HomeMy WebLinkAbout2010-03-29 Ordinance~.~
Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
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 "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.
WHEREAS, the "legal age" to drink alcoholic beverages in the State of Iowa is twenty-
one (21) years of age and said definition, as now or hereafter amended, is incorporated by
reference in the City Code; and
WHEREAS, the City Code currently provides that, unless otherwise exempted by law or
ordinance, a person shall have attained nineteen (19) years of age or more to lawfully be on the
premises between the hours of 10:00 p.m. to closing of any Iowa City establishment holding a
liquor control license, a wine or beer permit, that authorizes on premises consumption; and
WHEREAS, it is in the best interests of the citizens of Iowa City to change the bar entry
age to the legal age which is currently twenty-one (21) years of age.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section I. AMENDMENT. Title 4, Chapter 5, Section 8 -entitled Persons Under 19
Years of Age in Licensed or Permitted Establishments -shall be amended by replacing
"nineteen (19) years of age" wherever and however it appears within such Section 8 with "the
legal age".
Section II. REPEALER. All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or
unconstitutional
Section IV. EFFECTIVE DATE. This Ordinance shall take effect June 1, 2010.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
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City Attorney's Office
annen\ord\under21(2010).doc
20
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 3/23/2010
Vote for passage: AYES: Wilburn, Wright, Champion, Dickens, Hayek, Mims.
NAYS: Bailey. ABSENT: None.
Second Consideration 3 / 29 / 2010
Vote for passage: AYES: Wright, Champion, Cickens, Hayek, Mims. Wilburn.
NAYS: Bailey. ABSENT: None.
Date published
Page 1 of 1
Marian Karr
From: David Dellsperger [david.dellsperger@gmail.com]
Sent: Saturday, March 27, 2010 11:11 PM
To: Council
Subject: 21-ordinance
Iowa City City Council,
My name is David Dellsperger, I live at 351 Willowind Pl, Iowa City, IA 52246. I have been
thinking long and hard about the 21-ordinance. I am a 21 year-old citizen of Iowa City and
Student at the University of Iowa and anon-drinker. I am against this ordinance because it
seems like there is definitely a fine line between implementing an ordinance that seems to be an
effort to try to override the freedom of a business to select who it allows into their
establishment. I'm not going to give you pointless arguments how this ordinance is going to,
~~
"ruin downtown Iowa City" or "be pointless because of house parties . My though is that if this
ordinance passes, it will allow me to go downtown and not have to fight crowds of 19 and 20
year-olds who have been drunk for hours before going downtown. I just think there are other
ways to go about keeping the atmosphere safe downtown and also not prevent people who are
enjoying themselves downtown from enjoying the city. I have two ideas that may or may not
work, it is just a thought.
First, from the Thursday March 23, 2010 council meeting, I understand that police force is
increasing. If that is the case, maybe the city and the bars can go 50/50 on putting an Iowa City
Police officer at the entrance to every bar that wants to allow 19 and 20 year-olds into the bar,
this way a bouncer couldn't just allow an underage person to go into the bar if they are previously
inebriated, which would ensure the safety of the people who enter the bars. If the bars would not
like this option, they would be required to only allow citizens who are 21 or older into the bar.
This may seem like more work than it's worth, but it would still allow for the same vibe in
downtown Iowa City, but also help to decrease the instances of underage drinking tickets.
Second, In the same kind of light, keep Downtown the way things currently are, but instead of
preventing a liquor license from going through, require that a bar turn 21-only for 6 months. If
that bar was to go age-related instance free for those 6 months they would be allowed to go back
to serving 19 and 20 year-olds if they feel so inclined.
Though I realize that you all have a big decision coming up, I hope you truly consider these
options as they may make more citizens happy with your eventual decision.
Thank you for reading this
David Dellsperger
(573)808-6437
3/29/2010
Page 1 of 1
Marian Karr
From: Chiakulas, John J [john-Chiakulas@uiowa.edu]
Sent: Tuesday, March 23, 2010 10:14 PM
To: Council
Subject: Council Meeting-21 Ordinance
Hello there,
I spoke earlier today about not passing the 21 ordinance for bar entrance. I quoted a
study I had found on the BBC, and I wanted to make it available for you to see for yourselves.
