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