February 15, 2001 Council Chambers Iowa City, Iowa
Members Present in the Council Chambers:	Dick Stoffer Robert L. Cramer Shirley Daggett
Members Absent:	Daryl Henze
Guests Present:	Dr. Peter Nathan, Professor of Psychology, University of Iowa Phillip Jones, Vice President (Dean of Students) U of I Jim Clayton, College St. Plaza Julie Thompson, University of Northern Iowa Carolyn Calvert, Chairperson, Stepping Up Project Chief Rick Ahlstrom, Cedar Falls Police Department Judy Parks, Assistant City Attorney, City of Ames Don Stalkfleet, Sports Column David Moore, The Fieldhouse Dan Shay, Fleck Sales, Miller Distributing Dr. Paul Pomrehn, U of I, School of Public Health Chief R. J. Winkelhake, Iowa City Police Department Officer R. A. Mebus, Iowa City Police Department Doni DeNucci, Iowa Hospitality Association Julie Phye, Stepping Up Project, U of I Kylie Buddin, United Youth for Action Officer Doug Danielson, Cedar Falls Police Department Officer Becky Bedel, Cedar Falls Police Department Stu Fleck, Fleck Sales/Miller Distributing Keith Dempoter, The Mill Restaurant Honorable Ernest Lehman, Mayor, Iowa City	Honorable Mike O’Donnell, City Council Member, Iowa City Nathan Hill, Cedar Rapids Gazette Keith Slaughter, Johnson County Sheriff’s Office Mike Jerma, Group Five Hospitality Tim Shaucha, City of North Liberty Jim Warkentin, City of North Liberty Stan White, Diamond Dave’s Jeffrey Koch, Diamond Dave’s Anne Webbeking, The Daily Iowan Naomi Novick, Stepping Up Project Andrew Matthews, Asst. City Attorney, Iowa City Cathy Weingrich, Downtown Association Julie Kearney, Stepping Up Project Sara Lagenberg, Iowa City Press Citizen Sarah Hansen, U of I, Student Health Duane Papke, U of I, Dept. of Public Safety Mike Wallace, Student, U of I Mary Khourassah, U of I, Department of Administration Brooke Bickford, KCJJ Radio
Staff Present:	Lynn Walding Denny Mitcham Judy Seib Gary Marker	Jim Kuhlman Nicole Watson Nick Podsiadly Linda Cox
Legal Counsel Present:	John Lundquist, Assistant Attorney General

Call to Order

Minutes of Previous Meeting

Sales Report

FY Liquor Control Fund

Warehouse Contract RFP Update

City/County Transmittals

Booze, Butts and Bingo Update

State Tobacco Initiative Report

Counsel's Report

Tied House Administrative Rule Update

Electronic Age Verification Device Study

Binge Drinking on College Campuses Public Forum

• In Wexler’s national sample, 44% of the students met criteria for binge drinking defined as 5 or more drinks on a single occasion during the two weeks before the survey for males and 4 or more drinks on a single occasion by females. In the U of I sample, 70% met that criteria.
• In Wexler’s national sample, 19% of students met criteria for frequent binge drinking defined as 3 binge drinking episodes during the two-week period. In the U of I sample, 46% of the students met those criteria. Students at the U of I also suffer more adverse consequences from their drinking.
• Comparing prevalence rates for 11 consequences for both UI binge and frequent binge drinkers to national rates, in every comparison, UI students reported higher rates of adverse consequences.

There are 54 bars and taverns within walking distance of campus. At many of the bars and taverns, underage students are admitted as long as they don’t drink. In fact, they do drink. If the Iowa City Council or the Commission succeeds in reducing the access to alcohol by underage students by limiting drinking specials, increasing enforcement for underage drinking or some combination of efforts, they will reduce drinking rates and consequences which are causing UI students so much difficulty.

