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HomeMy WebLinkAbout2010-04-06 Ordinance Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR OVER- OCCUPANCY OF A RENTAL UNIT BE $750.00 FOR FIRST VIOLATION AND $1,000.00 FOR SECOND AND SUBSEQUENT VIOLATIONS UNDER BOTH THE ZONING CODE AND THE HOUSING CODE. WHEREAS, in Ordinance No. 09-4332, City Council increased the civil penalties for violating the maximum occupancy limits of dwelling units under the Zoning Code to $750.00 for first violation and $1,000 for second and subsequent violations; and WHEREAS, the Housing Code also limits the maximum occupancy of dwelling units; WHEREAS, the current civil penalties for violating the maximum occupancy limits under the Housing Code is $250.00 for first violation, $500.00 for second violation, and $750.00 for third and subsequent violations; and WHEREAS, the civil penalties for over-occupancy should be the same regardless if a person is cited under the Zoning Code or the Housing Code; and WHEREAS, it is in the best interest of the City to raise the civil penalty for over-occupancy under the Housing Code to $750.00 for first violation and 1,000.00 for second and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil Penalties for Municipal Infractions," Subsection D2 is hereby amended by deleting it in its entirety and adding the following new Subsection D2 in lieu thereof: The civil penalty for violation of sections 14-2A-5, 14-2B-5, and 17-5-19X1 shall be punishable as provided in the following schedule for each day a violation exists or continues: First offense $ 750.00 Second and subsequent offense $1,000.00 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed.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 adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2010. /,, ~'k1 _ MAYOR ATTEST: ~{ .lc~u~ CITY RK Approved by ~~ ~ -- a ~ , ( U City Attorney's Office 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 4 / 6 / 20 ~ o Vote for passage: AYES:Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published M~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4387 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET,", AND TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TO ALLOW THE FARMERS MARKET TO TAKE PLACE ON WASHINGTON STREET AND TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOL AT THE FARMERS MARKET. WHEREAS, the Farmers Market presently is limited to vendors selling their products in Chauncey Swan parking ramp and Chauncey Swan Park; WHEREAS, vendors and others are interested in expanding the Farmers Market to Washington Street; WHEREAS, vendors and others are interested in allowing customers to buy and sample alcoholic beverages at the Farmers Market; and WHEREAS, it is in the City's interest to permit the Farmers Market to take place on Washington Street and to allow the sale and consumption at the Farmers Market. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection A and inserting in lieu thereof the following new Subsection A: It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except at the Farmers Market or if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way,easement agreement. 2. Title 4; entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. This subsection shall not apply to property within a city park that is leased to another entity for 99 years or more or the Farmers Market. . 3. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: Possession Prohibited: It shall be unlawful for any persons to possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as defined in this chapter. A person shall not possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way easement agreement. This subsection shall not apply to the Farmers Market. 4. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market, Farmers Market Vendor, Grilling Site, and Stall and inserting the following new definitions: FARMERS MARKET: An open air market sponsored by the city that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county and state health and safety provision, including state department of agriculture regulations. GRILLING SITE: A location designated by the director that a grilling vendor is authorized to occupy in order to prepare and sell items consistent with the provisions of this chapter. STALL: A space designated by the director that a farmers' market vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 5. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 3, entitled "Standards for Granting or Denying Authorization," is hereby amended by adding the following new Subsection F: Ordinance No. 10-4387 Page 2 If the person intends to sell alcohol, the person has obtained all necessary permits and licenses from the State of Iowa. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of April , 2010. /~~ ~L] _ MAYOR ATTEST: OG l1~ CITY LERK Approved by c~a~ ~'c~ ~~ld City Attorney's Office Ordinance No. 10-4387 Page 3 It was moved by Champion and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 3/2/200 Vote for passage: AYES: Wright, Bailey,. Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration 3/23/2010 Vote forpassageAYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: NBne. ABSENT: None. Date published 4/14/2010 ~'1,~~ ~ Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 10-4388 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 6th day of April , 201iL /~~ `ae .. MAYOR ATTEST: ~~~~~~ 1'~ . - ~~ CITY -ERK ppr ved City Attorney's Office annen\ord\under2l(2010).doc Ordinance No. 10-4388 Page 2 It was moved by Wright and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion g Dickens x Hayek x Mims x Wilburn ~_ Wright First Consideration 3/23/2010 Vote for passage: AYES: Wilburn, Wright, NAYS: Bailey. ABSENT: None. Second Consideration 3 / 29 / 2010 Vote for passage: AYES: Wright, Champion; NAYS: Bailey. ABSENT: None. Date published 4/14/2010 Champion, Dickens, Hayek, Mims. Cickens, Hayek, Mims. Wilburn. ~~ C~~~`/COUNCiI -- ~ 12 ~f Friday classes .mean fewer Thursday ER visits, study contends UI students' Thursday. night ER. , visits are down from 2007: BY MORGAN OLSEN morgan-olsen@uiowa.edu For. many University of Iowa students, perfecting their class schedule means no Friday classes. But that may soon become harder to avoid. ` Over the last several weeks, the UI Faculty Council and Faculty Senate have .unanimously voted to support increas- ing the number of Friday classes, when, possible. The draft was approved at the .same tim8 the Senate and Council also endorsed Iowa City's 21-ordinance. The approved draft stat- ed "evidence suggests that Friday morning classes lead to reduced alcohol By the numbers consumption on Thursday nights and to reduced alcohol-i'e~ated emergency-treatment-cen- ter admissions on Thurs- day nights." ' Michael Takacs, a UI clinical assistant professor of emergency .medicine, presented his own research aboutlocal'stu- dents' Thursday night and Friday morning alcohol- related visits to the emer- gency room. His research was influenced by a study In 2007, UI faculty groups began advocating for more 1=riday classes between ti a.m. and 10:30 a.m. Since then; the numbers have shown the most change in the fall. 400---- ---`-- ------~:. ----`-38@-----==-388--.------ •.0.50 - =. '300--' d 250--~ v , ~ 200--~ E 150=-, 7 Z 100--~ z. i:~r 60 -- =- ,pi6 ,pi Fs~~ ~~09 fs Source: isis.uiawa.edu _ _ ~~ - " ' -33Z - - 908 ' 5 Yz~u ~'' ~~~i~i; " - 4 - : - t. a' ~ t`;a;' - ~-= J~~o9 oa H ,, conducted at University of Missouri,Columbia, which a~rialyzed alcohol con- sumption for every .,day of the week compared .with class schedules. .Results from the Mis- souri-study show that stu- dents with no early Friday classes -those before 10:30 a.m. -drank twice as much on Thursdays as students with those classes. SEE CLASS, 4A N 0 l:wl r--~ D~ '~ ~ ~ ^-r (7 ~ o '~{ G (,a~.v ~ f'rl Tai _ ®~ -~ `~ ~b ~ °"'p Ul :~ KURT CUNNINGHAM/THE DAILY IOWAN •• 4A -The Daily Iowan -Iowa City, Iowa -Tuesday, March 30, X010 ~_~ N Lf~ O a 0 c~ [lr .rx ~a c r~+ ORDINANCE CONTINUED FROM lA "We're not a bar so much as a community cen- ter," he said. "Kids use drag shows and dancing as an excuse to come out and feel normal." Mayor Matt Hayek assured the public that the council values Iowa City culture and said he remained "absolutely open" to discussion on how to preserve access to key musical, literary, and other cultural events downtown. "The arguments about music, and protecting that to the extent possible for young persons, resonate with me," he said at the meeting. "I feel that live music is one of Iowa City's greatest attributes." Councilor Terry Dickens agreed, noting that Iowa City, unlike many other communities, offers live music downtown almost every night. The ordinance's sole opponent on the council, Councilor Regenia Bailey, also emphasized the importance of city identity, particularly for students. "(City culture] is just as much a part of the educa- tion as attending the uni- versity," she said. "That's a critical part of why they're drawn here. People say it's a party school, but it's also an opportunity for people to go out and find where the belong in the world." Other speakers at the meeting iterated public- health perspectives and economic concerns, many of which were also brought up at the ordi- nance's first reading on March 23. Members of the public voiced alternative options for how the city might curb underage drinking in bars. Dan Tallon, a UI junior "who ran unsuccessfully for City Council last year, proposed a system in which two-tiered bars serve alcohol on one tier only and monitor passage between the levels. The council heard other ideas from the discussion as well, such as making individual bars with high- er PAULA records 21-only and passing measures to ensure students feel safe to summon emergency medical personnel in the case of overconsumption at a house party. Councilors appreciated the positive support, said Dickens, who publicly thanked Tallon for his proactive suggestions. The City Council will issue its third and final vote on the 21 ordinance on April 6. If passed, the ordinance will likely go into effect June 1. Understanding. 