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HomeMy WebLinkAbout2000-10-03 Correspondence City of Iowa City MEMORANDUM TO: City Council and City Manager FROM: Kevin O'Malley, Finance Director~'~.2,,,FcvL' DATE: September 28, 2000 RE: Certificate of Achievement for Excellence in Financial Reporting - Fiscal Year Ended June 30, 1999 The City of Iowa City has been awarded the Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1999. A certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employer retirement systems whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. The City has received the award for each of the past 15 years. This award was achieved through the hard work and diligence of our Accounting staff. Clean Air F 'P.O. Box 308  Iowa City, Iowa 52244-0308 Phone: 319-338-1494 clean Air For Everyone October 3, 2000 Dear Iowa City City Council Members, There is no safe level of exposure to tobacco smoke. The U.S. Surgeon General has concluded secondhand smoke "is a cause of disease, including lung cancer in healthy non-smokers." Therefore, the Johnson County Tobacco Free Coalition request that the City of Iowa City pass a smoke-free restaurant ordinance making all restaurants in Iowa City totally smoke-free. The citizens of Iowa City support this action. In a recent poll (Clean Indoor Air Survey, Aug 15 2000, RMA Inc) 68% felt that second hand smoke is a personal health risk. 84% believed that separating smokers and non-smokers does not solve the problem. Environmental tobacco smoke, like asbestos, is a Class-A carcinogen. Therefore, there is no safe level of exposure to environmental tobacco smoke. Every breath you take in a smoky restaurant damages your health. Smokefree restaurants are common sense, cormnon courtesy and save lives. A smoke-free restaurant ordinance: * Is about public health - it protects restaurant employees and patrons from secondhand smoke. · Protects children, the elderly and anyone with allergies, asthma or other breathing problems. · Does no harm to business. Study at~er study has shown that, quite simply, there is no adverse economic effect, period. For these reasons, the Johnson County Tobacco Free Coalition' s "Clean Air For Everyone" campaign urges you strongly to support the passage of a smoke-free restaurant ordinance in Iowa City. Respectfully yours, Eileen Fisher Peter Wallace Beth Ballinger Members, Johnson County Tobacco Free Coalition - Clean Air for Everyone (CAFIg) Smoke Free Restaurants It's a Health Thing Did you know that every breath you take in a smoky restaurant could damage your health? Why? · Secondhand smoke is a Class A carcinogen, meaning that there is no safe level of exposure. · The U.S. Surgeon General concluded that secondhand smoke, "is a cause of disease, including lung cancer in healthy non-smokers". · It's particularly dangerous to children, the elderly and anyone with allergies, asthma or other breathing problems. · Restaurant workers, many of whom arc teenagers, have no choice but to inhale secondhand smoke for hours at a time, increasing these risks tremendously. Our Citizens say... · 68% of Iowa City residents polled believe secondhand smoke is a personal health risk. · 88% of Iowa City residents polled prefer visiting businesses where there is no smoking. · 83.8% of Iowa City Residents polled agree that separating smokers and non-smokers does not eliminate the exposure of non-smokers to secondhand smoke. Smoke-flee restaurants - good sense, good health and good business AN ORDINANCE TO PROVIDE FOR SMOKE-FREE ENVIRONMENTS IN RESTAURANTS WHEREAS, there is a substantial body of scientific research showing that breathing environmental tobacco smoke (ETS) is a significant health hazard for nonsmokers, as evidenced by the United States Environmental Protection Agency's risk assessment classifying ETS as a group A carcinogen; and WHEREAS, numerous other studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing second-hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and WHEREAS, according to a study done by RMA in August 2000, 93% of the people in Iowa City and Coralville believe that second-hand smoke is a health risk, and 74% support restrictions on smoking in public places; and WHEREAS, it is in the best interest of the people of the City of Iowa City to protect the health of persons affected by the smoking of others while in indoor areas open to the public, public meetings, food service establishments, and places of employment by restricting involuntary exposure to environmental tobacco smoke; and THEREFORE, the purpose of this ordinance is to preserve and improve the health, comfort, and environment of the people of the City of Iowa City by further limiting exposure to environmental tobacco smoke. SECTION 1 DEFINITIONS: 1. BAR means an establishment or portion of an establishment where one can purchase and consume alcoholic beverages as defined in the Iowa Code section 123.3, subsection 4, but excluding any establishment or portion of the establishment having table and seating facilities for serving of meals to more than fifty people at one time and where, in consideration of payment, meals are served at tables to the public. 2. FOOD SERVICE ESTABLISHMENT means any indoor restaurant or other area open to the public or portion thereof in which the business is the sale of food for on-premises consumption. 