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HomeMy WebLinkAbout2010-03-29 TranscriptionPage 1 ITEM 2. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," SECTION 8 ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS" OF THE CITY CODE TO PROHIBIT PERSONS WHO ARE UNDER THE 'LEGAL AGE' (CURRENTLY TWENTY-ONE (21) YEARS OF AGE) FROM ENTERING OR REMAINING IN ESTABLISHMENTS WITH LIQUOR CONTROL LICENSES OR WINE OR BEER PERMITS BETWEEN THE HOURS OF 10:00 P.M. AND CLOSING. (SECOND CONSIDERATION) Wright: Move second consideration. Champion: Second. Hayek: Moved by Wright, seconded by Champion. Discussion? At this point in time, uh, we would invite members of the community who wish to address us on this agenda item to step forward, and uh, make your comments to the Council. As we did last time, we'll ask you to sign in, state your name, and please limit your comments to three minutes or less. Sharp: Mayor and City Councilors, uh, thank you for allowing me to address you again this evening. Uh, this week I'm here to speak to you as the President of Johnson County Medical Society. Johnson County Medical Society supports your efforts to alter unsafe, underage consumption of alcohol by passing the 21-only ordinance. I'd like to highlight a few of the reasons substantiated in the literature why we support this ordinance. Let me remind you of the letter of support we sent to you on March 15th, uh, which discusses these reasons in more detail. Uh, there is a significant risk associated with underage drinking because the adolescent brain development continues through the 20s. Um, adolescent use, particularly high risk drinking during this period of development, can impact brain structure and functioning. Um, individuals who use alcohol at an early age, before the age of 15, are four times more likely to develop alcohol dependence later in life than those who delay drinking until the age of 21. Um, this can have long-term consequences for both individuals and communities. Individuals who drink under the legal age are at higher risk for physical and sexual assault. Alcohol use is a primary contributor to deaths from injuries and the leading cause of death for those under 21. According to the Center for Disease Control, approximately 5,000 people under 21 die each year from alcohol related injuries associated with underage drinking. Underage drinkers are more likely to do something they regret -blackout, cause property damage, get into trouble with police, or injure themselves as compared with legal age drinkers. There are second-hand effects. Others who may or may not be 21 are significantly impacted by underage drinking. Drunk driving crashes, injuries, assaults are all associated with underage drinking. Underage drinking is often high risk drinking. The data suggests that underage individuals may drink less frequently than those of age, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 2 but when they drink, they're more likely to drink excessively. Environmental factors including easy access to alcohol results in higher rates of alcohol use. Excess facilitates underage drinking in both practical ways, the more access one has the more one...is likely to drink, and in in-direct ways. Communities with more access to alcohol may create community social norms that underage drinking is normal and expected. Communities or states with more restricted access to alcohol generally have lower rates of underage drinking. The primary governmental bodies on this issue, the Center for Disease Control, the Surgeon General's Office, and the National Institute of Alcoholism and Alcohol Abuse all urge communities to enact and support policies designed to reduce access. The Johnson County Medical Society believes that enacting the 21-only ordinance will have a positive impact on reducing access to alcohol for those under the legal drinking age of 21, thus reducing their health risks and therefore, we strongly support it. Thank you. Hayek: Thank you. Karr: Could I have your name for the record, please? Sharp: Victoria Sharp. Karr: Thank you. Loh: Good evening, Mr. Mayor and Members of the City Council. My name is Wallace Loh. I'm the Executive Vice President and Provost of University of Iowa. Uh, I just wanted to thank you for the opportunity to comment. There's really not that much more that I can say that President Mason and the other representatives of the University have already expressed, in writing and uh, and in person. I just want to say two things -one is thank you. Thank you for taking a stand on principle, and of conviction and of courage. I know some of you Members of the City Council have changed your positions over the past two years. I have read about, heard about the reasons why you changed and I have nothing but admiration for the stand that you have taken. We can spend hours talking about the consequences and the effects of passing or not passing this...this, uh, 21-only, but for me ultimately it's the right thing to do. Right thing not in the sense that (mumbled) opposed to drinking, legal responsible drinking has its place, uh, we certainly want the bars to thrive, but it's ultimately also about the health and the safety of young people. Mostly students at University, but also a significant number of the youth of Iowa who come to Iowa City as a (mumbled) to party. So, thank you for taking that stand. The other thing, the second and last thing I want to say is this - I do believe that restricting the supply will effect the demand...it will change the bar scene downtown. I'm under no illusion that this is some magic bullet. Will there be perhaps more drinking in the residence