Call to Order
Chairperson Dick Stoffer called the meeting to order at 1:10 pm with
a quorum present.
Introduction
Lynn Walding introduced commission member, Gayle Collins, who was
recently appointed by Governor Vilsack and confirmed by the Senate
to fill an unexpired term on the Commission. In addition, Mr. Walding
announced that Dick Stoffer has been reappointed and confirmed to
serve an additional five-year term.
Minutes of Previous Meeting (Available upon request)
Mr. Stoffer asked for discussion of the March 23, 2001 Minutes and
the February 15, 2001 Minutes. There was no discussion.
| |
Motion: |
Shirley Daggett moved the Minutes of March
23, 2001 and the Minutes of February 15, 2001 stand approved
as submitted. Daryl Henze seconded the motion, and it passed
by unanimous vote. |
Donation of Cellular Phones
The division recently purchased new cellular phones when the current
cellular phone plan was upgraded to a national plan requiring tri-mode
phones. Consequently, the division had six phones in good working
condition that could be used for emergency 911 calls at no charge
to the user. Penny Rosenthal accepted three phones on behalf of the
Sloss Women’s Center and Kathy Gibbs accepted three phones on
behalf of Assault Care Center Extending Shelter and Support (ACCESS).
The Sloss Women’s Center provides services to women and men on
any issue related to personal safety, academic success and transitioning
into college. Ms. Rosenthal stated students are often involved in
relationships that put them in a vulnerable position and a cell phone
will help in that situation.
ACCESS works with victims of domestic assault and sexual violence.
According to Ms. Gibbs the most dangerous time for a victim is when
they leave a relationship. Cell phones will be given to victims
at risk so they can always have access to make a 911 or a collect
call.
Sales Report
Although dollar sales have continued to increase, it appears sales
are starting to flatten due to the weakening economy according to
Jim Kuhlman. Dollar sales are up 5% for the year and Kuhlman expects
the trend to continue through the fiscal year. There is a slight increase
in sales of liter size bottles. About 80% of sales in Iowa are to
the consumer for consumption at home.
Product Buyout Information
Jim Kuhlman explained the bailment system. The product buyout dollar
profit through March of this fiscal year is $641,000.
Financial Report
The Division has transferred $1,500,000 more to the General Fund this
fiscal year than was transferred last year for the same time period.
Thus far, $27,000,000 has been transferred to the General Fund.
Mr. Kuhlman explained the wine tax is currently $1.75 per gallon and
has been since 1986. Beer tax is 19¢ per gallon. Iowans consume
approximately 2.2 million gallons of wine; 2.7 million gallons of
spirits; and 66 million gallons of beer per year.
Warehouse Error Rate Report
Jim Kuhlman explained the labor intensive procedure previously used
for picking orders in the warehouse. Since the J. A. Jones Management
Company, in a joint effort with the Division, began using scanning
equipment, the full case error rate has declined 29% and the split
case error rate is down 72%. David Cale, project manager for the J.
A. Jones Management Company, was introduced and complimented on the
excellent job he has done in implementing the procedure. Mr. Cale
reported that the current error rate is 8 times less than the 1994-1995
average, which makes for good customer relations.
Bob Cramer commented that the division is moving in the right direction;
however split case is a labor-intensive operation and he feels there
should be an additional charge to cover costs involved with offering
the service.
RAGBRAI 2001
One of the functions of the Division is to provide educational programs
for liquor licensees and for law enforcement officers. Each year,
prior to RAGBRAI, the Division joins the DOT, the fire marshal and
other leaders in conducting seminars for the Des Moines Register’s
Ride Right Committee. The first seminar is conducted for the host
communities in the overnight towns and a second seminar is held for
the pass-through towns on the RAGBRAI route. The Alcoholic Beverages
Division’s presentation gives a general overview of the laws
and rules affecting the people who hold liquor, wine or beer licenses
and the tools they need to comply with the laws. According to Judy
Seib, the program has been very effective.
Dick Stoffer commented on the peer pressure an 18 year old faces who
can legally serve beer for on premise consumption but cannot legally
drink beer. Ms. Seib reminds license holders that the licensee is
responsible and will have to suffer any liability issues on insurance
and issues resulting from a license violation.