Ms. Daggett requested a copy of the study. Mr. Walding asked if the professor felt the problem is youth access or public intoxication, or both. Professor Nathan answered the problem is drink specials, failure to enforce, and the local option of permitting 19 and 20 year olds to enter bars. Professor Nathan hopes the local option will be looked at very carefully.

Philip Jones, Vice President and Dean of Students, University of Iowa. Vice President Jones spoke in support of Professor Nathan’s statements and his study. The Wexler study was the basis for a national survey of schools with high drinking problems with the University of Iowa and six other schools among the worst in the nation for abusive use of alcohol and underage drinking. The Robert Wood Johnson Foundation and the American Medical Association gave grants to six communities, including Iowa City, to take on the issue of high binge drinking rates from the standpoint of changing the environment. The basis for the grant is to increase enforcement and education, explore ways to reduce access, and to provide alternative activities.

In response to a question from Mr. Walding regarding the differences now and when the legal drinking age was 18, Vice President Jones stated that (1) vandalism in residence halls is greater and more intense now; and (2) twenty years ago there weren’t as many bars in town and students didn’t drink downtown as much as they drank in other places. Students from other towns come to Iowa City now because the culture encourages underage young people to go to bars.

According to Jones, 40-50 students’ parents receive letters each year for students who have passed out on the streets and been taken to the emergency room for alcohol poisoning. Very frequently the students have been drinking downtown. In order to change this behavior the community needs to act on all four levels: enforcement, access, education and alternative activity. The Iowa City Council, the Chamber of Commerce and the University all have worked in concert to change the environment to improve this behavior and increase the quality of living in the community. Dean Jones said the University has initiated efforts to find ways to work with business people to create a venue downtown where students can dance, where they can have other activities that they say they go to the bars for. Mr. Walding asked if alcohol-free dorms have the negative impact of sending those consumers to the downtown market place. Mr. Jones responded the University gets the effects of the students going downtown; he does not feel that the amount of vandalism or other negative activities has increased since their residence halls became substance-free.

Jim Clayton, Owner, College Street Plaza. Mr. Clayton stated that in 1981, there were three liquor license holders on College Street; today there are nine. There are probably more than 40 liquor licenses today in the central business district. Mr. Clayton expressed concern that a local municipality ordinance may not be quite enough to solve the problem. If there is no broad-based inniative that goes beyond the Iowa City community, the problem will move to surrounding communities. Business people are responding to the market, to a profit opportunity. The business people pay high rent, advertise heavily and discount their product to attract young people to the bar. That is a very powerful message culturally being sent to the young people. The problem is access and price.

Mr. Clayton expressed his hope that the Commission could help the community deal with the issue in Iowa City as well as looking at the issue in a broader view for the state of Iowa so that other communities don’t experience the same problem. Mr. Cramer commented the Commission is very aware that the problem is an Iowa problem, not just an Iowa City issue. The Commission has gone on record stating they are searching for an appropriate solution that will be fair to everyone and solve a problem that manifests our whole society.

Julie Thompson, Coordinator for Substance Abuse and Sexual Abuse Services, University of Northern Iowa. Ms. Thompson used visual aids to show several promotional advertisements that appeared in the college newspaper, The Northern Iowan, to show the Commission that there is a problem in Cedar Falls as well as in Iowa City. There is a growing tradition that student organizations and philanthropic groups in the community are tying themselves with reduced price promotions as a means of making money and funding activities through events such as Casino Nights.

Ms. Thompson stated that one of the objections to restricting price promotions related to alcohol is that the patrons are adults and that people who over consume are responsible as individuals for that behavior. Ms. Thompson quoted Dr. William DeYoung, the Director for Higher Education Center for Alcohol and Other Drug Prevention who stated “holding students solely responsible for alcohol abuse is like holding fish responsible for dying in a polluted stream.” Ms. Thompson called the campuses and adjacent communities polluted environments with regard to incentives and enticements for underage drinking and for extensive alcohol consumption.