halls? Probably, yes. Will there be house parties and noise in neighborhoods? Probably, yes. At least in the short term. But I want you to know that the University of Iowa is absolutely committed to doing something about those things. We will This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 3 certainly take very aggressive action with regard to drinking in the dorms. We are already working on disciplinary action to take outside of the campus, uh, boundaries, and we will do everything possible, working with the City, working with the City Police, in addressing neighborhood issues. We are good neighbors - that's our responsibility and we will work with you on this. Just...three or four days ago, uh, President Mason and I and Tom Rockland sat down, and we said if we've got some 9,000 young people who may not be able to go to bars next fall, what will they do? President Mason has made a very substantial commitment of funds to provide late-night, uh, activities for students, and it is not simply, you know, having coffee shops and having intellectual conversations. We know what they want (mumbled) we will provide it, and I'm sure that over time, entrepreneurs of this city will step forward and try to fill that void as well. So, thank you again for taking the stand of principle, for doing the right thing for the young people of the state, uh, and we will work very closely with you and support you, uh, in this (mumbled). Thank you. Hayek: Thank you. Beardsley: Good evening, uh, Doug Beardsley. I'm at 681 Sandusky Drive, and I'm also the Director of the Johnson County Public Health Department. I'm here to address, uh, this issue from a public health standpoint, and I also did provide, there should be on your desks some...a handout, a few handouts. I'll try not to get too wrapped up in statistics, but just, um, start off by saying in 2000 and in 2005 in our Community Health Needs Assessment, uh, underage and high-risk drinking were identified as priorities, and uh, community health intervention, the education plans were developed and have been ongoing since then. University's been very aggressive in its alcohol education with students and parents, etc. But, uh, and then again, looking at statistics, some more recent statistics, and I'll talk just a few, uh, a little bit about some of our ambulance related, or uh, statistics, on alcohol related ambulance calls. Um, there...they continue to go up, and uh, you can go through these pages, but I guess I would most like to draw your attention to the third page, where the alcohol related calls are divided up, or all calls are divided up into zones, and if you notice the downtown area is by far, or accounts for just over a third of all the alcohol related calls in the county. So I think there's a, again, I don't think this is news to any of you that there is a focus here and a concentration of an alcohol related problem. On the last page, uh, I've got a summary of underage calls, and it's...a couple things to note, is that the most frequent age of alcohol related ambulance calls in the county is for 19-year-olds. This holds true for the downtown area, it holds true for other zones. It accounts for, again, over a third of all the calls in the downtown area are for 19-year-olds. So, again, I think it's...it's no secret that there is a problem, and very much a public health problem. When I see these kind of statistics, if I see a third of...of any kind of health indicator concentrated in one age group, that just screams out that intervention is needed. Uh, I...it's been mentioned already, um, the, uh, some of the efforts that have been made...I support the 21-only, uh, effort because we've seen in the past, in other public health interventions, that education alone is This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 4 not enough. Policy alone is not enough. But the two of them have to be cohesive. They have to be in alignment with each other. The current policy says that we're really not serious about underage drinking, and by aligning those two, now we have a stronger tool for addressing the issue. Not one against the other, or not one standing alone from the other, but now combined. Uh, we've seen this very clearly in the tobacco issue. Uh, when the Surgeon General first came out, we saw tobacco use drop, but then it started coming back up, and it wasn't until we started getting clean indoor air acts and policy level, uh, decisions that coincided with the health issue that we really saw a precipitous drop in that. Uh, just a last thing, I've heard from students and....and their pleas, you know, what are we going to do. The thing that breaks my heart is that I...I hear, if we can't go downtown and get drunk, where can we go to drink? And it breaks my heart that so much energy is put into that. I'm glad the University is trying to change that image, putting resources into alternative activities. It's going to take time and a concerted effort, before we change that culture here, and I appreciate, uh, your courage in, uh, in stepping forward with this. Thank you. Hayek: Thank you. Dellsperger: Hi, my name is David Dellsperger. I don't know if you guys received my email or not. I sent one to the whole Council, um, I guess my thought is, I'm a non- drinker. I'm diabetic. It's a big risk for me to drink, and it's an issue that goes on downtown, in the dorms, everywhere. It's around me. I was able to deal with it the way I was because I knew, excuse me, I know it's not good. I know it's a problem, but I think the 21-ordinance as it stands is not going to curb any of that. Um, as a few people have said at the last Council