Counsel’s Report
John Lundquist reported that in the past four weeks over 30 cases
have been resolved. The cases are primarily gambling violations.
Mr. Lundquist has filed an answer on behalf of the Division regarding
the judicial review challenging the validity of the Tied House Rule.
Mr. Walding added that HJR1 was introduced in the legislature to rescind
the Tied House Administrative Rule adopted by the Commission. The
Resolution made it through the committee but has moved no further.
It will be a live round for next year. A representative from UDV has
told Mr. Walding that the purchase of Seagrams by UDV is requiring
a second review by the FCC and that review will not be completed until
July or August.
State Tobacco Initiative
A bill was introduced this session to change the name of the Division
to the Alcohol and Tobacco Control Division. The reason for the proposed
change was to update the name to reflect the division’s responsibilities
that now include tobacco enforcement. The Iowa Tobacco Advisory Committee
(ITACom), a group that parallels the Alcoholic Beverages Commission,
is working with the Division to help increase the compliance rate
on tobacco sales to minors. The compliance rate has risen to 79% statewide.
Nicole Watson reported that 2600 tobacco retailers have been checked
with approximately 78% of those checked refusing to sell to the underage
buyer. The Division has contracted with 200 local law enforcement
authorities, including Ames, to do the checks. John Klaus, City Attorney
for Ames, stated that at this time, he was not aware of any tobacco
citations against retailers in Ames.
Lynn Walding showed the DOT’s prototype for a new drivers license
that will send a signal to the retailer to pay particular attention
to the age. Posters have been developed for the retailers break rooms.
Booze, Butts & Bingo Update
During the Booze, Butts & Bingo: Vice Crimes in Iowa seminars
held last winter, over 500 law officers were trained. Similar training
for the retail community will begin in Ames on April 26th. Training
will be held in 12 communities throughout the state through May 4th.
The focus will be on how to check for ID’s in an effort to get
to the single digits for noncompliance, all of which is important
because Iowa stands to lose $5 million in federal substance abuse
monies. During that training, another program Cops in Shops will be
announced.
Legislative Report
The fiscal year 2002 budget is through the Administration and Regulation
Committee and is being debated by the Legislature. The proposal calls
for a 17% cut amounting to $328,000. The proposal does not fund salary
increases or the civil penalty educational fund. The Governor’s
proposed budget cut was 6%.
Tobacco legislation is dead. There were proposals for statewide licensing
which would have treated alcohol and tobacco similarly. Although the
Governor is an advocate of .08 BAC, that legislation did not pass.
The bottle bill, which proposed raising fees for retailers that handle
bottles, is also dead.
Warehouse Contract RFP Update
The current warehouse contract with J. A. Jones Management Company
expires June 30, 2001. The Division issued a Request For Proposal
(RFP) in which the new contractor will be required to do more services.
The Division received 4 bids in response to the RRP. The bid price
was submitted on a per case charge as follows: Tibbits & Britton
Group at $3.20; AJM Systems at $3.00; Jacobsen Company (an Iowa company)
at $2.35; and J. A. Jones Management Company had the low bid of $1.85
per case. The division currently pays Jones Company $1.93 for each
case shipped. The bid will be awarded to the J. A. Jones Management
Company for a 5-year period with two five-year options. The new bid
will result in savings of $509,000 to the State of Iowa over the next
5 years. If the division had gone with the next highest bid, it would
have cost the State an additional $2,911,000.
Dram Shop Insurance
Iowa law currently requires every on-premises licensed establishment
to provide dram shop insurance that helps protect the company from
any harm that may occur to a party who is a victim of a drunken driver.
The Alcoholic Beverages Division, by administrative rule, determines
the amounts of dram shop insurance required. The dram shop law dates
back to 1973 with no amendments to rates from that time until the
present. A bill was introduced in the legislature this session to
amend the dram shop law to exempt out anyone who contributed to his
or her own injury; however, the bill did not make it out of committee.
Of the 27 states that have dram shop insurance requirements, Iowa
requires the lowest amount, which Mr. Walding considers to be dangerously
low. Some states have as high as $500,000; however, a more common
amount is $100,000 to $200,000. The division does not want to increase
the amount to the point premiums are prohibitive and people are driven
out of business.