3. PUBLIC MEETING means a gathering in person of the members of a government body, whether an open or a closed session under chapter 21. 4. SMOKING means the carrying of or control over a lighted cigar, cigarette, pipe or other lighted smoking equipment. 5. PUBLIC PLACE means any enclosed indoor area used by the general public or serving as a place of work containing two hundred fifty or more square feet of floor space, including, but not limited to, all restaurants, all retain stores, lobbies and malls, offices, including waiting rooms, and other commercial establishments; public conveyances with departures, travel, and destination entirely within this state; educational facilities; hospitals, clinics, nursing homes, and other health car and medical facilities; and auditoriums, elevators, theaters, libraries, art museums, concert halls, indoor arenas, and meeting rooms. "Public Place" does not include a retail store where tobacco or tobacco products are sold, a private, enclosed office occupied exclusively by smokers even though the office may be visited by nonsmokers, a room used primarily as the residence of students or other persons at an educational facility, a sleeping room in a motel or hotel, or each resident's room in a health care facility. The person in custody or control of the facility shall provide a sufficient number of rooms in which smoking is not permitted to accommodate all persons who desire such rooms. 6. EMPLOYEE means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, any person who volunteers his or her services a non-profit entity. 7. RESTAURANT means a food service establishment whose sale of alcohol accounts for less than fifty percent of the establishment's gross receipts. SECTION 2 PROHIBITIONS: A. Smoking in a public place which is a restaurant is prohibited in Iowa City. B. Such restaurant shall be designated as a no smoking area. C. Notwithstanding the forgoing provisions, this ordinance does not apply to bars and private residences. SECTION 3 POSTING OF SIGNS: A person having custody or control of a public place or public meeting shall cause signs to be posted within the appropriate areas of the facility advising patrons of smoking and no-smoking areas. In addition the statement "Smoking prohibited except in designated areas" shall be conspicuously posted on all major entrances to the public place or public meeting. SECTION 4 REASONABLE DISTANCE: Smoking shall occur at a reasonable distance outside any enclosed area where smoking is prohibited by this Ordinance to insure that tobacco smoke does not enter the restaurant through entrances, windows, ventilation system or any other means. SECTION 5 ENFORCEMENT: A. Enforcement of this Ordinance shall be implemented by the City of Iowa City, or his or her designee. B. Notice of the provisions set forth in this Ordinance shall be given to all applicants for a business license in the City of Iowa City. C. Any citizen or other affected person who desires to register a complaint under this chapter may initiate enforcement with the City of Iowa City. D. The Johnson County Department of Health and the Fire Department shall require, while a restaurant is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such restaurant that all requirements of this Ordinance have been complied with. E. Any owner, manager, operator or employee of any restaurant regulated by this Ordinance shall inform persons violating this article of the appropriate provisions thereof. SECTION 6 VIOLATIONS AND PENALTIES: A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Ordinance to fail to comply with any of its provisions. B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Ordinance. C. Any person who violates any provision of this Ordinance shall be guilty of an infraction punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1 ) year. 3. A free not exceeding five hundred dollars ($500) for each additional violation within one (1) year of preceding violation. SECTION 7 SEVERABILITY: If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable. SECTION 8 EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days from and after the date of its adoption. Passed and approved this day of ,2000 MAYOR ATTEST: CITY CLERK Approved by City Attomey's Office ~ 0-03-00 [ Marian Karr 4g(2) From: S LWestcott@aol. com Sent: Tuesday, September 26, 2000 1:04 PM To: cou ncil@iowa-city. org Subject: Smoking issue Please don't let anymore special interest groups interfere with our freedom. From the Federal Gov. down to the city level we have been hit with all kinds of rules and laws on smoking. Where and where we can not smoke. Please do not interfere with the private sector. Let the restaurant owners decide what policies they wish to enforce. There are many restaurants that are smoke free now, so people do have a choice. Don't make it so some of us have no choice. Thank you Shirley Westcott I 0-03-00 Marian Karr 4g(3) From: 2nd email for gljohnso [geoff@arthur.avalon.net] Sent: Tuesday, September 26, 2000 10:04 PM To: council@iowa-city.org Subject: Smoking in Restaurants Issue Dear Council, I understand that there is a discussion of the expected proposition to ban smoking in Iowa City restaurants. I intend to be in attendence at the next several city council meetings, but in case I can not be, I wish to state my opinion on the