meeting, people are at the bars already drunk because they have been pre-gaming. Um, I know a lot of people who after half an hour in their dorm room, they've already hit a blood alcohol level of .15, .10 and it's...it's not a problem in the bars. It's a problem outside the bars. I, uh, gave you, um, two ideas that may change it, uh, the first one was, if we're getting police officers, more on the force, we might as well station them at the individual bars to curb that idea. If you have someone who's 19, who's getting drunk before they get to the bar, it's less likely that they'll go to the bar and get even more intoxicated in order to make the numbers downtown seem like they're worse (mumbled) worse than they are. The other idea is possibly instead of revoking a liquor license or whatever happened back there, if you're giving a lot of high instances of PAULAs or high instances of bad behavior in the bars, restrict that bar individually to 21-only. I think it's unfair for some of the bars that have been taking care of their own business, and they're getting...put into a bad situation because they're used to having 19 and 20-year-olds do what they're supposed to do. I don't know any statistics of the bars. I'm not someone who knows the bars. I've never been to the bars downtown, and I'm now 21, but I know that there are bars that are doing it the right way, cause they've obviously not made a problem for you in the past. And if they're doing it the right way, they should not get in trouble for doing it the right way. They should be rewarded for This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 5 that and still allowed to be doing business the way they are. That's all I have to say. Hayek: Thank you very much. Vanderwerff: Hi, my name is Kelly Vanderwerff, and I'm the Substance Abuse Prevention Manager at MECCA Services. Um, many of the things I'm going to say tonight, um, were just very recently said by Victoria Sharp, but I think, um, it gets, uh, we say it and we say it, and then somebody else speaks and I feel like, I don't think they just heard what we were just saying. So I'm going to say it one more time, because it does point to why it's so important to decrease access to this age group, even if immediately the culture doesn't change, within six months or a year, but it does over time do something to the culture, and it is what we are missing. It's not the end-all, be-all. It's not the magic bullet, as we've said zillions of times, but it is a really important piece of it. So that's what I'm going to speak about tonight. MECCA supports policies and practices that are shown by research to effectively reduce problems from alcohol in communities. Reducing access and availability of alcohol is consistently at the top of every list of best practices in community prevention. We have seen from changes in smoking and tobacco, as Doug was just talking about, that changes in the law can lead to dramatic changes in social norms, as well as use rates. Alcohol is slightly different, however, because while there is no low risk way to smoke cigarettes or use chewing tobacco, there is a low risk way for most legal aged adults to drink alcohol, so it may take more time to change that culture. Our goal is to create a community that has healthier attitudes about alcohol and where people experience fewer problems with alcohol, not to eliminate alcohol use altogether. That said, there are important reasons why drinking by people under the age of 21 is of particular concern and particularly risky, making the bar entry age a legitimate community policy to consider, if we are truly looking for ways to increase health and safety around alcohol in our community. Although people are considered legal adults at the age of 18, when it comes to brain development, as you heard Victoria talking about, 18 to 20-year-olds are developmentally adolescents because the portion of our brain responsible for decision making, impulse control, judgment and evaluating risk does not develop fully until we're about age 25. Let me be clear that this is not a statement about the intelligence of this age group, but because of...of brain development issues, people under the age of 25 are more likely to engage in dangerous behavior without an accurate sense of risk. This age group tends to drink in high risk amounts when they drink, and drink large amounts quickly, as we heard in the terms of the pre-gaming, which are dangerous behaviors at any age, but particularly dangerous with still developing brain. We all know that alcohol impairs out judgment. Mixing alcohol with a brain that already doesn't do well with judgment and risk assessment means that there is increased risk for problems when young adults under the age of 21, actually under the age of 25, drink alcohol. Research shows us that the longer people wait to start drinking, the less likely they are to develop problems with alcohol later in life, so it does make sense for us to create an environment that decreases access to people under 21 and This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 6 encourage them to chose non-alcoholic social activities during this time of their lives. Research is also showing us that more lenient, minimum age laws in Europe have not lead to moderate drinking among their teenagers. In fact, in some cases intoxication rates by European teens is twice what we see in the United States, and many European countries are now seeking ways to strengthen their alcohol laws to decrease the severe problems they are seeing in their youth drinking. This is not a moral issue and it's not about prohibition. It is about the health and