21 The council has approved the 21-ordinance twice, but the dis- cussion isn't over. The Daily Iowan answers some questions about the process. Why is the council voting on the proposed 21-only ordi- nance numerous times? State law requires city gov- ernments to approve ordinances three times before they can go into effect; City Attorney Eleanor Dilkes -said. All ordinances approved by the council go through the same process. Why did the council opt to hold a special meeting Monday night? The council wants to pass final approval of the measure before early April. If the coun- cilors don't approve the third reading by April 8, .a possible referendum might not make it onto the November 2010 ballot and then would likely be post- poned until November 201L When will the councilors cast their third and final votes on the 21-onty ordinance? The final reading of the pro- posed measure will likely occur at the City Council's next regularly scheduled meeting on April 6. If approved, the council will deter- mine when the measure .goes into effect, which may be as soon as June 1. Is there any chance the measure will not be approved a third time? The measure passed by a 6-1 vote the first two times, but any of the councilors are free to change their position for the final vote. There has also been a push to change the bar age to 18. Is that measure moving for- ward? Petitioners have not yet filed any signatures with the city clerk's office. If they collect signatures from 2,500 registered voters, Iowa City officials will cerfdy the signa- tures, and the council can vote to adopt the initiative or put it on the ballot. If the 21-ordinance passes and is petitioned to a ballot referendum, could the 16- ordinance and 21-ordinance proceed simultaneously? Yes. If both efforts garner the requisite votes, they could both be voted on by Iowa City voters in November. MOHAMMED ALHADAB/THE DAILY IOWAN Owner of the Union Bar Marty Maynes speaks to the city councilors during the second reading of the 21-ordinance on Monday. Maynes and couple of other bar owners said that they are afraid of losing their businesses if the ordinance passes. Page 1 of 2 Marian Karr From: Jon Shelness [shelness@gmail.com] Sent: Monday, March 29, 2010 9:11 PM To: Council Subject: Banning 19- and 20-Year-Olds From Bars May lead to "Party Riots" To the editor of the Daily Iowan: One theory holds that humans abandoned the nomadic life with the discovery of brewing. Large quantities of beer were just too heavy to carry around, so we invented civilization. But what we have now is civilization run amok around alcohol at the University of Iowa and around the country. The broad range of failed policies aimed at youthful drinking stretches from Washington D.C. to all 50 states to local governments and to institutions of higher learning. Laws, ordinances, codes and policies have been instituted to register kegs, curtail drink specials or "happy hours," ban drinking in dorms, establish party response police teams in communities, and more. Now, Iowa City is about to try another unworkable policy by banning 19- and 20-year olds from bars. Ample evidence exists at Iowa State in Ames, Northern Iowa in Cedar Falls and Drake in Des Moines that harsh restrictions on alcohol drives the behavior underground, pushing young people to use more hard liquor in unsupervised private house parties. In addition, about the time the drinking age was raised to 21 in the mid-80s, a destructive social phenomenon began occurring at mostly large land-grant universities known as "party riots." Over 210 party riots have occurred since the mid-80s, a half dozen in Iowa. Party riots are not the only dangerous symptom of the failed policies related to alcohol. Let's not forget the predatory rapes and sexual assaults of unchaperoned women. And the hundreds, if not thousands, of deaths from alcohol poisoning and alcohol-related accidents. Who is mostly at fault for this? Older established adults who have devised this crazy-quilt of laws in college towns, forcing drinking underground, and enabling this behavior. Yet these same adults-many of them children of the 1960s-have the nerve to blame undergraduates for lacking the maturity to govern themselves. In the words of Dr. Phil, "How's that workin' for ya?" The results of these laws according to the Amethyst Initiative, an organization that encourages rethinking the drinking age of 21, are: . A culture of dangerous, clandestine "binge-drinking"-often conducted off-campus-has developed. . Alcohol education that mandates abstinence as the only legal option has not resulted in significant constructive behavioral change among our students. . Adults under 21 are deemed capable of voting, signing contracts, serving on juries and 3/29/2010 Page 2 of 2 enlisting in the military, but are told they are not mature enough to have a beer. . By choosing to use fake IDs, students make ethical compromises