matter. I myself am not a smoker. I choose not to smoke because it is a dirty, smelly, and unhealthy habit. I have no problems however, with those whom choose to smoke for what ever reasons they do so. I do have problems with people smoking in enclosed places open to the public though. It is a public health hazard to subject unwilling people to cigarette smoke. Some people may claim that smoking and non-smoking sections negate the secondhand smoke factor, but a number of non-smoking sections are not well defined. They often have no wall, though a fair number have a four foot wall or some other sort of innefective partition which allows smoke to waft over, around, or through it to the non-smoking section. A number of restaurants also have no smoking sections in the back of the restaurant, so non-smokers have to walk past or through the smoking section to get to the non-smoking section. Carlos O'Kelly's and TGI Fridays are a couple of examples of this. Both also have the waiting area near the smoking section. Personally, I have been greatly inconvenienced by smoking in restaurants. I have always had a dislike for cigarette smoke, but in April I had sinus surgery. Afterwards, for 3 months, I was unable to go around smoke at all. Had I done so, a great deal of damage could have been done to my sinuses, nose, and my lungs and throat which would probably get infected by bacteria from the blood likely to drain down my throat. In addition, I would have experienced a great deal of pain. I also was unable to be around smoke for one week prior, as I was unable to take my allergy medications a week before surgery. My surgery restricted me to my house for some time on its own, but afterwards, cigarette smoke prevented me from going to a number of places I enjoyed going. I spent close to a month eating liquids and mashed potatoes, and other soft foods at home, and when I was finally able to leave the house, I was greatly restricted on my choice of dining. I strongly urge you to pass this ordinance. It will eliminate much of the danger to the health of the citizens of Iowa City, and improve the cleanliness and visibility of our restaurants. Geoffrey L. Johnson 2687 Concord Circle C oN s 7 qs7~ l'?~,v 7~/ T l'J['O" Mr. William !!ascbamgel 620 5th Ave. Iox~,a City, IA 52245-4529 From: Garymindy@aol.com Sent: Tuesday, September 19, 2000 7:44 PM To: council@iowa-city.org Cc: gary-j-russell@uiowa.edu Subject: Street Repair Near Regina School I live on the East side of Iowa City and regularly drive to work along Rochester Blvd. I am writing to complain about a road repair in front of Regina School. This repair (completed near the end of August) basically repainted the yellow lines on the road to allow for a turning line. Unfortunately, the repair team did an extremely poor job of painting out the old lines. A poor quality white paint was used -- and it didn't work well. You can easily see the old lines along with the new lines. This is a safety hazard -- particularly at night. In poor lighting, it's very hard to figure out which lines ought to be obeyed. I've seen cars swerving back and forth due to the driver's confusion. I would appreciate it if you would forward this email to the relevant city department. Please ask the supervisor to drive out to Regina School and inspect the work for himself or herself. Thanks ... Gary Russell 30 Heron Circle, Iowa City From: Jeff Davidson Sent: Tuesday, September 26, 2000 10:38 AM To: 'garymindy@aol.com' Cc: *City Council Subject: Your email of 9/19/00; Rochester Avenue pavement markings Hello Gary. Your email asking about the Rochester Ave pavement markings was forwarded to me for response. The old centerline from the 2-lane pavement markings was not painted out, a grinding machine was used to grind it off. The "line" you are seeing is the freshly ground white concrete, which is unfortunately a byproduct of this process. This will gradually disappear as oil and weathering darkens it to the same shade as the rest of the pavement. Motorists have been very good about being cautious as they get used to the new 3-lane section, and we have not had any serious problems. Next year this section of Rochester Ave will be milled and new brighter, more permanent pavement markings installed. From: Garymindy@aol.com Sent: Tuesday, September 26, 2000 8:13 PM To: Jeff_Davidson@iowa-city.org Cc: Council@iowa-city.org Subject: Re: Your email of 9/19~00; Rochester Avenue pavement markings Dear Mr. Davidson, Thank you for your note. I appreciate your explaining how the repair job was done. However, the fact remains that the old lines still have visible yellow paint showing. The lines are not just white concrete. Perhaps, the repair crew did not grind down the pavement sufficiently. If you have not done so already, I would appreciate it if you would drive out to the Regina School on Rochester and inspect the work yourself. i'm skeptical that the old yellow lines will fade any time soon. -- Gary Russell .... urlglnal Ivlessage ..... 