safety, as we've said many times. And creating a community where we set young people up for success, and help them avoid experiencing problems with alcohol, both now and in the future. Is there more we need to do in this community to create healthier attitudes about alcohol by all ages, and definitely we do. But this is an important step toward that goal. Thank you for your time. Hayek: Thank you. Maynes: Hi, my name's Marty Maynes. Uh, I am the owner of the Union Bar. I did not intend to come speak at any of these meetings, uh, as I've talken to several of you individually, uh, but I thought I probably should. Um, based on what this young man said, uh, contrary to popular belief, there are bars out there that are doing things the right way. Uh, when violence in the downtown area was a main concern, it was on the front page of my paper in Des Moines, the Chief of Police came to the City Council and said we need more of police presence downtown. The City Council responded by saying I'm sorry, we don't have the money. I felt it my community duty to step up and pay for that additional enforcement, which has cost me now...I'd say roughly $20,000 of my own money, that I don't have. Now that's been worth every penny. The violence downtown is drastically lower. Now, when everybody wants to point the fingers at the bars saying we're the problem with overconsumption, Iagree that some of'em are! Dollar drinks, that kind of stuff that Connie's talking about all the time, that's a major problem. I completely agree with you. Uh, but that being said, I turn more people away at my front door for being overintoxicated than I ever have to ask leave. We provide entertainment, my budget for my entertainment a year is over $100,000. My payroll is over $200,000. I have 16 and 17 security guys on a Friday and Saturday night, every single one of which is TIPS-trained. I have always (coughing, unable to hear) for PAULAs, since there's been one, since it started at 1.5 and then went down to 1. So there are some of us out there doing it the right way. My point is, violence was a huge problem. I stepped up, and with the help of the Police Department, we figured out a way to fix it, and it took us a very short period of time. One week, two weeks, and we were done. That can be done here. There's other options, I believe, that we can do. Um, on the same police, now one thing that does concern me a little bit is when it was the downtown area that was a concern, the money wasn't there. But now that the argument against 21 is house parties, now all of a sudden the money's there and we can get more police enforcement to stop these house parties. But if it's downtown, it's on me! I have no problem paying the bill, it just seems a little hypocritical in my mind. I'm not going to ask you not to vote 21, um...because I do see that there could be some This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 7 benefit. I'm not going to sit up here and make every other argument that every single person has made about house parties and this and that and the other, uh, what I will do is, once this is voted 21, I would ask that the Council make the effective date after the general election. Um, one would be for my benefit. I won't make it till November. I...I don't have any delusions of grandeur about... about staying in business that long, which will put me on the hook for over a million dollars on a lease I will have to pay personally. I don't have that kind of money! That will then put me into bankruptcy court, directly after my landlord sues me. And this will effectively ruin my entire life. As I've talked to Mayor Hayek on the phone, I'm not angry at anybody. I understand that the City has tried and tried and tried, and this has become a last ditch effort, um, but I'm sca...I'm scared and I'm sad. I'm scared to death of what's going to happen to me and I'm sad for what the future of my family may hold. Um, I also believe that in pushing this back until after the general election, you all are doing your civic duty. It is the duty of the City Council to impose the will of the people, not impose your will on the people. Thank you. Tallon: Hi, my name's Dan Tallon, um...uh, real quick, I just wanted to speak about, not directly about the 21-ordinance, because I believe it will be voted in, uh, I wanted to talk real quickly about things that I think will also, will curb binge drinking, which I think is the real problem that we talked about here. Um, the first thing I wanted to talk about is...if we really are dedicated to ending binge drinking, I wanted to talk about, uh, at the same time that this becomes effective, I'd like to see the City partner with the University of Iowa to expand Night Ride, not only for women that it's already expanded to, but for men, um, to have a public transportation system downtown. Uh, I know the big... everyone keeps talking about the, uh, the house parties issue. I think this will really curb, um, at least the drunk driving aspect of it if people could get from where they want to go, in a reasonable manner, for... for a reasonable price, um, I think that Night Ride's a great program. It's been very effective helping women. I think it could be expanded well to help...to help men. Um, another system that I think to address house parties, uh, that I think would be really great to see is, uh, a police policy where someone who...someone who's been assaulted at a party, or believe someone's been assaulted, or somewhere, uh, my first experience at the University of Iowa was at a party where someone had overindulged and instead of calling the... calling the ambulance, they were fearful for