Here is the link:
htt~//news.bbc.co.uk/2/hi/8527806.stm
Regards,
John Chiakulas
3/23/2010
Marian Karr
From: glharker@mchsi.com
Sent: Wednesday, March 24, 2010 11:27 AM
To: Marian Karr
Subject: Re: Letter for all involved
My full name is Garrett Lee Harker.
----- Original Message -----
From: "Marian Karr" <Marian-KarrQiowa-city.org>
To: glharker@mchsi.com
Sent: Tuesday, March 23, 2010 10:14:22 PM GMT -06:00 US/Canada Central
Subject: FW: Letter for all involved
Your letter has been forwarded to me to distribute. However, Council policy does not
allow for unsigned correspondence to be distributed.
Please provide your full name and return to me and I'll provide to Council prior to the
next vote on the matter. Thank you for your correspondence and I look forward to hearing
from you.
Marian Karr
City Clerk.
-----Original Message-----
From: Regenia Bailey [mailto:baileyCavalon.net]
Sent: Tuesday, March 23, 2010 10:04 PM
To: Marian Karr
Subject: FW: Letter for all involved
-----Original Message-----
From: glharker@mchsi.com [mailto:glharker@mchsi.com]
Sent: Tuesday, March 23, 2010 8:43 PM
To: matt-hayek@iowa-city.org; ross-Wilburn@iowa-city.org;
regenia-bailey@iowa-city.org; Susan-mimsQiowa-city.org;
mike-wrightCiowa-city.org
Subject: Letter for all involved
My City Council Member,
I am writing you because I was unable to attend the first
meeting on
the 21 ordinance. I wanted to let you know how I feel about this and
see if
maybe you will listen to the people you represent. I would first like
to
state my situation so that you do not look at this as a biased letter.
I am
a 21 year old business student at the University of Iowa. I very rarely
go
to, or have many friends that attend bars. I do not work, own, or know
anyone that work or own a bar in this city. I live off campus in a
condo
that I purchased so I am not really influenced by much of the campus and
downtown activities.
With that all stated I move on to the facts of what it is you
are
trying to do. The first, and most important, fact is that you are a
city
council member. Your job is to listen and represent the people of this
city. You, as a group, are not listening to your people. The people of
this city have made it very clear to you this year, and in the past,
1
that
they do not want to change the bar entry age. As a council you are
trying
to go against your "bosses" and do what it is you want. In the job you
possess you do not have the liberty to do that. This is the tax payers
city
and to go against them is unlawful and just plain wrong.
If you look beyond that obvious fact, which you as council seem
to
be doing, there are many other facts that should deter you. All I keep
hearing is that you all want to stop underage and binge drinking. If
you
think raising the bar entry age will do that then I have lost all hope
in
our society. Drinking will happen no matter what you do short of
looking
everyone in their own padded cell with no human contact. All you will
do is
change the venue. Being that I attended Iowa State University for two
years, I can honestly tell you what happens with 21-only bars. The
drinking
doesn't stop, it just moves to houses and apartments. It may appear to
outside lookers that the drinking has gone down, but what it has really
done
is moved out of the sight of these people. I have no fact to back this
up,
but I would have to say in my experiences the drinking seems to be more.
In
a bar, alcohol costs quite a bit more than at a liquor store. This
stops
many people from drinking how much they usually would. But when you
move it
to private venues, there is no fear of the law, money, or social issues.
This allows for much more consumption even though it does not appear
this
way to authorities.
As an extension of my last point, moving drinking out into
private
venues will cause many issues for the rest of the city. The main one is
that this will result in disturbances in neighborhoods around the city.
Parties usually entail many people, loud music, and a lot of cars.
People
will not like this and will probably result in many complaints called
into
police. This will result in overworked police officers and probably the
need to hire other police officers. I think you know where I am going
with
this point so I do not think I need to continue following down the path
this
could take.
And last but not least, the economy. All everyone in the United
States continually hears is how bad the economy is. This city has many
bars
that bring in very large amounts of money. This becomes income taxes
that
go to the city as a whole. They also employ many people, mostly
students.