Another reason to address the issue through restrictions and ordinances, according to Ms. Thompson, is to look at whether there have been efforts to voluntarily comply with reasonable restrictions relating to the marketing and promotion of alcohol. The industries’ guidelines and codes of good practices are routinely violated on college campuses and in adjacent communities.

Ms. Thompson stated that a loosely written ordinance that would still provide an incentive for over consumption would not be an effective ordinance. There are models that could be examined, including one in Illinois, where the law stipulates that if the amount of alcohol increases in a drink, the price must increase proportionately.

Carolyn Cabot, Chairperson of the Stepping Up Coalition and a downtown business person. Ms. Cabot became interested in the Coalition because she has experienced and continues to experience the adverse effects of high-risk drinking. Ms. Cabot has had to step over vomit in the mall as she went to work in the morning. A fire outside her office building resulting in repair costs of approximately $5,000 and a broken plate glass window in her office were results of vandalism.

The Stepping Up Coalition is composed of 35 individuals who represent the greater Iowa City community, the Iowa City community school district, law enforcement officials, University of Iowa students and U of I administrators. They have been operating for about four years under a grant from the Robert Wood Johnson Foundation that is administered by AMA. The Coalition’s focus is on reducing high risk drinking because of the harm that can come to others as well as to the person who is involved in the high risk drinking. The Coalition is working through educational efforts and social activities to provide an environment that makes it easier for students to act responsibly. The Stepping Up Coalition supports the proposal to address the issue of access and views the move as a step toward creating a healthy environment for the students and the community.

Rick Ahlstrom, Police Chief, Cedar Falls Police Department. Chief Ahlstrom stated that Cedar Falls has the same alcohol related problems encountered by Iowa City. Cedar Falls has eight bars within one block of the University of Northern Iowa campus. Police are staffed more heavily on Thursday through Saturday nights consuming the majority of the police resources, particularly on third shift, to try to control the actions of people in the bar areas. A city street has to be blocked off, even in winter, to accommodate everyone coming out of the bars that wish to stand around. The Police Department is dedicated to try to deal with the problem both in an educational forum with the University of Northern Iowa and an enforcement program.

The Police Department recently completed a sting operation on convenience stores resulting in 25% of the convenience stores selling to a person under the legal age. Several had machines similar to the one demonstrated by Mr. Harvey but elected not to use the age verifier. Chief Ahlstrom strongly encouraged the Commission to act statewide to deal with the issue of drink specials. The Chief stated the problem is statewide and community and law enforcement officials need help.

Judy Parks, Assistant City Attorney, City of Ames. Ms. Parks shared enforcement and educational measures the Ames community has implemented to deal with the problem. Following the Viesha riots in 1988, the city began enforcing an existing city ordinance that prohibited minors from being on the premises of places whose primary business is in alcohol sales. The ordinance allows the city to go after the individuals who have a duty to make sure that underage persons do not get into the premises. The city also set aside a group of officers to work primarily in education and enforcement. The officers began by visiting the businesses and educating them about the ordinance and what law enforcement officials expected from the business owner. The city has been fairly successful with this approach.

Other measures taken by the city include:

• Prior to reissuing a license, the city looks at the number of violations an establishment has received. The council recently determined that any business that had 12 or more citations in a year would not be recommended for license renewal.
• When there are minors on premises or sales to persons under age, the city takes administrative action against the license as well as the underage violators.
• The city tries to give positive reinforcement by holding monthly meetings with the bar owners to train their people to recognize fake ids and to call the police when there is a problem. Bar owners are given a credit against the 12-citation limit for every fake id they snare.

• He is an advocate of 21 years of age to drink.
• He believes there are too many liquor licenses issued in Iowa City.
• He believes some definitive choices need to be made.
• He believes the City Council and the Police Department need to be more cooperative and they all need to work to overcome some mistrust.