that erode respect for the law. Source: http•//www amethystinitiative.or~/statement/ Currently, 135 college and university presidents and chancellors support the Amethyst Initiative. The way to fix the problem in Iowa City is not to make access to alcohol even harder. In my opinion, the Iowa Regents and the Iowa Statehouse have the moral duty, despite federal threats to cut highway funds by 10%, to reject the 21-year-old drinking age. In protest, universities should be allowed to organize campus keg beer parties that require student identification to enter. Keg beer is easier to control and measure, and campus staff and student aids would be there to supervise. Campuses should also reopen campus bars and allow kegs in the dorms. Additionally, lowering the drinking age will do little harm if laws around drunk driving and other alcohol-related offenses are strictly enforced. Proof comes from Canada where the drinking age is still 18, yet drunken driving incidents are down because of creative sanctions and education. Source: http•//www nhtsa dot Gov/people/injury/research/FewerYoun~Drivers/iv what caused.htm http•//www colle~edrinkin~prevention gov/media/Tournal/206-Wa~enaar&Toomey.pdf Let's not repackage the Prohibition era of the 1920s. Instead, let's be a trendsetter and make it easier for undergraduates to access alcohol in responsible ways. Jon Shelness Des Moines 515-314-5420 3/29/2010 Page 1 of 1 (~ Marian Karr From: Parkers [rparker@iowatelecom.net] Sent: Sunday, April 04, 2010 10:45 PM To: Council Subject: Proposed age limits To the Members of the Iowa City Council, We are writing this letter, as alumni and parents of three recent graduates of the University of Iowa, to urge the City Council to maintain the current policy of allowing 19 year olds in the bars in Iowa City. While a change in policy might be well-intentioned as a way of curbing underage drinking, we feel that the results would be much negative than positive. We live in Story County, home to Iowa State University, and many of our children's high school friends chose to attend either Iowa State or UNI. Neither Ames nor Cedar Falls allows 19 year olds in bars. It has been our experience that this does NOT limit underage drinking. IT JUST MOVES IT. We observed students at these other universities going to "house parties", where there is absolutely no supervision of any sort, and where students often have to drive to get there. We would much rather have our students be able to walk downtown, join their friends at bars to socialize, dance, play pool, etc., where they are required to wear wristbands to show their age, and where there is at least some monitoring by bar owners and staff. We do not condone underage drinking. However, we strongly believe that the proposed change in policy will only have unintended negative effects. Besides the welfare of students (our first concern), it seems obvious that such a change would have detrimental economic consequences for the downtown area. We believe that better ways to deal with underage drinking are to continue to educate students about alcohol and its abuse, provide alternative activities, and remove some of the mystique of drinking by not making it such a "big deal". You can't legislate it away - we should probably take a lesson from how well Prohibition worked - or didn't. Thank you for your consideration. Sincerely, Rich and Barb Parker 65235 Indian Creek Trail Nevada, Iowa 50201 This correspondence will become a public record. 4/5/2010 House Parties Page 1 of 1 i ;.~,,, Marian Karr From: Jim Walters [jcmwalt@infionline.netj Sent: Sunday, April 04, 2010 8:57 PM To: Council Subject: House Parties Dear Councilors- I think it is very important in this discussion to not be just categorically "against" any partying. For me, partying is good, and an essential part of being human. My younger neighbors (like I once did) sometimes party, and sometimes keep me awake. I live with this now, knowing that I once probably kept someone else awake when I partied. That's part of life, and life ain't too bad around here (we should be thankful we have reasons to party). Of course, there can be issues of too loud, too many, and too late. But it seems to me that the police are as capable of dealing with this now as they were when I was younger -without much need for new laws. And, why be making laws in anticipation of problems that may never materialize? Seems a bit hysterical. If it ain't broke,.