If you change the entry age to 21, these bars are going to lose extreme
amounts of money. This in turn costs the city major money in taxes. I
know
I do not want to pay higher property taxes to cover what you want to do
to
this city, and I know most people don't. The result of this new law
would
2
probably result in many of the bars closing in downtown, leaving many
places
empty, many unemployed, and affect this city's economy beyond what you
may
imagine.
Overall, I think the only point I needed to make is the first
one.
Your job is to listen to the people that voted you as the person to
speak
for them. In the real working world, if you did not do your job you
would
be fired. You need to think about that when you vote on this issue.
The
people of Iowa City do not want this passed, so do your job so you do
not
get fired.
3
Page 1 of 1
Marian Karr
From: Bennis kowalski [mayflyd@yahoo.com]
Sent: Wednesday, March 24, 2010 4:51 PM
To: Council
Subject: 21
Dear Council
Thanks for moving forward on the over 21 ruling.
Regarding Regina Bailey's comment, as read in the Press Citizen, about students, and or those 19 to 21
wanting to drink, as being adults, might I suggest that most bad things in the world are perpetrated by
adults. That's why we have laws. What world are you living in Regina?
Sincerely,
Dennis Kowalski
1932 Hafor Dr
3/25/2010
Page 1 of 1
Marian Karr
From: Roberts, Cindy [cndy-roberts@uiowa.edu]
Sent: Thursday, March 25, 2010 7:16 AM
To: Matt Hayek; Mike Wright; Susan Mims; Ross Wilburn; Council
Subject: Thank you -from Cindy Roberts
Dear Mayor Hayek, Ross, Connie, Mike, Terry, and Sue,
Many thanks to all of you for demonstrating support for the 21-ordinance Tuesday evening.
Though I have not agreed with this ordinance in the past-in the last few couple of years I
have changed my mind. It is time.
As a parent---
I like to think of my 18 year old daughter as a young adult-hoping she makes good
decisions and choices-which she does most of the time. The reality-these are very young
adults who do not always make good decisions and sometimes make poor choices due to
their own immaturity and lack of experience. They are still "children" in some ways-a
reality that any parent experiences first-hand as you move thru the teen years towards
young adulthood. When I walked away this past fall after helping my oldest daughter move
into her dorm, it meant a great deal to me knowing that she was living in a college
community and town that made extra efforts towards creating a safe and healthy
environment.
As an administrator at the UI for over 20 years--
I've been asked countless times over the years by parents of prospective students about the
"culture of drinking" at the UI---a reputation I so wish we could shed. Of course, they are
asking out of concern for their own son or daughter who is about to leave home and
experience new freedom. I've been reminded in my own college search trips with both my
daughters that the city or town in which they will live is a crucial factor in that final decision.
Iowa City offers so much to our students. I have always believed that our community (UI
and Iowa City) has a critical role and responsibility in creating a safe and healthy
environment for all students that come here.
Best wishes as you move forward...
Cindy
Cindy Roberts
UI employee
Iowa City resident
3/25/2010
Page 1 of 2
Marian Karr
From: Kelley Van Gelder [vangelders@yahoo.com]
Sent: Thursday, March 25, 2010 11:16 AM
To: Council
Subject: 21 and over ordinance
To whom it may concern:
I just wanted to let my voice be heard regarding the recent discussions on turning Iowa City Bars
into 21 and over establishments.
First, let me state that I am a 30-year old male not currently residing in Iowa City, so I have no
vested interest in the outcome of this vote.
Time and again, the City of Iowa City and the University of Iowa have failed to provide adequate
forms of entertainment in the campus area for students under the age of 21 that are not
surrounded by alcohol. Unfortunately the consumption (and often times overconsumption) of
alchohol has become a pervasive part of the culture of Iowa City. I understand the need to
change this culture, but this issue needs to be broken down into it's separate parts. The focus of
my lettter will be in regards to those not of legal age to consume alchohol, as the
overconsumption of alcohol is an entirely separate issue in my opinion. Simply changing the age
for admittance into Iowa City Bars is not the answer to curbing underage alcohol consumption.
