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Social Host Ordinance AmendmentMasterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Mark M Dalsing, Chief of Police DATE August 14, 2012 SUBJECT Social Host Ordinance Amendment Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION This memo will address amending the City's Social Host Ordinance BACKGROUND At the July 16,2012 City Council meeting, the Council adopted a Social Host ordinance prohibiting people from hosting events and knowingly allowing underage alcohol possession and consumption on the host's premises DISCUSSION After the meeting it was determined that when the ordinance was drafted only a civil penalty was allowed By having the ordinance written this way, the ordinance limits enforcement options By adding the reference to City Code section 1 -4 -1, simple misdemeanor criminal charges would be an enforcement option to resolve a violation The City Attorney's Office also condensed subsection (0) from numbered individual points to one section RECOMMENDATION The addition of a reference to City Code section 1 -4 -1 to the ordinance allows for a criminal penalty for violations of the ordinance By making violation of the ordinance either a criminal or civil violation, it will allow officers options to determine the best way to resolve a violation and I recommend amending the ordinance ACTION TO BE TAKEN City manager review, approval and recommendation to the City Council to approve the amendment to the Social Host ordinance Prepared by Mark Da!sing THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi July 9, 2012 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Social Host Ordinance 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. 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 we use the County's Social Host ordinance. Under this new system we now potentially have individuals appearing on both 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. 1 CONCLUSION & RECOMMENDATION I believe that a City 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 REQUESTED City Manager review and approval; and recommendation to City Council to adopt the Social Host Ordinance. 2 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 46-12 AMENDING ORDINANCE 45 -12 WHICH AMENDED 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, CLARIFYING THE DEFINITION OF SOCIAL HOST AS DEFINED IN SECTION 7 -5E -2 AND ESTABLISHING THAT A VIOLATION OF SECTION 7 -5E -4 IS A MUNICIPAL INFRACTION OR MISDEMEANOR NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7 -5E -2 of the City of Dubuque Code of Ordinances is amended as follows: 7 -5E -2: DEFINITIONS: The following words and phrases, when used in this chapter, have the following meaning: 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 present on the premises and know or reasonably should know of the event, gathering, or party and know or reasonably should know that the consumption of alcohol is occurring, the parents are also social hosts. Section 2. Section 7 -5E -8 of the City of Dubuque Code of Ordinances is amended as follows: 7 -5E -8: PENALTIES: A. A violation of section 7 -5E -4 will be punishable as outlined in either section 1 -4 -1 or 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. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 20thday of August Attest: Kevin S. , irnstahl, Cit , 2012. Roy D. col, Mayor `SECTION 7 -5E -2 AND event,, gathering, or OFFICIAL ESTABLISHING THAT party 'and know or PUBLICATION p VIOLATION OF reasonably should ORDINANCE N0.46 -12 SECTION 7 -5E-4 IS A .know that the 1' AMENDING ORDI MUNICIPAL INFRAC- consumption of alcohol NANCE 45-12 WHICH TION OR ISDE- is occurring, the AMENDED CITY OF MEANOR parents are also social DUBUQUE CODE OF . NOW, THEREFORE, hosts ORDINANCES TITLE 7 BE IT ORDAINED BY POLICE, FIRE AND THE CITY COUNCIL Section 2. Section 7- PUBLIC SAFETY, OF THE CITY OF SE -8, of the City of CHAPTER 5 OF- I. DUBUQUE, IOWA: Dubuque Code of FENSES BY ADDING A Section 1. Section 7 oedln&hCe5 is amended, NEW ARTICLE SE 2 of the City of as follows: SOCIAL HOST RES- Dubuque Code of 7 -SE -8: PENALTIES; PONSIBILITY, CLARI- Ordinances is amended A. A .violation of FYING THE DERNI- ry is follows. section. 7-SE-4 will be TION OF SOCIAL 7-5E-2: DEFINITIONS punishable as outlined HOST AS DEFINED IN The following words in either section 1 -4 -1 -and phrases, when or 1,4 -2 .of the City . used, in this chapter, Code- The City may also have the following meaning: seek reimbursement. for enforcement ser SOCIAL HOST* vices• provided by A.' Any person who emergency responders _aids allows, enter- related to the event, VoYganizes, super gathering, or party. �isesr cohtrols, or Section 3: This P ermits an event, Ordinance takes effect gathering, or, parry. upon publication. This includes but is not and Passed theo20th limited to: , 1. The person who day of August, 2012- owns, rents, leases, or /s /Roy D. BU01, Mayor otherwise has control ' Attest: /s /Kevin S. of the premises where Firnstahl, CMC, City the event, gathering, or ClPeubli'shed officially in party takes place; 2. The person(s) in the :Telegraph- Herald on the charge of the mewspaper gust 2012.4th day of premises; or, 3. The person(s) /s /K vig City C ehk responsible for organ- izing the event, it 8/24 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 present on the premises and know or reasonably should know of the 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: August 24, 2012, and for which the charge is $24.80. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 9i day of , 20 �. Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER daMM1111 on hlumblt 484266 19L41L 4. EFFECT OF AMENDMENT 7 -5E -2 DEFINITIONS The following words and phrases, when used in this chapter, have the following meaning 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 B If the social host is a minor or under the legal drinking age, and the social host's parent(s) are_ 1 Ppresent on the premises and 2 Kknow or reasonably should know of the event, gathering, or party and know or reasonably should know that the consumption of alcohol is occurring, the parents are also social hosts , or, 3 Both the social host and the parent(s) will be held liable for violations of this chapter 7 -5E -8 PENALTIES A A Vviolations of section 7 -5E -4 will be punishable as outlined in either section 1- 4 1� or 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 - Formatted: Indent: Left: 1 ", Hanging: 0.5 ", No bullets or numbering Formatted: Indent: Hanging: 0.5" Formatted: Indent: Left: 1" 1