}_et, don't fix it. Jim Walters College Hill Neighborhood Assn. 4/5/2010 ]~ Marian Karr From: Morris, Graham M [graham-morris@uiowa.edu] Sent: Saturday, April 03, 2010 10:53 PM To: Council Subject: Taking away jobs City Council, If the 21 ordinance goes into effect, it will cost me my job that I worked for over a year and a half to get. This ordinance is ridiculous and the council members need to STRONGLY re think what they are doing to this community's main source of income. I am NOT happy with the councils decision to over turn what the cities population decided against just 2 years ago. It is absolutely offensive to me and my fellow co workers that you are putting our jobs in jeopardy while the city told you not to do so. -Graham Morris 1 Page 1 of 2 < <a) Marian Karr From: Zock, Stefanie M [stefanie-zock@uiowa.edu] Sent: Monday, April 05, 2010 11:54 AM To: Council Subject: Opinion E-mail Dear Iowa City Council, I am writing you as a disconcerted underage Iowa student. I plan on making my argument, hoping this letter will actually be read by someone, but I also have a proposition I feel is reasonable. I'm sure you have heard all these arguments again and again since this has begun, but I feel the need to reiterate them. First of all I understand where everyone who supports this ordinance is coming from. They want to protect students from something they are choosing to abuse. But I feel that is the key word--choosing. Every single student at the University of Iowa is an adult, defined as "A person 18 years of age or older" by www.google.com. Ifeel, as an adult, that my choice to abuse alcohol or go downtown is just as much my decision as my choice to study hard during the week. Personally, I don't abuse alcohol but I do enjoy going downtown every now and then. This ordinance makes me feel as if my rights are being taken away. Further it seems as if every councilor has his or her mind made up already and that every reading for this ordinance was worthless. People spoke their opinions to you, but it feels as if you aren't even listening. I don't mean to attack anyone at all by that statement, but it's how I feel and a few people I know as well. This decision is being made by a small group of people, not the entire city and that itself seems extremely unfair. To being with this ordinance shouldn't be put in place at all until everyone who chooses to vote on the issue has voted. Making a decision this grand shouldn't be decided by a group of seven people. Underage students will drink alcohol whether they can get into the bars or not. That is pretty much a fact. If you take away the bars from underage students, they will get alcohol from friends and use fakes to buy it from downtown stores and they will continue to drink. I know some of these people personally. Do I think they have a problem? Yes. But is it their decision to make, rather than the cities? I think it is. If a student chooses not to do their best in school, I feel that is their decision and they must face the consequences of choosing alcohol over school. The bar scene will just migrate to house parties in the neighborhoods. I know the police say that they are ready to handle whatever comes their way, but I don't think they are. I also feel for the families who live in those neighborhoods, especially those with children, because people attending house parties don't usually think to themselves `Oh there may be children sleeping next door, maybe I should turn the music down'. I feel the danger level for students will increase if at unsupervised house parties as well. There are no cops policing these parties, unless they are busted, and students don't feel the need to watch themselves with no authorities around. Drugs may be more openly involved because of the lack of authorities as well and I'm sure many people have told you that sexual abuse rates may go up as well. Like it or not many students come to Iowa because of its reputation as a party school, while being a party school doesn't just mean the bar scene it's a great attraction for a great many students. I would like to see how much enrollment goes down for this upcoming school year as well as the numbers of transfers compared to previous years after this ordinance passes. I think many students choose their college based on the types of social activity that occurs because, even though college is supposed to be about education and earning a degree, without entertainment many students don't want to go to school. Like Jack Nicholson said in the Shining, "All work 4/5/2010 Page 2 of 2 and no play makes Jack a dull boy." Without some form of fun, some students may not be as interested in Iowa. I myself would transfer to Iowa State if they had a pharmacy program, because they don't is the only reason I'm staying. That's just something to keep in mind. If the 21-ordinance is going to .pass and especially if it's going to stay, you need to do some serious thinking about how to provide non-alcoholic entertainment for everyone under 21. Yes there are night games and CAB activities on the weekends, but I don't want to go climb rocks or play volleyball. I want to dance at a club. Particularly after a very stressful and busy week the only thing I want to do is jam to music with my peers in one big sweaty group. It may sound despicable to you, but that is how I reduce stress and enjoy myself. If you take away the bars you take away my stress reliever and probably many other students who have been dancers all their lives. If I can't dance and relieve stress I'm not going to function as well in school and be motivated enough to