their... for their own safety or for the safety of... for them not getting PAULAs and things like that, that they instead took somebody who was vomiting and throwing up all night and just nursed them themselves. I'd like to see a policy where someone doesn't have to fear necessarily alcohol, where they can call emergency personnel and have them come, take care of that situation, and have that be separate from...from any other action. I think that's necessary, because if we have...if we have more people away from security that we...we really, and if we're really dedicated to...to ending it, we really do need to make sure that people have a safe reporting system so that they can...they can report crimes or they can report, uh, people that do need medical attention, without, um, without fear for their own safety, because a This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 8 lot of times they're going to pick themselves over... over people, over their friends (mumbled) um, also I wanted to speak quickly on a venue ordinance. I think. it would be great to, a lot of bars are two-tiered, um, or... or a lot of bars cater to a certain area, um, whether it's music, whether it's Studio 13, which has it's own, uh, own group that it definitely caters to, I'd like to see exceptions, uh, for two-tiered bars, where they are allowed to serve alcohol on one level and not on another level, and they have to have extra security in order to...to get to the second level. I think that'd be a great option. Um, and also I'd like to see bars that cater to a certain group of people, like Studio 13 or like music bars, to immediately, to as soon as this comes into effect to have an exemption period where they're allowed to get, um, exemptions early enough to actually be operable this fall so that people don't have to lose their businesses. Um, those were just a couple ideas. Also, a last one I was thinking of are the blue lights that you see around the University. I know they're not really used much, but I think that they would be a good deterrent in the...in some of the neighborhood areas where a lot of the students live, um, so that people that do have to walk home, that don't have public transportation or can't afford a taxi, can feel a little bit safer. Um, I think that these options, uh, without... without going on one side or the other on the 21-ordinance, I think that these options would be actual options that would, instead of just addressing where people are drinking, it would address how they're drinking, how they're getting home, and their personal safety. Um, thank you...for your time. Hayek: Thanks, Mr. Tallon. S Khan: Hello, my name is ~Cameer Khan, and I'm a international student at the University of Iowa and also, uh, human factors engineer. I'd like to talk about four things, one starting with my personal research on drinking and driving, and impairment. Second thing is, um, the impression that drunk people generate on, uh, students who are not from this culture and come to this culture and are suddenly exposed to, uh, a wide variety of things. Third is, um, my personal experiences with, uh, the kind of alcohol and things, and the fourth one is the things that I saw that are working. Um, anybody who thinks that alcohol does not impair people are as dumb as a rock, at the bottom of Marianna Trench. And, people who keep arguing that alcohol has a lot of health benefits, will keep doing that but they have not experienced what happens to a crash test dummy at 30 miles an hour if it just hits a little wall. How many accidents do we see with, uh, impaired people and speeding? More than 1,000 each year, and these are mere statistics, and a lot of people who have also argued these statistics. So truly, efforts of making people understand that when they're drunk, they should not doing things that they would normally do, and an educational program that addresses this is really important, specifically at a university level. Um...my mother who visited from India was shocked by all the drunk people vomiting and puking everywhere, and...that was a year ago. I've been here for two years. She then had to tell me, look, I want you to quit your program, and just leave, because I don't think you're in a safe environment. And, the kind of publicity that this generates is obviously not good for people who come to Iowa. Um, having said that, my personal experiences This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 9 were, I never got drunk in a bar. I got drunk from September to October, each and every day, uh, in parties, uh, of last year and that's when I realized that there is too much free alcohol at too less a price. I quit, and then I noticed that, wait, a lot of my friends have also quit. But then we all migrated to marijuana. That was best of all, because that's when all this program that was advocating against alcohol generated an impulse that made marijuana look more interesting and appealing. And then my experiences with that were extreme paranoia, bad health, loss of productivity, um, it was just a bad, bad experience, and that's why I'm really here to talk and testify without fear that indeed these substances are going to harm us, harm my friends, and the community. And while there's a program that is addressing, uh, drinking and safety, if you go ahead and blanket an ordinance and say 21-only, it will, in my opinion, generate an impulse that as soon as one turns 21 they have to go to drink, it's like a right to passage, and on Friday I saw this right to passage. I saw girls cry senselessly after drinking more than eight beers. I saw...um, people follow each other, break