1 o-o3-oo From: Scott Wright [mailto:wright@blue.weeg. uiowa.edu] Sent: Wednesday, September 27, 2000 4:54 PM To: council@iowa-city.org; jschnake@ci.coralville.ia.us; khayworth @ci. coralville. ia. us Subject: Pedestrian Safety I do not know who to address this to specifically. If I am not sending this to the right place, then please notify me and forward it where it needs to go. I am concerned about pedestrian safety where Mormon Trek goes under the rail road bridge near the Hawkeye Apartments. Looking at a map, it appears that the rail road is the boundry between Coralville and Iowa City. Understandably, one city can easily pass the buck and avoid responsibility for this problem. Like many people, I live in the University's Hawkeye Court apartments and communte to school, often by bicycle, via the pedestrian trail that runs from this location to the University campus. My wife, my two small children, and many of my neighbors also cross the street here regularly. I dare any of you, at any hour of the day, to cross the street at this location. I understand that there is some planning or consideration for widening this section of Mormon Trek. Is this correct? What consideration is being made for correcting this problem? I suggest one of the following solutions: a pedestrian bridge a pedestrian tunnel button activated traffic light and crosswalk What direction/advice do you have for a pedestrian who must regularly risk crossing this street? I recognize that this may be confidential-but I often wonder if anyone has died crossing the street there. Thanks! scott wright From: Jeff Davidson Sent: Wednesday, September 27, 2000 5:19 PM To: 'wright@blue.weeg.uiowaedu' Cc: Madan Karr Subject: FW: Pedestrian Safety Hello Scott. I am the Traffic Engineering Planner for the City of Iowa City. The Cities of Coralville and Iowa City are beginning a 2-year project this fall which will reconstruct the Mormon Trek BIvd corridor between Melrose Ave and First Ave in Coralville. The reconstruction will include sidewalks on both sides of the street, and the RR viaduct will be reconstructed and widened so that sidewalks will fit underneath. Visibility for a pedestrian crossing the street will be greatly enhanced. So there are improvements in the works, but they will take a couple of years to complete. In the meantime I would encourage you to continue to be very careful when walking in this area. Fortunately I am not aware of any pedestrian injuries or fatalities that have occurred in the area. City of Iowa City MEMORANDUM Date: September 18, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner Fie: Installation of NO PARKING HERE TO CORNER sign on the east side of the 900 block of Webster Street. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. This action will occur on or shortly after October 4, 2000. Action: Pursuant to Section 9-1-3A(10), of the City Code, signage indicating NO PARKING HERE TO CORNER will be erected on the east side of the 900 block of Webster Street near the intersection with Page Street. Comment: This action is being taken to protect a municipal fire hydrant on the southwest corner of the intersection of Page Street and Webster Street. Iw/mem/jd-webster. doc City of Iowa City MEMORANDUM Date: September 18, 2000 To: City Clerk From: Jeff Davidson, Acting JCCOG Traffic Engineering Planner 7111f/ Re: Installation of STOP sign on Village Road at the intersection with Wellington Drive. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. This action will occur on or shortly after October 4, 2000. Action: Pursuant to Section 9-1-3A(5), of the City Code, signage indicating STOP will be erected on Village Road at the intersection with Wellington Drive. Comment: With the acceptance of the public improvements for the final OPDH and site plan for Lots 46 and 47 of Village Green Part XVII, it is necessary to erect signage indicating vehicles on Village Road are required to stop at the intersection with Wellington Drive. There are two intersections of Village Road and Wellington Drive; this is the intersection adjacent to Scott Boulevard. Iw/mem/jd-villagerd.doc City of Iowa City MEMORANDUM ..... TO: City Clerk FROM: Jeff Davidson, Acting JCCOG Traffic Engineering Planner DATE: September 26, 2000 RE: Item for October 3 City Council Meeting Agenda: Installation of STOP signs on Commerce Drive and Independence Road at the intersections with 420th Street As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(5) of the City Code, signage indicating STOP will be erected on Commerce Drive and Independence Road at the intersections with 420th Street. Comment This action is being taken to assign the right-of-way at these intersections within the Scott-Six Industrial Park. City of Iowa City MEMORANDUM TO: City Clerk FROM: Jeff Davidson, Acting JCCOG Traffic Engineering Planner ~'~ DATE: September 26, 2000 RE: Item for October 3 City Council meeting agenda: Installation of pavement markings on Ruppert Road at the intersection with Iowa Highway 1 As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. This action will occur, weather permitting, before October 16, 2000. Action Pursuant to Section 9-1-3A(2) of the City Code, pavement markings indicating one entrance lane and two exit lanes will be painted on Ruppert Road at the intersection with Iowa Highway 1. Comment Ruppert Road is being repainted to have two exit lanes and one entrance lane. This action is being taken to improve congested conditions during peak traffic periods. 