There is very little competition in Iowa and carriers are able to
set their premium prices accordingly. According to Ms. Seib, the insurance
companies rate differently; some companies’ rate according to
volume and some rate by percentage of sales other than alcohol. A
concern expressed by retailers is that if someone files a claim against
them, insurance carriers automatically settle rather than bear the
cost of litigation.
Other states offer other alternatives such as bonding and pool insurance,
which has sparked lower rates allowing them to have higher dram limitations
on their policies according to Nick Podsiadly. The division is looking
at the possibility of pooled resources; however, pooled resources
pose the danger of being under funded. The Insurance Commissioner
suggested exploring the possibility of negotiating with one company
to be the common carrier for all bars, thereby securing a uniform
or joint rate. Iowa has allowed bonding in the past and that possibility
will also be explored.
Bob Cramer commented that self-pooling seemed a good way to allow
the smaller licensees to maximize their protection. Mr. Cramer suggested
the division gather statistical information for the Commission to
study and then perhaps assign the rates according to the volume of
business. The goal is to present an administrative rule at the next
Commission meeting amending 5.83 of the Rule to increase those limits.
Binge Drinking on College Campuses
Chairman Stoffer explained the Commission is seeking public comment
on the issue of binge drinking on college campuses to guide the Commission
in making recommendations to the Governor for the next legislative
session. Because there was little or no comment from the student population
at the February Commission meeting in Iowa City, this meeting specifically
invites comment from students as well as from the general public.
Linda Ciccone, ISU Substance Abuse Program Coordinator —
Ms. Ciccone stated that 82% of the ISU student body is underage. The
University’s purpose is to provide students with a healthful,
safe educational environment in which they can learn. When there is
encouragement of irresponsible decision-making regarding consumption,
it becomes a major concern. Drink specials and happy hours that last
all day encourage irresponsible consumption. Ms. Ciccone encouraged
the Commissioners to make recommendations that would provide statewide
regulations. Although it is desirable to look at local control, Ms.
Ciccone said it does not work if one city passes an ordinance and
a nearby city has no ordinance. The problem only moves from one community
to another. She suggested the Commission look at price, volume, and
frequency of drink specials offered by bars. Ms. Ciccone reported
that an Iowa study done several years ago showed that for every 10%
increase in tax on liquor, there was a corresponding 1% decrease in
underage consumption. She assumed that there would be a similar relationship
with retail prices.
When asked how student drinking has changed over the past twenty years,
Ms. Ciccone commented that twenty years ago drinking was part of an
event - today it is the event. Students begin drinking at an earlier
age and many students come to campus with 5-6 years of established
drinking patterns.
Ms. Ciccone does not believe lowering the legal age to consume alcoholic
beverages from 21 to 19 will solve the problem on college campuses.
It would be easier to enforce; however, the real issue is to involve
the parents and family as partners in the effort. Studies have shown
that consumption by minors can be decreased by 33% if parents have
a conversation with their children stating their expectations regarding
underage drinking and subsequent consequences if they do drink. Ms.
Ciccone said there is a sound argument, based on health, for making
25 the legal age to consume because of brain development and the areas
of the brain that are damaged by excessive alcohol consumption.
Ms. Collins commented alcohol consumed in moderation doesn’t
usually kill, whereby cigarette smoking does. She questioned why the
legal age for smoking is 18, if health is the argument for setting
the age to legally consume alcohol. Ms. Collins believes that if an
individual is considered legal age at 18, then the individual should
be given responsibility and held accountable.
Ms. Ciccone said that consistent research shows that 25% of the people
drink 75% of the alcohol. Obviously, society has to confront the issue
of underage drinking; however, over 21, the target group is really
the 25% who make the poor decisions and are involved in the accidents,
crimes, assaults, etc.
Wendell Moseby, ISU senior from Chicago Heights, Illinois, former
resident assistant at an ISU residence hall and a bartender —
Mr. Moseby believes binge drinking is more an Iowa culture rather
than the result of bar special promotions. He believes this may be
due to the fact that there isn’t much for Iowa’s youth to
do after 10:00 p.m. Mr. Moseby made the following suggestions:
Make stiffer penalties for individuals who purchase alcohol for minors.