Mr. Cramer asked Mr. Stalkfleet if he was taking the position that multiple specials is everyone else’s problem and if everyone else is doing it, did he feel justification in doing the same. Mr. Stalkfleet answered that society dictates that the business owner be competitive.

In response to a question by Mr. Walding, Mr. Stalkfleet stated:

• He would not be opposed to price special restrictions as long as they applied to everyone.
• It would be to his advantage to have legislation that would create a level playing field.
• Legislation would make it easier for the City Council and the Police Department.
• He would encourage the immediacy of a direction or a policy by the Commission rather than waiting to present something to the legislature for next year.

David Moore, Owner, The Fieldhouse Restaurant and Nightclub and the College Street Billiard Club and Deli. Mr. Moore agreed with Mr. Stalkfleet that a level playing field is needed. Mr. Moore stated there was not an underage drinking problem 20 years ago when the legal drinking age was 19 because it was a good law. He believes a person of legal age with an underage friend comes under tremendous peer pressure to provide alcohol to the underage person. In addition, Mr. Moore thinks the argument that persons under 21 should not be allowed in bars is not a workable solution in all cases. For example, the kitchen in Mr. Moore’s business is open until 11:00 p.m. with large numbers of people coming to his establishment to eat; however, the back is open for dancing at 8:00 p.m.

In an effort to keep minors from drinking in his establishment and in cooperation with the Police Department and the City Council, Mr. Moore hires employees to id people at the door, stamp them and if they are of legal age put a band on their wrist. Students are very innovative and they try to find ways to circumvent the system. If the individual is caught with fake identification and has not been drinking, Mr. Moore gives the person a stern lecture and kicks the person out of the bar. If the person has been drinking, the police are called to remove the individual. This practice results is some of the highest number of police calls in town; however, Mr. Moore prefers to deal with the problem as it occurs and in working with people to be part of the solution, not part of the problem.

Mr. Moore responded to a question by Ms. Daggett that he would prefer not to sell beer by the pitcher but he does so to be competitive. Ms. Daggett stated she is opposed to selling pitchers of beer because a bartender cannot control who is drinking the beer once it is delivered to the table. She suggested that if persons under the legal age were not allowed in bars, it would eliminate that problem. Mr. Moore responded that limiting admittance to the legal age would lead to a huge id problem. Fake ids are readily available from the Internet and it is easy to get ones that are bar coded. He suggested a better way would be to ban pitchers in bars that allow minors in for eating.

Dan Shay Flex Sales, Miller Distributorship. Mr. Shay stated his company promotes responsible drinking and that he wanted to emphasize the need for educational training. Mr. Shay, the law enforcement community and the bar owners are trying to work together through voluntary training programs to make the bars a safe place for the kids to go. Mr. Shay suggested if there is grant money available, it be used in the communities to educate the retail licensee holders on how to stop people from becoming intoxicated.

Mr. Walding stated Mr. Shay’s view emphasizing education, seems to differ from the new ISU president who recently stated in a newspaper article that he felt the only thing that would work was enforcement. Mr. Walding stated some states have mandatory server training requirements.

Dr. Paul Pomrehn, Physician in the College of Public Health, University of Iowa. Dr. Pomrehn decided to address the Commission because a representative from the industry spoke on education. In his health behavior class at the University of Iowa, Dr. Pomrehn’s students discussed U of I graduate Albert Mandura’s view that people behave the way they do because they make decisions, but they make the decisions in an environment.

Dr. Pomrehn commented Miller Beer is a very big company that spends billions of dollars around the world to sell many products. People wanting to sell their product have created environments and it leads to problems. For example, tobacco advertising was socially accepted behavior before anything was known about the harmful effects of smoking. As educational information regarding the harmful effects of smoking was disseminated, smoking started to drop. When it was recognized by the industry that television counter-advertising was effective in helping to convince people to stop smoking for their health, the industry voluntarily worked with Congress to stop televised smoking advertisements.