If an underage person wants to drink they will find a way to drink, they always have, and they
always will. Forcing bars to be 21 and over will only be asking our already taxed police force to
monitor a larger area, and aband-aid will have been placed on a wound requiring stitches.
I believe the opening of the new Fitness and Aquatic Center on the East side of the Iowa River
will help in that it will provide more outlets for underage students to entertain themselves
without being exposed to alchohol. The City should work hard to provide more of these types of
avenues for students by providing incentives for non-alcohol based businesses to locate (or re-
locate) to the campus area. This needs to be with the understanding that these businesses are
being placed in the campus area to provide non-alchohol based entertainment opportunities for
students.
The Planet X Experiment comes to mind. This was by all accounts a failed attempt to curb
underage drinking in Iowa City. Several factors played into this. One, it was fairly expensive
for students. Two, it's business hours were flawed in that it closed by 9PM on Thursday, and 10
or 11PM on Friday and Saturday. These are times when most students would be just heading out
to the bar, so it did not provide an alternative to drinking, it simply delayed the process. Could a
reformed version of this idea be revisited with astudent-run business? Have students from the
Tippie College of Business be in charge of the business to ensure profitability with faculty
oversight. Students would provide a unique perspective on what games/activities would
motivate other students to forgo going to bars and attend their non-alcoholic business.
Another idea may be recruiting businesses, or providing financial incentives for those businesses,
to provide dance clubs in the downtown area. No alcohol would be allowed on these premises,
but there would provide an outlet for underage students to feel part of the community without
being exposed to alcohol.
Now to the meat of my thoughts. With no regards to the morality of underage drinking, it
3/25/2010
Page 2 of 2
behooves the bar owners to let as many people into their establishment as possible. While they
half-heartedly attempt to keep underage patrons from consuming alcohol, fake IDs and legal-
aged "friends" will always be around to provide alcohol to those who want it. There is simply
too much money to be made by bar owners, and providing as many goods (in this case alcoholic
drinks) as possible to paying customers (regardless of age) is the foundation of Capitalism. How
hard would you police the behavior of your customers if your financial livelihood depended on
it? The reward of allowing underage drinking in their establishments far outweighs the risk of
being caught.
However, what if the blame of underage drinking was shifted to the underage drinkers? This
sounds simple enough, and there are punishments currently in place for those caught drinking
underage in the form of PAULA tickets. Maybe instead of looking at how to keep these young
adults out of bars, it is time to look at the effectiveness of the punishments already in place. I am
not exactly sure the amount of a PAULA fine (I believe it to be in the $300 - $500 range), but it
is clearly not punitive enough as some people get more than 1 of these tickets in their lifetime.
My suggestion would be to make the fine so outrageous that if you received one you either
couldn't afford to get another one or you simply wouldn't want to get another one. For instance,
if the fine for receiving a PAULA ticket was increased to say $5000, would the reward of having
some drinks at 20 years old be worth the risk of being caught? This may seem high, and I'm
certain a lot of people couldn't afford a $5000 fine, but could they then be offered the option of
completing 500 hours of community service to pay off their fine (500 hours at $10/hour =
$5000). Either way the city would benefit, as those who could pay would give the city more
money. If they could not afford it, the city would receive "free" labor to help with citywide
projects.
In conclusion, making bars 21 and over will not curb underage drinking, it will only force
underage drinking away from the downtown area making it more difficult for the police force to
keep the streets safe. Shifting the responsibility of legal alcohol consumption from business
owners to the consumers is the only fair way to change underage consumer's behaviors.
Beau Van Gelder
3/25/2010
~IL~
March 24, 2010
2Q10 MAR 2S Pr`1 ! ~ 59
All Members, City Council
CI'~ 1' ~.Er.
City of Iowa City #Q~j~ CI1•" ,~~~,~.
410 E. Washington Street i' ' ~ ~ `~
Iowa City, IA 52240
RE: Minimum Age for Admittance to Drinking Establishments
Dear Mayor Hayek and Honorable Council Members,
I would like to commend the Council for seeking to make the minimum age for admittance to
drinking establishments consistent with the minimum legal age to drink alcohol. In general, the
comments made by Council at the first reading on March 23, 2010 support the recommendations
made by public health organizations aimed at preventing underage drinking.