- Hold parents more accountable for the actions of their children.
Many know their underage children are consuming alcohol.
> Look at limiting the number of cases of beer that can be
purchased at retail stores.
- Hold grocery stores, convenience stores, etc. to the same accountability
as bars in running specials on beer and liquor products.
- Place restrictions on specials.
- Push for more responsibility and for legislation to require
mandatory education for bar owners and their employees.
Mr. Walding offered the following responses to Mr. Moseby’s
suggestions:
- The University of Iowa is exploring alternative entertainment
as a deterrent for underage drinking.
- There was a bill a few years ago to require keg registration
and some states have done that.
- There is dialogue going on in Iowa about requiring grocery stores
to carry dram shop insurance.
- Louisiana does have mandatory responsible vendor training. There
are programs available; however, the training is not mandatory
under Iowa law. The Divisions “Booze, Butts and Bingo”
training is free to all retailers.
Mr. Cramer asked Mr. MosebyÕs opinion on video cameras identifying
all patrons and their IDs. Ms. Daggett asked about a reward system
for confiscating fake IDs. Mr. Moseby responded the video sounded
like a good idea; however, it might be expensive. He said some bars
in Ames offer rewards for confiscated fake IDs. In response to a
question by Mr. Stoffer, Mr. Moseby stated he sees a marked difference
in the amount of drinking in Iowa and in Illinois. Iowa has more
drinking and less accountability; however, Illinois has more violence.
Andrew Wrightsman — Interfraternity Council President for
the Greek Community at ISU —
Unlike Mr. Moseby, Mr. Wrightsman believes that bar specials do contribute
to the problem and that specials do encourage people to buy more and,
consequently, drink more.
A survey given to incoming freshman at ISU shows that about 82% have
already drunk in high school so drinking is the norm and is part of
social life. The ISU campus has social marketing campaigns to increase
student knowledge. The campaign shows that 69% of students at ISU
have 4 or fewer drinks when they go out. In response to a question
by Mr. Kuhlman, Mr. Wrightsman stated that according to the incoming
freshman study, the northern and northeastern states have a higher
percentage of drinking than students from other areas of the country.
It is important to remember, however, that over 85% of the students
at ISU are from Iowa.
Mr. Wrightsman made the following suggestions:
- Begin a campaign similar to the tobacco campaign emphasizing
the harmful effects of drinking and the consequences.
- Provide more alternative events on weekends. The University
offers grants to organize an alcohol-free event; however, that
takes a lot of preparation. There is nothing to do on the spur
of the moment.
- Give people the option and then hold them accountable for their
actions. He does not advocate a dry campus citing the problem
only moves to another location.
Mr. Wrightsman applauded the efforts of the Commissioners in trying
to make the communities more responsible and safer for everyone.
The more the issue is discussed and written about, the more students
will think about it. Unfortunately there is a small population that
no matter what is done, nothing will change. Until the perception
that drinking is cool is changed, people will find other ways to
get alcohol and get drunk.
According to Wrightsman, the Government Student Body voted to start
a Brad 21 chapter. Bradley McQue, a student at Michigan State, died
after doing 24 shots of his 21st birthday. The parents’ organization
sends out birthday cards to students a week before their 21st birthday
with an alcohol poison information card and information about Brad
McQue. In a survey, two-thirds of the people surveyed said they
had thought of the card on their 21st birthday and were more responsible.
Mr. Wrightsman invited the Commissioners to a meeting at 4:00 PM
at the Pioneer Room regarding future policies that the Greek community
wants to have regarding alcohol.
Brian Dunn — Health Promotion Coordinator, ISU Student Health
Center —
The theory of social norms is that students misperceive the amount
of drinking that their peers do and that misconception drives their
own drinking behaviors. According to Mr. Dunn, drink specials encourage
students to drink more when they drink and contribute to the misconception
that is the norm for a college student. If drinking specials can be
controlled, it can help eliminate the misconception that students
have about the amount of drinking their peers do and, hopefully, reduce
the actual amount of binge drinking that occurs on campus.