Dr. Pomrehn believes the culture has to change. The weekend in Iowa City is 80 hours long, beginning on Thursday night. Iowa City needs to establish concrete goals for what they want to happen with regard to drinking and then work toward that goal. Once the goal has been defined, strategies can be developed to implement the goal. In tobacco, they have had some success with counter-advertising and promotions. Dr. Pomrehn stated the Commission and the city would know they are going in the right direction when the alcohol industry protests.

R. J. Winkelhake, Police Chief, Iowa City Police Department. Chief Winkelhake reported that when the Iowa City Police Department did tobacco enforcement last year, the rate of violation was 11% which was less than the 26% state target. The Chief was not aware of any second time tobacco violations. That is not the case in the bars. Although Iowa City has received grant money to do alcohol enforcement, arrests for public intoxication continue to rise. In 1999, there were 1,247 arrests for public intoxication. That number increased to 1,356 in 2000, well over 100 arrests for public intoxication each month. What is being done now is not working.

According to Winkelhake, statistics show that the police come into contact with individuals not simply because they are drunk, but because they are doing something that draws negative attention to them such as fighting, harassment, and public urination. In 1999, a total of 2,107 people were arrested for under-age drinking, most of which were in the downtown area and most of them in the bars. The large number of arrests indicates that the bars are not able to control what is happening in their establishments. The Iowa City area draws large numbers of young people under the age of 21to the bars because they can get in, they can drink and the chances of getting arrested are not high. Compared to the number of individuals in the downtown area on a Thursday, Friday and Saturday night, the arrests are very few.

Chief Winkelhake believes that restricting price specials and the availability of alcohol would result in less people intoxicated and less people under age succeeding in getting drinks. He also suggested checking identification at the point of delivery. In addition, the Chief thinks the age to enter a bar should be the same across the state whether the age is 19, 20 or 21.

The Honorable Ernie Lehman, Mayor, City of Iowa City. Mayor Lehman thanked the Commission for holding the meeting in Iowa City and addressing the problems in the community. The Mayor stated his feeling is that if all else fails, the City Council would entertain a 21 ordinance. The Council is concerned that if they pass a city ordinance making the age 21 to enter a bar, and the surrounding communities do not, it will be a significant influence for the young people to go elsewhere creating problems for the surrounding communities. Travel safety issues would also be a concern. In addition, young people insist that there is very little to do in Iowa City and if the Council prohibits those under 21 from going into bars to dance, listen to music, etc., literally thousands of young people would not be allowed to go into the bars.

The Mayor’s personal concern is the large number of people under 21 who are drunk. He stated the problem is not just underage drinking; it is over consumption, particularly in males under 21. Even though the Mayor believes that many of the bars try very hard to enforce the rules, the current practice is not working. Mayor Lehman said it would be a tremendous benefit to communities who would choose to try to regulate drink specials, out-of-sight sales, etc if the rules were applied uniformly across the state. The Council, the University, the Iowa City community and the parents of students from throughout the country want to do something about the problem that currently exists in Iowa City. The Commission could help a great deal by leveling the playing field for the bars and the community.

R. A. Mebus, Officer, Iowa City Police Department. Officer Mebus gave his perception as an officer who has been enforcing the laws in the bars in Iowa City for the past ten years. Ten years ago they started with officers presence in the bar area and visits to the bars. Officer Mebus commented that he and the three officers he works with each used to write 1,000 tickets a year. They found enforcement alone did not work. Educational efforts were added in 1993 when Chief Winklehake received a grant that was used for the TIPS program, a training intervention procedure for servers of alcohol. In addition to the TIPS program, officers, at the request of the owners, talk with employees about IDs, sales and service. The Commission can help the Police Department by leveling the playing field and, if the Commission provides guidance in that direction, make it enforceable. He would like to see a statewide law.

Adjournment