 38A of the Iowa Constitution and Chapter 364 of the Iowa Code; and, WHEREAS, the City of Dubuque has a large population of persons under the legal drinking age of twenty -one (21); and, WHEREAS, the City Council is concerned with the violation of state statutes and City of Dubuque ordinances concerning underage possession and consumption of alcohol by minors; and, WHEREAS, the City Council is concerned with the dangers of providing alcohol to minors at events, parties, and gatherings by social hosts; and, WHEREAS, local governments in different parts of the state of Iowa and nation have demonstrated that social host regulation is a mechanism to impact underage possession and consumption of alcohol; and, WHEREAS, the City Council finds that implementation of the enforcement procedures set forth in this Ordinance will promote, protect, and improve the health, safety, and welfare of the citizens of the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Police, Fire and Public Safety, Chapter 5 Offenses of the City of Dubuque Code of Ordinances is amended by adding the following new Article E: ARTICLE E. SOCIAL HOST RESPONSIBILITY 7 -5E -1: PURPOSE OF CHAPTER: The purpose of this chapter is to prohibit the consumption of alcoholic beverages by persons under the legal drinking age of twenty -one (21) at gatherings where social hosts know or have reason to know, allow, or permit underage persons to drink alcoholic beverages on property such social hosts own or control. This chapter is enacted to protect and preserve the rights, privileges, and property of the residents of the City of Dubuque and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of the residents of the City of Dubuque. 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following meaning: ALCOHOL: 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. ALCOHOLIC BEVERAGE: Any beverage in any form that contains more than one half (' /2) of one percent (1 %) of alcohol by volume including alcoholic liquor, wine, or beer. CITY MANAGER: City manager or the city manager's designee. EMERGENCY RESPONDERS: Firefighters, law enforcement officers, emergency medical service personnel, and other personnel having emergency response duties. ENFORCEMENT SERVICES: The salaries and benefits of emergency responders for the amount of time 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. EVENT, GATHERING, OR PARTY: Any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. LEGAL DRINKING AGE: Twenty -one (21) years of age or older. MINOR: A person under the age of eighteen (18). PARENT: Any person having legal custody of a minor: (A) As a natural parent, adoptive parent, or step - parent; (B) As a legal guardian; or, (C) As a person to whom legal custody has been given by order of the court. PERSON: Any individual, partnership, corporation, or any association of one (1) or more individuals. POSSESSION OR CONTROL: Actual possession or constructive possession based on facts, which permits the inference of intent to possess or control alcoholic beverages. PREMISES: 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. PUBLIC PLACE: The same as defined in Iowa Code section 123.3(27). SOCIAL HOST: A. 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 minor or under the legal drinking age, and the social host's parent(s) are: 1. Present on the premises; 2. Know or reasonably should know of the event, gathering, or party and know or reasonably should know that the consumption of alcohol is occurring; or, 3. Both the social host and the parent(s) will be held liable for violations of this chapter. UNDERAGE PERSON: Any person under the age of twenty -one (21). 7 -5E -3: SOCIAL HOST 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: A. Controlling underage persons' access to alcoholic beverages; B. Controlling the quantity of alcoholic beverages; C. 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; D. Supervising the activities of underage persons at the party; and, E. 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. 7 -5E -4: PROHIBITED ACTS: A. 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. B. 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 possesses an alcoholic beverage with the intent to consume it, and the social host 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. 7 -5E -5: EXEMPTION: This chapter 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. 7 -5E -6: AFFIRMATIVE DEFENSE: 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. 7 -5E -7: EVIDENCE OF POSSESSION AND CONSUMPTION: A. A specific legislative finding has been made by the City Council 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 test results expressed in terms of alcohol concentration, are admissible on the issue of whether a person under the legal drinking age consumed alcohol. B. A person under the legal drinking age who has consumed alcohol is presumed to have had the same in his or her possession or control prior to its consumption 7 -5E -8: PENALTIES: A. Violations of section 7 -5E -4 will be punishable as outlined in section 1 -4 -2 of the City Code. B. The City may also seek reimbursement for enforcement services provided by emergency responders related to the event, gathering, or party. 7 -5E -9: ENFORCEMENT: The city manager has primary but not exclusive enforcement responsibility for this chapter. 