Mr. Walding asked to what extent the movie Animal House created problems
on college campuses. Mr. Dunn responded that if Animal House could
be erased from history, it would do a lot to reduce the amount of
binge drinking on college campuses because it has become so ingrained
in popular culture. It is the definitive college movie in which students
drank a lot frequently, so students have the misconception that is
what college is.
Julie Phye — University of Iowa Stepping Up Project –
One of the concerns the U of I has is that they too inherit the problem.
In a survey, 43% of University of Iowa students reported they came
to campus as freshmen with a binge-drinking pattern established. Over
two-thirds of the U of I students come from Iowa. Ms. Phye believes
there is room for both local and statewide control.
Ms. Phye gave an update on the local control issue in Iowa City. There
is a media misconception that efforts are falling apart in Iowa City
with regard to local ordinances. The area of contention with some
of the council members and some of the bar owners is a provision under
a section called Limitation on Sales which has seven different provisions.
The provision that did not allow a happy hour has been a problem and
that provision was stricken from the section on Monday night. There
were many complaints from citizens, as well as from bar owners, regarding
elimination of a happy hour. In addition, many felt it would be a
difficult provision to enforce. The city attorney’s office is
working on it and it will be looked at again in two weeks. The current
ordinance still has the issue of civil penalties, moving parts of
the state code into the local code and giving the city council the
opportunity to impose civil penalties on license holders.
Still in the ordinance at this time are the following:
- The elimination of two for ones. There are questions regarding
the definition of the provision of two drinks at a time.
- The elimination of an unlimited number of drinks for a fixed
price.
- The elimination of having a double for the price of a single
or increasing the alcohol without proportionally increasing the
price.
- The elimination of alcohol as a prize for a game or any kind
of contest.
- The elimination of dispensing liquor, wine or beer directly
into a person’s mouth.
In response to a question by Mr. Walding, Ms. Phye stated that
student opinion on the Iowa City ordinance is mixed. For the most
part, students do not have a problem with the civil penalties. In
response to a question by Mr. Henze, Ms. Phye said bar owners have
lobbied against the happy hour provision and the limitation of only
two drinks per person. Bar owners feel it would be difficult to
enforce this provision and it would require more staff and more
time to enforce. Ms. Daggett is not against having a happy hour;
she favors limiting the time frame.
Mr. Cramer commented the drinking problem appears to be well established
before the students enroll in college and that the colleges are
inheriting the problem. According to Ms. Phye, the Iowa Department
of Education distributes an Iowa Youth Survey that looks at violence,
alcohol, tobacco, and drug use. Across the board, family attitudes
and community attitudes toward alcohol, the difference between kids
8th grade and 11th grade is phenomenal. As use goes up, attitudes
become more negative.
Mr. Stoffer commented there have been several comments about bars
in small towns being the center of community life where families
go for dinner. Based on the evidence, the state may need to enforce
the age to be in a bar on a statewide basis. Ms. Phye said some
have suggested 21 at 10:00 to allow for the dinner hour.
According to Ms. Phye, the University of Iowa Student Government
unanimously passed a resolution this spring to support and to promote
responsible drinking. A student group was formed called United Voices
for Alcohol Alternatives which will work to provide alcohol alternatives
around campus. Three proposals have been accepted to work with private
businesses to stimulate more alcohol-free alternatives. In addition,
the University is supporting restoration of a historic theater by
providing space on campus for dances and fundraisers to raise funds
for restoration.
Julie Thompson — Coordinator for Substance and Sexual Abuse
Services, University of Northern Iowa —
Ms. Thompson told the Commissioners about an event called the Beer
Flood beginning at 6:30 a.m. on Wednesdays held at Sharkeys for several
years. The owner recently discontinued the event acknowledging that
it fueled over-consumption and that it was not a business practice
of which he was proud. Another bar, Brewsters, picked up the event
and further embellished it by serving beer over breakfast and a penny
pint promotion. Ms. Thompson said the college communities desperately
need the Commission’s help.
Ms. Thompson believes that price specials do play a role. It has been
shown that increasing the price of tobacco, leads to fewer individuals
starting to smoke and to others smoking less. The same goes for alcohol.
She suggested the following alternatives:
- Limit access to the bars to age 21.