bottles, and...if you generate this ordinance, and I'm not really arguing in favor or against this, but I'm just telling you that it's going to create a culture where suddenly there's going to be a...a desire to drink more and more, as soon as one turns 21. Hayek: ...you're going to need to finish up your comments... Khan: And, yeah, and that was really the last thing I have to talk about. Um, sorry, the things that are working are, um, the University program of educating students, ad that's what I (mumbled) thank you. Hayek: Thank you. Would anyone else like to address Council? Perry: Hi, my name is Andre Perry. I am the talent buyer at the Mill Restaurant and club down... downtown. I'm also the founder and producer of the Mission Creek Festival, which probably starts in about 15 minutes, and I am also an academic advisor for the University of Iowa. And I've also taught at the University for a couple of years, um, as a writing instructor. So, I'm just coming here from a different angle, um (mumbled) work in the community in the arts community and supporting the arts in Iowa City. It's, uh, one of my greatest passions. I've made this place my home and that's a lot of...I dedicate a lot of my time and energy to. And, uh, we... speaking from the Mill, you know, and speaking from Mission Creek Festival, we're entirely in support of what you guys are doing, but if this comes through, I just want to make sure that you're keeping in mind and taking into account how we operate and the things that we're doing. Um, at the Mill and with the festival we work through the venues. A lot of things that we do, we provide experiences for people who are older, but we also provide a lot of experiences for people who are in high school and people who are in college, and we give them that outlet, and we've been working giving them an outlet, uh, something to do, in primarily music or literary readings, things like that, which do not focus on drinking, and I think we've done it successfully, um, if you look at our record, at a place like the Mill, you don't see us getting PAULAs or anything This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 10 like that. We're very on top of it. All we want to do is make sure that these people have an outlet, something to do. If they're into music, let them see an amazing show that's going to affect them, and let's bring in national artists, let's bring in local artists, so that they can have great experiences while they're here. Much of what we do is just focused on giving people an artistic outlet. Um, and that even goes not just for the audiences that we have, but for the very bands and the for the very artists who come into our clubs, into our spaces. Some of these people are under 21 and if they don't have an opportunity, create art, to do what they want to do in this town, I think there is legitimate fear of some of them leaving, this not becoming an attractive place for them to be, and it's not so much...I'm not afraid of losing business. Actually I'm afraid of Iowa City losing culture. I know that there's a majority of people doing other things on campus, but sometimes the minority dedicates and creates a lot of the image that comes to this town. You can talk to people about Iowa City, myself you know living on the east coast growing up, grew up on the east coast, living on the west coast, and the things I heard about Iowa City had to do with literature, had to do with music, had to do with like supporting out artistic culture, and part of that artistic culture is a younger culture. So, if you guys do go through with this, um, and we support it, we just want you to find a way to work in places, you know, venues, um, and other... other places that would have music, have art, find a way to work with us that we can make it happen still for people who are under the age of 21. Thanks. Champion: Isn't it true though that if, I mean, I'm just wondering...I'm willing to talk about venues, but someone who is playing in a band who is under 21 can go in a bar and perform, is that correct? Dilkes: Yes. Champion: Thank you. Wilburn: If they're contracted with...if they're contracted with the owner, and if they're there during the hours of the performance. Dilkes: (mumbled) Wilburn: Yeah. Hayek: Would anyone else like to address the Council? Thomas: Hi, my name is Brett Thomas. I own Studio 13. Uh, for the record, as of January 09 we have zero PAULA rate. Excuse me (coughs). I guess I'm up here...I wasn't going to come up here originally, but uh, Wednesday night, uh, I watched a 19-year-old kid come in the bar, um, sat in the corner, drank soda, scared to death, um, and within a couple of hours he was talking to some other kids his age. They all left around midnight and uh, headed up to Panchero's. I remember, as a 38- year-old gay man in Iowa City, um, I'm pretty comfortable. But I remember This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 11 being an 18-year-old gay kid in Burlington, Iowa, being scared sh...uh, being scared to death. Um, it wasn't until I got to Iowa City till I truly felt a part of myself. So, lot of times we're not so much a bar as much as we are a community center. Uh, kids use the drag shows and the dancing as an excuse to come out and feel normal. So I guess what I'm asking for you to do, cause I know you've been pretty staunch about hitting 21, guess what I want you to do is, uh, somehow provide me the ability, at least a couple times a month, do an all-ages show, or an all-ages event. So that these young men and women can actually come out and have the ability to meet other individuals like themselves. That's really all I'm