7- 5E -10: SEVERABILITY: If any section, provision, sentence, clause, phrase, or part of this chapter is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the chapter as a whole or any provision, section, subsection, clause, phrase, or part hereof not adjudged invalid or unconstitutional. Section 2. This Ordinance takes effect upon publication. Passed, approved and adopted the 15tnday of July , 2012. g l Roy . B I, Mayor Attest: OFFICIAL PUBLICATION ORDINANCE NO.45 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC " SAFETY, CHAPTER 5 OF- FENSES BY ADDING A NEW ARTICLE E, SOCIAL HOST RES- PONSIBILITY, PROVI- DING FOR THE REGULATION OF SOCIAL HOSTS WHEREAS, the City of Dubuque is vested with home rule authority pursuant to Article III, NOW, THEREFORE, BE' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Police, Fire and Public Safety, Chapter 5 Offenses of the City of Dubuque Code of Ordinances is amended by adding the following new Article E: ARTICLE E. SOCIAL HOST RESPONSIBILITY 7 -5E -1: PURPOSE OF CHAPTER: The purpose of this chapter is to prohibit _the consumption of alcoholic beverages by persons under the legal drinking age of twenty -one (21) at gatherings where social hosts know or have? reason to know, allow, or permit underage persons to drink alcoholic bever- ages un property such social hosts own or control. This chapter is enacted to protect and preserve the rights, privileges, and pro- perty of the residents of the City of Dubuque and to preserve and improve the peace, safety, health, welfare, comfort, and conven- ience of the residents of the City of Dubuque. 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following meaning: ALCOHOL 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. ALCOHOLIC BEVER- AGE: Any beverage in any form that contains more than one half eh) of one percent (1 %) of alcohol by volume including alcoholic liquor, wine, or beer. CITY MANAGER: City manager or the city manager's designee: EMERGENCY RE- SPONDERS: Fire- fighters, law enforce- ment officers, emer- gency- medical service personnel, and other personnel having emer- geENFORCEMENTuSER- VICES: The salaries and benefits of emergency responders for the amount of time 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. EVENT, GATHERING, OR PARTY: Any group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. LEGAL DRINKING AGE: Twenty -one (21) years of age or older. MINOR: A person under the age of eighteen (18). PARENT: Any person having legal custody of a minor: (A) As 'a natural parent, adoptive par- ent, or step- parent • (B) As a legal guardian; or, (C) As a person to whom legal custody has been given by order of the court. PERSON: Any individual, partnership, corporation, or any association of one (1) or more individuals. POSSESSION OR CONTROL: Actual pos- session or constructive possession based on facts, which permits the inference of intent to possess or control alcoholic beverages. PREMISES: Any home, yard, farm, field, land, apartment, condo- minium, 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 tem- porary 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 com- pensation. PUBLIC PLACE: The same as defined in Iowa Code section 123.3(27). SOCIAL HOST: A. Any person who aids, allows, enter- tains, organizes, super- vises, controls, or permits an event, gathering, or party. This includes but is not limited to: _ • sonable steps include, but are not limited to: A. Controlling under- age persons' access to alcoholic beverages; B. Controlling the quantity of alcoholic beverages;• C. Verifying tide 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; D. Supervising the activities of underage persons at the tparty; and, E. Notifying law enforcement of under- age possession or consumption of alco- holic beverages, and allowing law enforce: meht to enter , the premises for the purpose of stopping the possession or consumption by under- age persons. 7 -5E -4: PROHIBITED ACTS: ' A. 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 per- sons to consume alcoholic beverages, or knowingly permit or allow underage per- sons to possess alco- holic beverages on the premises, whether or not the social •host is present on the premises. • B. It is unlawful for any social hut to host an event, gathering, er party on premises when the person knows or reasonably should know that an underage person has consumed an alcoholic beverage, or possesses an alcoholic beverage with ''the intent to consume it, and the social dibst 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. 7 -5E -5: EXEMPTION: This chapter 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 pro tected religious obser- vances, or to situations where underage persons are lawfully in possession of alcoholic beverages during the course and scope of their employment. 7 -5E -6: AFFIRMATIVE DEFENSE:,, 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 al- lowed law enforcement to enter the premises for the purpose of stopping the illegal activities. 7 -5E -7: EVIDENCE OF POSSESSION AND CONSUMPTION: A. A specific legis- lative finding has been made by the City Council that prelim- inary 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 pre- liminary breath testing, including test results expressed in terms of alcohol concentration, are admissible on the issue of whether a person under the legal drinking age consumed alcohol. B. A person under the legal drinking age who has consumed alcohol is presumed to have had the same in his or her possession or control prior to its consumption 7 -5E -8: PENALTIES: A. Violations of section 7 -5E-4 will be punishable as outlined in section 1 -4 -2 of the City Code. B. The City may also seek reimbursement for enforcement ser- vices provided by emergency responders related to the event, gathering, or party. 7 -5E -9: ENFORCE- MENT: The city manager has primary but not exclusive enforcement responsibility for this chapter. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 20, 2012, and for which the charge is $104.52. Subscribed to before me otary Public in and for Dubuque County, Iowa, this t ' t,3 day of , 20 /� . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER 4 Commission Number 154585 p Section 38A of the Iowa Constitution and Chapter 364 of the Iowa Code; and, WHEREAS, the City of Dubuque has a large population of persons under the legal drinking age of twenty- one(21); and, WHEREAS, the City, Council is .concerned with the violation of state statutes and City of Dubuque ordinances concerning underage possession and con- sumption of alcohol by minors; and, WHEREAS, the City Council is concerned with the dangers of providing alcohol to minors at events, parties, and gatherings by social hosts; and, WHEREAS, local govemments in differ- ent parts of the state of Iowa and nation have demonstrated that social host regulation is a mechanism to impact underage possession and consumption of alcohol; and, WHEREAS, the City Council finds that • implementation of the enforcement proce- dures set forth in this Ordinance ' will pro- mote, protect, and improve the health, safety, and welfare of the citizens of the City of Dubuque. NOW, THEREFORE, BE'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 7, Police, Fire and Public Safety, Chapter 5 Offenses of the City of Dubuque Code of Ordinances is amended by adding the following new Article E: ARTICLE E. SOCIAL HOST RESPONSIBILITY 7 -5E -1: PURPOSE OF CHAPTER: The purpose of this chapter is to prohibit the consumption of alcofiiplic beverages by persons under the legal drinking age of twenty -one (21) at gatherings , where social hosts know or have reason to know, allow, or permit underage persons to drink alcoholic bever- ages on property such social hosts own or control. This chapter is enacted to protect and preserve the rights, privileges, and pro- ' perty of the residents of the City of Dubuque and to preserve and improve the peace, safety; health, welfare, comfort, and conven- ience of the residents of the City of Dubuque. 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following meaning: ALCOHOL :'• 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. ALCOHOLIC BEVER- AGE: Any beverage in any form that contains more than one half (Y2) of one percent (1 %) of alcohol by volume including alcoholic liquor, wine, or beer. CITY MANAGER: City manager or the city manager's designee. EMERGENCY RE- SPONDERS: Fire- fighters, law enforce- ment officers, emer- gency medical service personnel, and other personnel having duties. NOREMENT SER- VICES: The salaries and benefits of emergency responders for the amount of time 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. EVENT, GATHERING, DR- PARTY: Any ,group of three (3) or more persons who have assembled or gathered together for a social occasion or other activity. LEGAL DRINKING AGE: Twenty -one (21) years of age or older. MINOR: A person under the age of eighteen (18). PARENT: Any person having legal custody of a minor. (A) As a natural parent, adoptive par- ent, or step - parent; • (B) As a legal guardian; or, (C) As a person to whom legal custody has been given by 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 pre- mises; or, 3. The person(s) responsible for organ- izing the event, gathering, or party. B. If the social host is a minor or under the legal drinking age, and the social host's parent(s) are: 1. Present premises; 2. Know or reasonably should know of the event, gathering, or party and know or 'reasonably should know that the consumption of alcohol is occurring; or, 3. Both the social host and the parent(s) will be held liable for violations of this chapter. 1t7/20 IJNDERAGE PERSON: --- on the 7- 5E -10: SEVER - ABILITY: • If any section, sentence, clause, phrase, or part of this chapter is adjudged invalid or unconstitutional, such adjudication will not - affect the validity of the chapter as a whole . or any provision, section, subsection, • clause, phrase, or part hereof not adjudged invalid or uncon- stitutional. Section 2. This - Ordinance takes effect upon publication. Passed, approved and adopted this 16th day of July, 2012. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. - Firnstahl, City Clerk Published officially in the Telegraph Herald . newspaper on the 20th day'of July, 2012. /s/Kevin S. Firnstahl, City Clerk Any person under the age of twenty -one (21). 7 -5E -3: SOCIAL HOST 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. Rea- sonable steps include, but are not limited to: A. Controlling under- age persons' access to alcoholic beverages; B. Controlling the quantity of alcoholic beverages;• C. Verifying tbe 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; D. Supervising the activities of underage, persons at the rparty; and, E. Notifying law enforcement of under- age possession or consumption of alco- holic beverages, and allowing, law enforce: ment to enter , the premises for the purpose of stopping the possession or consumption by under - 1 age persons. 7 -5E -4: PROHIBITED ACTS: A. 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 per- sons to consume alcoholic beverages, or knowingly permit or allow •underage per- sons to possess alco- holic beverages on the Premises,, whether or 1 not the social Nhost is present qn the premises. B. 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 possesses an alcoholic beverage with the intent to consume it, and the social host 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. 7 -5E -5: EXEMPTION: This chapter 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 pro -• tected religious obser- vances, or to situations where underage persons are lawfully in possession of alcoholic beverages during the course and scope of their employment. 7 -5E -6: AFFIRMATIVE DEFENSE: 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 al- lowed law enforcement to enter the premises for the purpose of stopping the illegal activities. 7 -5E -7: EVIDENCE OF POSSESSION AND CONSUMPTION: A. A specific legis- lative finding has been made by the City Council' that prelim- inary breath screening tests (PBT's) which have been approved by the Department of Public Safety for use in public intoxication STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iow corporation, publisher of the Telegraph Herald,a newspaper of general circula published in the City of Dubuque, County of Dubuque and State of Iowa; hen certify that the attached notice was published in said newspaper on the follow