Code Amend Alcohol underageMEMORANDUM
March 11,2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Amendment to City of Dubuque Code of Ordinances:
Chapter 5 - ALCOHOLIC BEVERAGES - Section 5-7.2(a)
Chief of Police Kim Wadding recommends that Chapter 5 - ALCOHOLIC BEVERAGES
Section 5-7.2(a) be amended to prohibit underage persons from entering or remaining
after 9:00 p.m. in those establishment defined as those 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 Section 5-7.2.
The current ordinance prevents underage persons from entering an establishment after
9:00 p.m., but does not prevent a person from remaining inside.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Klm B. Wadding, Police Chief
THE CITY OF
MEMORANDA
Date: March 11, 2002
To:
Michael C. Van Milligen
City Manager
From: Kim B. Wadding
Police Chief
Amendment to City of Dubuque Code of Ordinances:
Chapter 5 - ALCOHOLIC BEVERAGES - Section 5-7.2(a)
INTRODUCTION:
The purpose of the memorandum is to request City Council consideration to amend Chapter 5
ALCOHOLIC BEVERAGES Sections 5-7.2(a) by adding the words or remain upon after the
word enter found in the first sentence. This addition adds the same requirement to underage
persons as required by licensees and/or his/her agents in Section 5-7.2(c) to prohibit underage
persons to remain in any establishment between the hour of nine o'clock (9:00) P.M. and closing
where more than thirty-five percent (35%) of the business is the sale or dispensing of liquor,
wine or beer except under the conditions of subsection 5-7.2(b).
BACKGROUND:
Chapter 5 - ALCOHOLIC BEVERAGES Section 5-7.2(a) and Section 5-7.2(c) outlines the
requirements for underage persons to enter and remain in an establishment where liquor, wine or
beer sales exceed thirty-five percent (35%) after 9:00 P.M. Section 5-7.2(a) prohibits persons
under the legal drinking age from entering an establishment after 9:00 P.M. but does not refer to
those remaining after 9:00 P.M. In contrast, Section 5-7.2(c) prohibits licensees or permittees, or
a licensee's or permittee's agent or employee to allow any person under the legal drinking age to
enter or remain upon the premises between the hour of nine o'clock (9:00) P.M. and closing.
The purpose of this amendment is to require the same standard to those persons under the legal
drinking age from remaining in an establishment, as defined above, after 9:00 P.M. as required
by the licensee and/or his/her agent.
DISCUSSION:
In preparation for a recent court case a discrepancy was discovered between Section 5-7.2(a) and
Section 5-7.2(c) regarding the requirements of an underage person from remaining in an
establishment after 9:00 P.M. where liquor, wine or beer sales exceed thirty-five percent (35%).
Section 5-7.2(a) states "It shall be unlawful for any person under the age for lawful
purchase and/or possession of alcoholic beverages to enter 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..."
Section 5-7.2(c) states "No licensee or permittee, or a licensee's or permittee's agent
or employee shall allow any person under the age for lawful purchase and/or
possession of alcoholic beverages to enter or remain upon the premises between the
hour of nine o'clock (9:00) P.M. and closing where the business conducted includes the
sale and dispensing of alcoholic liquor, wine or beer, except as permitted in
subsections (a) and (b) of this Section..."
By amending Section 5-7.2(a) the section extends the same standard to the underage person as is
currently required by the licensee and/or his/her agent.
RECOMMENDATION:
It is recommended that Chapter 5 - ALCOHOLIC BEVERAGES Section 5-7.2(a) be amended
to prohibit underage persons from remaining after 9:00 P.M. in those establishments defined as
those 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 Section 5-
7.2.
ACTION REQUESTED:
Request City Council consideration to amend City of Dubuque Code of Ordinances Chapter 5
ALCOHOLIC BEVERAGES, Section 5-7.2(a) by adding the words or remain upon to the first
sentence after the word enter.
Cc:
Bill Blum, City Solicitor
Jeanne Schneider, City Clerk
Preparer: William G. Blum Address: Suite 330, Harbor View Place
3{)0 Main Street
Dubuque, IA 52001-6944 Telephone: (563) 583-4113
ORDINANCE NO. 23-02
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
SECTION 5-7.2(a) UNDERAGE PERSONS PROHIBITED FROM PREMISES WHERE
ALCOHOLIC LIQUOR IS SOLD OR DISPENSED
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances sec. 5-7.2(a) is amended to
read as follows:
(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.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 18th day of March
,2002.
Terrance M. Duggan, Mayor
Attest:
. ~
Jeanne F. Schneider, CMC City Clerk
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