Alcohol use by persons under 21 years of age is a major public health problem in the United States.
As a state, Iowa has a history of alcohol use/binge alcohol use among persons aged 12 to 20 years
(National Survey of Drug Use and Health, Issue 13, 2006). The problem is especially serious in Iowa
City, with its large underage population. Compounding the problem is the fact that Iowa City allows
persons under the legal age to enter drinking establishments, thus attracting 19 and 20-year olds
from the surrounding region where such access is prohibited.
One element in a comprehensive strategy to address underage alcohol consumption is to restrict
the access of minors to bars. I have attached a brochure published by AlcoholPolicyMD.com (Health
Professionals Creating Solutions to Alcohol Abuse), which in my view speaks to the issue most
directly.
"One thing is clear: allowing minors into drinking establishments such as bars and
nightclubs, is, in the words of one enforcement official, `a regulatory nightmare' (Inspector
General 1991). It creates numerous difficulties for servers, who must conduct repeated
identification checks and continuously track who is actually drinking the beverages being
served. It allows minors to consume alcohol purchased from older individuals. And it
encourages minors to drink as a way to socialize and become one with their peers."
While restricting the access of minors to bars is but a small component in addressing a very
complex problem, it is nevertheless an important one. Iowa City's ordinances must be consistent
with sound public health policy.
Yours truly,
n Thomas
509 Brown Street
Iowa City, IA 52245
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Mar. 26. 2010 6 : 54AM
March 26, 2010
Optical Science and
Iowa City Council
410 East Washington Street
Iowa City, IA 52240
Dear Iowa City Gouncil,
No. 1307 P. 1/1
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We are writing to encourage you to support the 21-only ordinance, We are parents of three sons,
University of Iowa professors, have resided in Iowa City nearly 20 years, and have witnessed the
demise of our downtown area. We have supported your previous efforts but realize those efforts
have not worked.
We have a situation that supports early onset drinking as high school children learn the system.
Bar owners are unable to police themselves and the PAULA fine encourages rapid drinking of
hard liquor as opposed to beer or wine in a responsible manner.
The Council has ignored reports from University of Iowa public safety officers, substance abuse
experts, and Iowa City police. The downtown area which was welcoming and poised for growth
when we first arrived is contributing to the delinquency of minors with dire, lasting health
consequences. We have built this downtown into what it is and the patrons come for all the
wrong reasons.
We are asking you to take action to protect our youth. Please support 21-only and then be
patient. The culture can and will change but requires you to take a stand. This is not about being
"uber" parents; it simply is the right thing to do.
Sincerely,
Ana M. Diaz-Arnold, DDS
Professor, College of Dentistry
University of Iowa
~ '~
-;~~--~~
Mark A. Arnold, PhD ~
Professor, Department of Chemistry
University of Iowa
Home Address; 445 N 7'" Ave, Iowa City, IA 52245
Page 1 of 1
Marian Karr
From: Risa Dotson Eicke [risamde@gmail.com]
Sent: Monday, March 29, 2010 12:59 PM
To: Council
Subject: 19-20 in bars issue
To the IC City Council:
I wrote an email a couple of weeks ago about my opinion on the 21 only bars in downtown Iowa
City. I just read a quote in the Corridor Business Journal from Connie Champion stating "I'm
tired of hearing about the ecoriomy...if the economy of Iowa City is based on 19 year olds getting
alcohol, then we're in bigger trouble than I thought.". I think Ms. Champion is misinformed. I do
not believe the bars are anticipating the revenue from underage drinking. Allowing the 19 and 20
year olds into the bars does not mean they are spending money on alcohol. It means they are
paying money to get into the bar and to listen to the live music. Allowing the majority of the
undergrads into the entertainment venues in Iowa City keeps the downtown hip and popular, and
a popular destination not only for students here, but from out of town as well. Iowa City has an
amazing live music scene known all across Iowa. Raising the bar age to 21+ might do more
damage to our community, in terms of revenue, than I think you realize. Please look at the big
picture.
Thank you,
Risa Dotson Eicke
Iowa City
3/29/2010
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