asking. Thank you. Hayek: Thank you. Wilburn: Eleanor, under the existing ordinance, um, isn't it, uh, there's a process working with the Police Chief I believe to, um, if there's no alcohol being served, for an all-age event to, um, to have such a venue... Dilkes: Yes. Wilburn: ...and so since, uh, the proposed ordinance just substitutes the'legal age' for'19,' that would still be applicable. Dilkes: Yes. Wilburn: That you just have to contract, uh, contact the Police Chief, Police Department to do that. j ~ i~v~~tc/~~C'i I~~:`~' ~' S' s: Hi, I'm vive nd I go to Iowa City High School, and I'm a member of 5 G' "~ Teens Against Alcohol and Drugs, and I support the 21-ordinance, because or will help decrease the amount of young teens drmkmg this law knowin , g alcohol and young adults, and, um, I know so many classmates that always talk about going to bars after school and on weekends, and how they consume alcohol without getting caught or without just, you know, letting the bar owners know that they're just under 19 or...or under the age that they're not supposed to drink alcohol. And, knowing that they consume this alcohol, and they've been doing this for a while, that this could ruin their focus on school and their priorities and responsibilities, and you know, just their regular daily activities. And, this could, you know, just ruin their future...like just ruin their future, and they could become future alcoholics if they keep on doing this, just drinking and consuming alcohol and this could just, you know, ruin their lives so their future success of what they want to be. So...yeah, thank you for your time. ~~~~ Hayek: Ms. R-i~, would you mind signing in? Thank you. Would anyone else like to address the Council? Okay. If no one steps forward we will end the public discussion this evening, and uh, we'll take up Council deliberation. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 12 Karr: Motion to accept correspondence. Wilburn: So moved. Mims: Second. Hayek: Moved by Wilburn, seconded by Mims. Discussion? All those in favor say aye. Opposed say nay. Motion carries. Okay, Council. Wright: (mumbled) uncharacteristically shy group tonight! Um...I...one of the speakers earlier on mentioned something that I've...I've known all along, which is we do have bars that are doing the right thing in...here in Iowa City. Um, there's no question about that. We also have a number of institutions that aren't doing the right thing, and I'm...and...as with lots of laws, it's...it's laws that tend to be written for the bad apples, and this is basically where we're having to come from. We have tried so many approaches as a city, and as a university, to try and curb the problems, uh, we've had with, uh, underage and binge drinking from ordinances, to trying to regulate sale prices, to...it's gotten to be kind of a crazy patchwork of, uh, of methods to try and resolve this problem. I think, uh, 21 is...I don't think, rather, 21 is going to be the magic bullet. I think it's going to be part of a larger picture, um, we have piles of evidence showing us that underage drinking is a serious health problem. It's a serious social problem. It's a serious community problem. I don't we can really...we just simply can't ignore that, um...as a result, I will of course continue to support this ordinance. One of the plus sides that I think a 21-ordinance is going to have for the City of Iowa City is that it will allow some non-alcoholic venues to emerge over time, that can survive when they're not competing head-to-head against bars. Um, I..there are all kinds of opportunities out there for such venues, and I think this will create an environment where they can, uh, not only exist, but where they could actually thrive. Uh, and so I, uh, will continue to support the ordinance. I'm...I'm pleased that we're this far and I also am pleased with the amount of input that we've gotten from the community, it's a really healthy dialog. Champion: I appreciate everybody coming tonight. I think I gave my diatribe the last meeting. I am going to continue to support this 21. Mims: I will as well, I will continue to support it, um...I agree that, you know, a lot of things have been tried and I think this is where the next step that we need to take. I also hope that once this is implemented that as a Council, and with input from, you know, the community and the bar owners, that we will have discussions on, um, if there are ways to work with some things that are...that aren't possible now. Um, you know, two-tiered, you know, facilities where maybe they can specifically block things off. Can we look at some issues there where we can allow some, where they can physically separate areas. Um, I don't know if we can come up with something that can work there. Certainly they can already do, uh, non-alcoholic nights, you know, where they work with the Police Department, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 13 lock up the alcohol, and have underage, uh, individuals in there. I definitely agree, it's a health and public safety issue. Uh, I think we need to move forward on it. I'm also very pleased to see the University really stepping up, uh, in terms of their support, not only in terms of nighttime activities, um, but also in terms of really holding... educating and holding students accountable for their actions, and in terms of being good neighbors, so...I will continue to support the ordinance. Hayek: I, uh, I'll chime in. Thanks to all of you for showing up this evening, and for the second evening we've had very good, uh, comments, for and against this ordinance, uh, and in additional a number of helpful comments