try. This is why I propose that Iowa City create anon-alcoholic bar. This would give students a bar atmosphere without the alcohol. According to the University of Iowa's website 20,574 undergraduate students were enrolled in Fa112009. I would guess that roughly three-quarters of those students are under the age of 21. I understand that finding money for a project such as this would be difficult, but you can't leave out the 15,000 or so students who will no longer be able to attend the bars. Having anon-alcoholic bar would be a great thing for many students because, believe it or not, there are many students who only go to the bars to socialize, dance and hang out. This place could serve fun non-alcoholic drinks including smoothies and sodas and have a bar atmosphere without the alcohol. It would create more jobs in place of the jobs that would be downsized in bars because of this ordinance and open up a whole new world for underage students. So if anyone has reached the bottom of this letter, I hope that someone can realize that it's not the bars that are the problem, it's the students who abuse alcohol who are the real problem and pushing them away from a centralized and monitored area may only make the problem worse. I guess if the 21- ordinance begins June 1St well just see what happens. Thank you for your time. Sincerely, Stefanie Zock University of Iowa Freshman 4/5/2010 Page 1 of 1 ?~ ~~- Marian Karr From: Heath, Ronald L [RHeath@tiaa-cref.org] Sent: Tuesday, April 06, 2010 2:39 PM To: Council Subject: Age 21 Simply put -how it makes sense to admit someone under the legal drinking age into a bar completely escapes me. Please, do the responsible and adult thing and pass the ordinance requiring all bar patrons to be 21 or older. Let's stop making it even easier for underage students to obtain access to alcohol - it is already easy enough. Ronald Heath ****************************************************************************** This e-mail may contain confidential or privileged information. If you are not TIAA-CREF ****************************************************************************** 4/6/2010 Page 1 of 1 /~--- Marian Karr From: McMahon, John [JEMcMahon@madden.com] Sent: Tuesday, April 06, 2010 2:50 PM To: Council Cc: thomas-rocklin@uiowa.edu Subject: Support for Age Appropriate Bar Entry To whom it may concern: As a parent of an Iowa Freshman, I fully support the Iowa City Council's interest in enacting a city ordinance to prohibit underage individuals from having legal access to Iowa City establishments that serve alcohol. Our son unfortunately had issues dealing with his new found freedom early in his first semester, and as a result of several incidents with local law enforcement, was suspended for the spring and summer semesters. Although his behavior is entirely his own and not all of his activities involved being in bars as a 19 year old, I fully appreciate the Universities position that the atmosphere created in a world where underage students have such easy access to alcohol, is at the heart of the schools overall problem. I would respectfully request the council give strong consideration to this proposed ordinance, and pass it without delay. John E. McMahon 4/6/2010 ~la Marian Karr From: Mike Wright Sent: Tuesday, April 06, 2010 4:57 PM To: Marian Karr Subject: FW: Input on 21-only ordinance --Original Message----- From: Daniel Bissell [mailto:dlbissell@gmail.com] Sent: Tue 4/6/2010 4:47 PM To: Matt Hayek; terry-dickens@iowa-city.org; Mike Wright; Susan Mims; connie- championc~iowa-city.org Subject: Input on 21-only ordinance Good afternoon. I would like to provide my input on the proposed ordinance that would prohibit adults under 21 from entering bars. Enacting such an ordinance would be a disaster for neighborhoods in terms of safety and quality of life. Moving the 19-20 year olds to house parties in the neighborhoods would create hazardous situations with impaired drivers driving recklessly through the neighborhoods and smaller streets. This ordinance would also create a health and safety situation for those engaged in drinking alcohol. High-risk alcohol consumption is a problem among all age groups, however those 18-20 are particularly at risk for acute alcohol poisoning, accidental death and sexual assault. Currently anyone involved in high-risk drinking downtown has supervision by bar employees, police, and close access for paramedics. However, in a house party setting drinks are more abundant, stronger, and there are zero safeguards to watch out for anyone who may have consumed too much. Just to assure you that I am not a college student fighting to stay inside bars, or a bar owner trying to protect the industry, I'll tell you a little about myself. I am a lifetime resident of Iowa City, currently living in the Longfellow neighborhood. I am a graduate of City High, and UI. I would urge all of you to reconsider your votes tonight. Don't destroy our neighborhoods, don't destroy downtown, and keep kids safe. Thank you, Daniel Bissell 1