- Have other activities that students can engage in until 3 AM.
- Address the issue of price.
Ms. Thompson encouraged the Commission to invite parent associations
to give their input regarding price promotions. She extended an
invitation to the Commission to meet in Cedar Falls for more input
from students, parents and community members.
Mr. Cramer commented that, according to comments he has received
from parents and educators all over the state, the problem is not
unique to college campuses; it is a statewide problem. Mr. Cramer
believes penalties need to be more severe. The recommendations made
by the Commission must be made in a manner to make it easy for law
enforcement, bar owners, etc to enforce and to isolate the problem
and to deal with it. Mr. Cramer believes the Commission will make
strong recommendations.
Ms. Daggett suggested that perhaps bars are open too late and that
society is encouraging the problems encountered by allowing people
to drink until 2:00 in the morning.
Gene Russell — Iowa Hospitality Association —
Mr. Russell asked the Commission to think about the vast number of
responsible restaurants and bar-owners throughout the state when they
think about structuring a state law. He is personally against that
kind of over-regulation.
There are about 6,400 members eligible for membership in the Iowa
Hospitality Association. Mr. Russell asked that the Commission weigh
their decision responsibly because if 10% of the problem rests with
the college towns, then the majority of ordinances or legislation
should probably be handled by local ordinance.
Mr. Russell does not believe there is more consumption now than in
the 70’s when he was in college. However, he believes parents
are more permissive now. Mr. Russell also commented he is from Sac
City and he does not believe there is a big binge-drinking problem
in that city.
John Klaus — City Attorney for Ames —
Mr. Klaus thanked the Commission for the effort they are making in
getting to the communities throughout the state and engaging in dialogue
regarding the issue.
Mr. Klaus reported Ames is the only city in the state that regulates
the admission of underage people on the licensed premises. That ordinance
has been in effect since 1971. The law enforcement people think it
is a useful part of a mix. From May 1989 to 1990, the city had an
over/under ordinance in effect, which allowed 19 and 20 year olds
onto licensed premises if they were ID’d before entry and given
a wristband. There was a sunset clause on the ordinance and it was
pocket vetoed in January 1990. The succeeding Mayor signed it and
the ordinance continued on until the end of April 1990 when it lapsed
and was not reenacted.
Mr. Klaus said the city does a number of other things to try to curb
underage drinking:
- Ames has an ordinance stating a person cannot tap more than
one keg unless there are a certain number of kybos.
- The city has adopted the nuisance party ordinance in recognition
of the effects that result when parties occur off campus. When
there are a number of law violations of a minor sort, police intervene
and shut down the party.
Mr. Klaus commented he is very appreciative of the support received
from the Alcoholic Beverages Division. Occasionally, the city does
have to impose administrative sanctions against licensed premises
for violations. Since 1996, the City of Ames has gone to the Administrative
Hearing Officers 27 times to impose penalties against licensees.
Almost all of these were for underage violations. It is a good process
that provides fairness to the licensee and affects a remedy for
the local government. Mr. Klaus would like to see it extended to
the area of tobacco.
Officer Tom Oxley — Special Operation Unit, Ames Police Department
—
Officer Oxley has been on the bar patrol for the past 9 years and
with the Ames Police Department for 22 years. Officer Oxley disagreed
with many of the previous speakers. He does not believe more laws
are needed nor does he believe drink specials are the problem. He
is an advocate of more educational efforts. Officer Oxley believes
the culture is still to go to college and get drunk with the result
that a lot of young people develop some very bad alcohol abuse problems
during their college years. If he were going to ask for one uniform
ordinance, it would be 21 to be on premises. In addition, he would
favor a law prohibiting the sale of carryout beer after midnight.
According to Oxley, Ames has a fairly simple ordinance that states
if a business does over 50% of its business in liquor by the drink,
it is classified as a bar and people under 21 can’t be in there
unless they are accompanied by a parent, guardian or spouse. With
this ordinance, there is no problem with a family going to the bar
to have a steak, because the individuals under 21 are with their parents.
In 1989 the student council convinced the Ames City Council they just
wanted to be in the bars to dance and be with their friends. When
the council adopted the over/under ordinance, the police kept very
close statistics on the bars that went with the over/under ordinance.