10-03-00 City of Iowa City · MEMORANDUM TO: City Clerk FROM: Jeff Davidson, Acting JCCOG Traffic Engineering Planner '~'~'/ DATE: September 26, 2000 RE: Item for October 3 City Council meeting agenda: Installation of pavement markings and NO PARKING signs on Summit Street at the intersection with Kirkwood Avenue As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. This action will occur, weather permitting, before October 16, 2000. Action Pursuant to Section 9-1-3A(2) of the City Code, pavement markings indicating one entrance lane and two exit lanes will be painted on Summit Street at the intersection with Kirkwood Avenue. Signage will be installed indicating NO PARKING ANY TIME on the west side of Summit Street between Sheridan Avenue and the bridge over the Iowa Interstate Railroad. Comment Summit Street is being repainted to have two exit lanes and one entrance lane. This action is being taken to improve congested conditions during peak traffic periods. The establishment of NO PARKING ANY TIME on the west side of Summit Street between Sheridan Avenue and the bridge will increase the safety of southbound turning movements from Sheridan Avenue onto Summit Street. - ~ ,, -_-, . . EPPiI IG UP cr A COMMUNrrY AND CAMPUS COALITION TO REDUCE BINGE DRINKING THE UNIVERSFI'Y OF IOWA ,, IOWA CITY · CORALVILLE DATE: 9-28-2000 "~::- ~-'--z~ ,, ~ .. I MEMO TO: Iowa City Council Members - FROM: Julie PhyelStepping Up !~ ~ .-7 RE: Alcohol Purchase Survey Hello, You may find the enclosed document helpful in your considerations of the alcohol issue. This is an abbreviated version. I will provide Andy Matthews with the comprehensive guide. If you would like a copy of the 35 page document, please let me or Andy know and I can gladly send you one. Thanks. The Stepping Up Project 319-335-1349 or 319-353-2529 S-20 Carrier Hall Fax: 319-353-2527 Julie Phye, Ph.D, Coordinator Oj~ U.S. Department of Justice Office of Justice Programs Office of Juvenile Juslice and Delinquency Prevention Guide to Conducting Alcohol Purchase Surveys Pacific Institute '. In support of the OJ~DP E~farci~g t~e ..... ~,,.~. g~erage Drinking Le~s Program This project was supported by Award No. 98-,4H-F8-O l l 4, awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view o.r opinions in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. This document was written by Joel W. Grube, Ph.D., and Kathryn Stewart of the Pacific Institute for Research and Evaluation. The authors wish to acknowledge Robert W. Carpenter, also of Pacific Institute, and K. Michael Cummings, Ph.D., M.P.H., Director of the Roswell Park Cancer Institute, Buffalo, NY, for their work on tobacco outlet inspections, which formed the basis for parts of this document. The authors would like to thank Patricia A. Madden of the Prevention Research Center in Berkeley, CA, for her assistance in reviewing earlier drafts of the manuscript.' In addition, the authors wish to thank the advisors to Pacific Institute on the Enforcing the Underage Drinking Laws initiative who provided invaluable insights and suggestions that clarified and improved the final document. Field Advisors Mike Lowther James E. Coppie Director Executive Deputy Director Southwest Center for the National Crime Prevention Council Application of Prevention Technologies Johnnetta Davis University of Oklahoma Director, Special Field Services The Underage DrinMng Sandra Miscovich Enforcement Training Center Program Director Pacific Institute The Alaska Council on Prevention of Alcohol and Drug Abuse, Inc. Gary Fisher, Ph.D. Director Diane Riibe Western Center for the Application Executive Director of Prevention Technologies Project Extra Mile University of Nevada Cheryl Vince-Whitman and Gerald F. Jaker, Ed.S. Michael Rosati Project Director Northeast Center for the Central Center for the Application Application of Prevention of Prevention Technologies Technologies Minnesota Institute of Public Health Education Development Center, Inc. Law Enforcement Advisors Lt. Col. Robert C. Hickes Ben Click Deputy Commissioner of Staff Chief of Police Pennsylvania. State Police City of Dallas Police Department Captain Mark Willingham Manuel R. Espinoza Youth & Alcohol/Tobacco Chief Deputy Director Program Administrator California Department of Alcoholic Florida Division of Alcoholic Beverage Control Beverages and Tobacco Gregory M. Hamilton Partner Organizations Chief Bobby Heard Enforcement and Marketing Mothers Against Drunk Driving Practices Texas Alcoholic Beverage Clifford Karchmer Commission Police Executive Research Forum Officer Gary Hein Trina Leonard Minneapolis Police Department National Association of Governors' Community Services Bureau State Highway Representatives bout This Guide People who care about young people are aware of the serious problems caused by underage alcohol use. They should also be aware that there are many effective strategies for reducing underage drinking. Every State and community should be using these strategies. The Guide to Conducting Alcohol Purchase Surveys provides information about one important tool for tombating underage drinking: the alcohol purchase survey. These surveys involve sending minors or young-looking adults into stores to purchase alcohol. In this way, law enforcement agencies and community members can fmd out who is selling alcoholic beverages to our children. Why Do Purchase Surveys? Illegal sales to minors can be prevented, but most communities need valid information in order to do the most effective job of prevention. Alcohol purchase surveys can provide this information. They also · Tell us who is selling to minors and how often, · Raise community awareness and build support for reducing sales to minors, · Inform merchants that they are being monitored by the community, · Aid law enforcement, and c-~ · Help monitor the impact of prevention strategies. -- · This guide can be used by advocates and policymakers to provide a rationale for carrying ;.