that I think are very worth our consideration and...and the consideration of the University, regardless of how this turns out. It's been a very good information collection, uh, collecting process for us. I stated my position in favor of going 21, uh, at the last meeting. I'm not going to repeat that, um, but I will say that...that the arguments about, uh, music, uh, and...and protecting that to the extent possible, uh, for young persons, uh, resonate...resonates with me. Um, and I feel that live music is one of Iowa City's greatest attributes. So, to that extent, um, if we go 21, I am absolutely open to a conversation about, um, that issue, whether it's within the context of options that presently exist for venues, and making use of underutilized options. Or, a conversation about other things that we might consider, um, I'm open to that conversation and I sense that there is interest on the Council to...to pursue that. Bailey: For me, the most affirming, um, comments that I heard tonight, um, the emphasis on the culture that we have here in Iowa City, because this is something that I so dearly love about this community. An opportunity to come here from a smaller perhaps a more conservative place and really find yourself in... in a way, wherever you do find yourself, whether it's through music, whether it's through the writing, whether it's through, you know, many different opportunities that this community provides, and so for me the thought that my colleagues and I and the community will examine ways to maintain that important part of our culture, because let's not underestimate the importance that has for young people coming to Iowa City. That is just as much a part of their education as attending a university, and that's a critical part of why people are drawn here. It's not just, I mean, yeah, you know, people say it's the party school but it's also the opportunity to...to go out and...and find where they fit in the world, and then establish that direction, or... or tap into something that they've known is always part of them and find it here, and maybe it is sitting in a dark corner in a... in a bar that makes them feel comfortable and drinking a soda, um, unfortunately some...too many kids come here and...and are so confused sometimes, I think they sit in that dark corner and drink alcohol, but the opportunity to continue to have the music, continue to have um, the writing, the creative opportunities, that's something critical that we have got to come together as a community and figure out how we can maintain, because it's an important part of who we are, as Iowa City, and it's an important sort of beacon to the rest of the state. So, for me that was really This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010. Page 14 exciting to hear some of those comments, and some of the opportunities we have in that direction. Dickens: I'd like to, uh, thank Mr. Tallon for being very positive, coming up with some ideas that may be able to (mumbled) the neighborhood parties, uh, it's that kind of positive thinking that I think will get us to where we finally want to be. I also agree with the venue, that it's very important to keep music alive in this city, because it is a lifeblood. I get to travel a lot in my business and go to a lot of major cities and trying to find a live band any night of the week is almost impossible, but you come to Iowa City and you can find one any night that you want to go so I think it needs to stay alive, but I will be supporting the 21. Wilburn: I will continue to support the legal age, um, as set by state, and to...adopt this as an opportunity to help, uh, limit the ease of access, as plenty of information and studies have shown us. Provost Loh, please extend my thanks and appreciation to President Mason for the University's, um, willingness to look for those ways to create some alternative venues, uh, in particular the after-hours because, uh, in terms of the concern related to music, I will point out that this is not, uh, as Connie has pointed out earlier, it's not a 24-hour, um, ban. There are opportunities before 10:00, uh, and if you're a performer, there are opportunities after 10:00 under the existing ordinance, if you are under the legal age. Um, just a general comment to, um, couple times the issue of extra money for law enforcement coming up. The concept of the, of law enforcement and the extra officers came as part of a general conversation related to the City's budget, uh, before this was brought up, and it was related to crime in the community and public, along with the increased fire protection, the need for that. The comments, uh, from the City in particular, from staff related to, uh, law enforcement related to this issue was just a, uh, general comment that, uh, if...in the event that there are greater issues than there currently are related to house parties and overconsumption of alcohol and under the legal age consumption of alcohol then those, uh, other officers will be available to address that issue, but the original notion of the officers came up because of crime in the community and the, um, what was felt as an understaffing ration, uh, in this community, for a community of this size. Uh, but otherwise I'll continue to support this. Hayek: Any further discussion on the (coughing, unable to hear). Roll call, please. Item passes 6-l, Bailey in the negative. And, as a reminder, April 6 is the third reading on this issue, and we invite you to attend that, uh, as well. We will have an opportunity for public input, just as we have had, uh, all along. Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of March 29, 2010.