The statistics in those bars for underage drinking for possession
went up 2000% – 3000% during the period the ordinance was in
effect. Officer Oxley says it is hypocrisy to allow 18 years old in
a bar when they have to be 21 to drink. It is a fact that underage
individuals, who get into bars, get alcohol and that is why they are
there. There are 27,000 Iowa State college students and Oxley sees
the same 4,000 – 5,000 students drunk every weekend. Students
can find something to do if they really want, but getting drunk is
a societal norm.
Mr. Stoffer commented he understood that Officer Oxley doesn’t
want more laws on the books; however, it would appear that Ames has
taken responsible action. Officer Oxley responded the City of Ames
has several ordinances that have happened over the years to deal with
alcohol. Most communities probably have no need for those unless they
have a college in their town. He doesn’t think drinking will
slow down or that his job will be any different if drink specials
are restricted. Officer Oxley stated that when the legal age to consume
was 18 and 19, it was busier because there were more immature drinkers
that happened to be legal. He would not want to go back to working
without the on-premises ordinance.
Officer Oxley stated the ordinance in Iowa City sounds very complicated.
Beer special ads are more a symptom than a cause. A beer special does
encourage drinking; however, Oxley believes that, regardless of price,
people who want to get drunk will. If beer specials are not allowed,
the owners will find some other way to get the kids to come to their
bars. All that is accomplished is the bar-owners increase their profit
margin. Bar owners make their profit off cover charges and drinks
that are not part of the special.
Officer Oxley said fines work and he would like to see the state raise
the fines. When he started writing tickets, the fine for possession
of alcohol was $34.50. It is now $145.00 and that is no longer a shock
to the recipients. Raising the fine would put more money in state
coffers and at the same time decrease problems. He suggested an inflationary
clause in the fine schedule so the Legislature wouldn’t have
to keep revisiting the issue.
Mr. Cramer stated a law would need to have penalties severe enough
to apply universally to everyone. An individual needs to know that
if he gets cited the penalty will be severe. When the OWI law was
strengthened, it was perceived the law was tougher and there was a
decrease in the number of people who drink and drive. Now school buses
haul students where they want to go.
Ms. Daggett asked why no sting operations are taking place in the
towns where students are being bused. Officer Oxley responded that
many towns have only one officer and they don’t have the resources.
He said there are very effective laws on the books that make it illegal
to serve an intoxicated person, however, the problem is how to enforce
the laws effectively. New ordinances and laws at a city, county or
state level will be worthless if they are written and not enforced.
Although he spends a lot of time on enforcement, Officer Oxley also
spends a great deal of time on educational efforts with the retailers.
He would like to see more money spent on education because, over the
long term, that is how things will change. Mr. Walding commented that,
unfortunately, the division’s civil penalty fund used for educational
activities has been decreased substantially by the Legislature in
the past two sessions.
In addition to running the compliance surveys on alcohol, the Ames
Police Department does tobacco compliance for which they receive state
money. Police use someone under 18 to buy alcohol and cigarettes.
It is a very healthy fine when a bartender gets cited for both offenses.
To emphasize the need for more alcohol education, Officer Oxley cited
an example that illustrates the effectiveness of tobacco education.
In recent alcohol and tobacco compliance checks, the clerk rang up
the youth’s purchase of a 12 pack of alcohol without asking for
ID. When the youth asked to have a pack of cigarettes added to the
order, the clerk asked for ID.
Mr. Walding complimented Officer Oxley and the City of Ames on
their enforcement efforts. Oxley responded other towns that haven’t
experienced riots in their streets can’t afford to expend what
little resources they have to enforce something that is not causing
them an immediate problem. Officer Oxley believes an alcohol compliance
program similar to the tobacco compliance program would result in
more checks.
Adjournment
Commissioner Stoffer thanked the speakers for their input. Deliberations
on the issue will continue at the next meeting.
The Commission’s recommendations for prefiled legislation will
need to go to the Governor’s Office around November 30th. Mr.
Henze suggested more frequent meetings to meet this deadline.
The meeting adjourned at 4:20 p.m.
DARYL K. HENZE, Secretary
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