-~-. ca_ _L ! OUt purchase surveys. c-I ,- !__~ __ :,.-; _; < ,. The guide can also be used by organizations for ~':~ ~") , Planning the surveys. · Coordinating the efforts of various community organizations and agencies that have a stake in the surveys. · Recruiting and training youth inspectors. · Carrying out the surveys. · Analyzing the data from the surveys, and · Using the information from the surveys to change policy, obtain needed resources, and draw attention to the problem of sales to minors. Because the legal, social, and geographic characteristics of localities differ, the guide describes an array of flexible options that can allow the general survey techniques to be adapted to local circumstances. ontents About This Guide ........................................................................................iv Introduction ..................................................................................................1 How Do Kids Get Alcohol? ...................................................................2 Why Conduct Alcohol Purchase Surveys? ............................................ 2 How Do You Conduct Purchase Surveys? ............................................. 2 Five Reasons for Conducting Alcohol Purchase Surveys ...................... 4 Chapter 1: Planning Alcohol Purchase Surveys ...........................................5 Who Should Carry Out the Survey? ......................................................5 What Kinds of Alcohol Outlets Should Be Surveyed? .......................... 6 Should Minors Be Used as Buyers? .......................................................6 Should the Survey Include Enforcement or Be Conducted for Data Collection Only? ..............................................7 Should Informational Letters Be Sent? ..................................................7 -~ Chapter 2: Carrying Out Purchase Surveys ..................................................9 f.:: (-? Purchase Survey Protocol ......................................................................9 r"'~ 7-'-. ...... t~'i'~"- c';' -: ! .....· Characteristics of Buyers ..............................................................10 "' ! c'-~ ~'~'... L Controlling for Buyer Characteristics ...........................................10 -_7~.- ~ --~ .... Recruiting Buyers ..........................................................................I 1 L.i ~ ~' : '~ ' Recruiting Tips 12 ,_5 """: .............................................................................. ~-, {=h leams .............................................................................................12 .... -- Compensation and Insurance .........................................................12 Validating Youthful Appearance ...................................................13 Escorts ...........................................................................................13 Recruiting Escorts .........................................................................14 Compensation ................................................................................15 Training Session ............................................................................16 Survey Team Preparations .............................................................17 Money for Purchases .....................................................................18 Disposition of Purchased Alcohol .................................................18 Letters of Verification ...................................................................18 Costs of Purchase Surveys ............................................................18 Protocol for Making Purchases .....................................................19 PUrchase Survey Schedules ...........................................................19 Timing of Purchase Surveys ..........................................................19 Number of Purchase Attempts .......................................................20 Data Collection ..............................................................................20 Additional Notes ............................................................................21 Safety Issues ......................................................~ ...........................21 Insurance and Liability Issues .......................................................22 Using Minors To Conduct Purchase Surveys of Retail Alcohol Outlets .........................................................................22 Legal Considerations .....................................................................22 Issues of Entrapment .....................................................................23 Informed Consent ..........................................................................23 Unconsummated Sales ...................................................................24 Purchase Survey Combined With Enforcement ............................ 