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
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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
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No bullets or numbering
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