24 Sample Purchase Survey Protocol .......................................................25 Responsibilities of Escorts ............................................................25 Responsibilities of Buyers .............................................................28 Recording Data ..............................................................................28 Debriefing ......................................................................................29 Postsurvey Activities ..............: ......................................................29 Chapter 3: Sampling Alcohol Outlets for an Alcohol Purchase Survey .... 33 Survey All Outlets ................................................................................33 Survey a Representative Sample of Outlets .........................................33 Response Rates ....................................................................................37 (') '~'; Relevant Research ......................................................................................39 ~_::, Resource Materials .....................................................................................45 ....... ~"~ References 51 Appendix 1 .................................................................................................53 Alcohol Outlet Purchase Survey ..........................................................53 Appendix 2 .................................................................................................55 Youth Recruitment Letter .....................................................................56 Buyer Application Form ......................................................................57 Consent Forms .....................................................................................59 Appendix 3 .................................................................................................61 Data Collection Form ...........................................................................62 Data Collection Form Instructions .......................................................66 l ntroduction People who care about youth are aware of the serious problems caused by underage drinking. They realize that: · Alcohol is the drug most commonly used by youth--more than tobacco and far more than marijuana or any other illicit drug. · Alcohol is one of the most common contributors to injury, death, and criminal behavior among youth. · Underage alcohol use can have immediate and potentially tragic consequences, as well as long-range harmful consequences, such as increased risk for chronic alcohol addiction. There is no doubt that underage alcohol use is an extremely serious problem. But there are many effective strategies for reducing the problem. Strategies that limit access to alcohol by youth are some of the most c~ ./ powerful and well-documented approaches to reducing underage drinking ~. , ./~ and related problems. '------I ~ ' The purpose of this guide is to promote the use of an important tool for i -!--I c-~ monitoring underage access to alcohol--the purchase survey. These 7;~-.- . - . surveys involve sending young adults who appear underage (or minors L?~.-- . ~1 ~ ':.:- under appropriate adult and police supervision) into stores to purchase ~ . ~- alcohol. Communities and local groups can carry out purchase surveys of ~:-. retail alcohol sales outlets to find out how easily available alcohol is to young people and to identify who is selling alcohol to youth. Such surveys provide extremely valuable information that can be used in addressing the problems ofunderage alcohol purchase and underage drinking. This guide gives some of the background and rationale for these surveys as well as practical, step-by-step instructions for carrying out alcohol purchase surveys. The guide also shows how the information from the survey can be used to strengthen community awareness, promote better policies, and improve merchant compliance with the law. Safe, efficient, and valid alcohol purchase surveys can be carried out in almost any community. This guide will show how. 2 Guide to Conducting Alcohol Purchase Surveys ~_;-_ ('). _.-: How Do Kids Get Alcohol? Underage ~ers c~ obm~ alcohol ~ many ~fferent ways--~ey c~ steal it or get it ~om ~ei~ ~en~ or ~e~ parent. In fact, ~ ~e National $une~s of ~oun~ ~ople frequen~y quite creative in ~eir schemes to get acc~s to alcohol. All too consisten~ show that alcohol i$ ~e oRen, however, ~ey s~ply wa~ ~to a store ~d buy it--no questions ~ked, no identification requested, no problems encountered. Cu~ing off d~ of choice among ~oun~ people. B~ ~is ~e of e~y access is ~e most ~po~nt step towed preventing the 12th grade, more than 80 percent of ~denge ~ng in most counties. adolescenB have experimented ~ith alcohol, more than ~0 percent repod Su~eys c~ed out in v~io~ areas ~ound ~e co~t~ have fo~d that drinking ~ithin the previous month, and yOU~ were able to buy alcohol in be~een 50 percent and 97 percent of more than 30 percent repo~ consumina stores, bars, and res~an~ where attempB were made. five or more drinks in a ro~ at least Studies indicate that enforcement of~derage sales laws is lax in many once in the previous 2 weeks (Johnston, co~ities. Police cite a nmber of reasons for not enforcing underage O'Malle~, ~ Bachman, 1~98}. sales laws; most impo~antly, they perceive a lack of public suppo~ for such activities. This is unfo~nate because research shows that A recent study indicates that alcohol is enforcement can significantly reduce alcohol sales to mino~. responsible for 69 percent of all dru~- related hospital s~ among i0- to 19- ~ear-olds. In contrast, tobacco accounts for 22 percent and other dmgs for 9 Why Conduct Alcohol Purchase Surveys? ~ercent of these hospilal stays. Overall, Illegal s~les to mino~s can ~e ~reve.te~. A variely ~[ strategies h~e shown to ~e ~e~ c~cti~c, ~ut most co~unitics need ~alid in~o~atie. 87 percent of yea~s ~ life I~t be~een e~der to ~a~e ~e ~est use o[ these strategies and to menito~ their lhe ages of 10 and 19 are alcohol related AlCOhOl ~u~ch~s~ su~eyS can hel~ pro~ide ~is in[o~atie.. in a~ditien, (Xie, Rehm, Single, & Robson, 1996). the ~ata o~tained [rom p~chase su~eys c~ ~ use~ to increas~ [~om the public and ~om ~u~lic e~cials ~or ~elicy changes and ~o~ In 1996, mere than 6,~00 young people ~nerous allocation ~[ resources. This ~rocess is ~e~icte~ in ~e be~een 15 and 20 years old died in circula~ and in~ol~es ~ v~rie~ e~se~me.~ o~the co~nity. traffic crashes. Of lhese tatalities, 2,315 (3~ percent) were alcohol relaled. ~ore How Do You Conduct Purchase Surveys? years old who were killed in lra~c In order to ca~ out a purchase su~ey, a representative sample of alcohol crashes in 1996 had been drinking outlets iS sdected. At each outlet in th¢ sample, a buy¢r who appca~s to (National Highway Tra~c Safety underage attempts to ~urchase alcohol without ~rescnting a~e identification Administration [NHTSA], 1998). (~). If the outlet sells alcohol to the buyer, it is considered noncompliant. the outlet r¢~ses to sell to ~e buyer, it is considered in compliance. DeVils of this ~roccd~e v~, but ~e basic ~ocess is similar in all alcohol pu~chase Guide to Conducting Alcohol Purchase Surveys 3 surveys. A flowchart of the tasks involved in conducting an alcohol outlet Underage Purchase of Alcohol purchase survey is presented in appendix 1. Purchase surveys conducted In medium Purchase surveys are extremely useful, and they can be conducted and small cities in Minnesota and practically, efficiently, and ~exibly. This guide explains how to plan and carry out surveys under a variety of circumstances. It also provides sample Wisconsin have found youth able to protocols and materials that can be adapted for use in communities across purchase alcohol In about half of the the country. attempts in both on- and off-premises outlets (Forstar et al., t994; Forster, DATA Murray, Wolfson, & Wagenaar, 1995). FROM  PURCHASE ~ SURVEYS Another study surveyed communities in New York State and Washington, DC. ALLOCATION COMMUNITY Fully 97 percent of the Washington, DC, OF RESOURCES SUPPORT outlets sold to youth. Sales rates in New ~ ~/~ York varied from 44 percent to 80 percent (Preusser & Williams, 1992). OFFICIAL POLICY SUPPORT CHANGE Figure 1. Survey Data and Community Process -_,; .... 1 · -~,- 4 Guide to Conducting Alcohol Purchase Surveys ., Five Reasons for Conducting Alcohol Purchase Surveys Purchase surveys indicate who is selling alcohol to minors and how often. · This lets a community know how large the problem ofunderage sales is and among which outlets. This information can be very useful in allocating scarce enforcement and prevention resources. The results of surveys can be used to help raise community awareness and · build support for efforts to reduce sales to minors. For example, some communities have called press conferences in which the buyers pose with all the beer they have managed to purchase from local stores. Such events can bring attention to the problem of alcohol sales to minors and make it easier for policymakers, merchants, and concemed citizens to act. motivate those with good policies and sales practices to continue them and motivate those with poor policies and practices to change them. Purchase surveys can be an important part of enforcement. Some · communities choose to issue citations to outlets who sell to minors during the surveys. Other communities use the information from the surveys to help target later enforcement efforts. In either case, local police or Alcohol Beverage Control (ABC) authorities must always be involved when enforcement efforts are planned as part of a purchase survey. Purchase surveys can be used to measure the impact of prevention . strategies. A series of surveys carded out over time can indicate whether prevention efforts are having an effect on sales to minors. This information can help communities decide whether to continue or discontinue particular policies or programs and can indicate how to modify prevention strategies to make them more effective. i Beverage Price Comparison in Iowa City It is not uncommon for Iowa City bars geared towards college students to offer a pint of beer for 50 cents. This works out to approximately $4.00 per gallon. Convenience store liquor prices run between .04 and .05 cents per ounce, equaling beer prices of $5.12 to $6.40 per gallon. As a point of comparison consider the following costs per gallon of other beverages for sale at convenience stores: Diet Snapple; 16 oz. for $1.29 = 10.32 per gallon. Lipton Iced Tea; 16 oz. for $1.19 = 9.52 per gallon. Gatorade; 20 oz. for $1.59 = 10.17 per gallon. Evian Water; 9 oz. for $1.49 = 21.19 per gallon.