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State alcohol rules don’t fit I.C.
The Gazette Opinion Staff
Dec. 2, 2010 11:38 pm
By The Gazette Editorial Board
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Statewide standards often make sense, ensuring consistency and fairness.
So we understand the rationale behind a state law that prohibits cities and counties from passing stricter ordinances for alcohol sales than those outlined in state code.
But Iowa City's recent history clearly shows that one-size-fits-all approaches don't always work in the regulation of alcohol.
The college town has struggled for years with underage and excessive drinking beyond the state and national averages. It's a problem that affects everything from public health to public safety to the diversity of its downtown commercial area.
City councilors attempting to address the issue have too often been hamstrung by state standards. We agree with Iowa City Council's request for more local control over the sale and consumption of alcohol within the city limits.
City Council members this week asked state legislators to give them more discretion in regulating the licensing, sale, service and consumption of alcoholic beverages, and more clarity in the clause in state law which requires “good moral character” of those receiving a liquor license.
That clause is too vague, council members said. They should know - their hands were slapped by the state Alcoholic Beverages Division when they tried to use it to deny some bars' liquor licenses last year.
The city was attempting to crack down on underage drinking in bars by denying liquor license renewals to those establishments which had too many underage patrons ticketed by police for possessing alcohol.
But some bar owners appealed, and an administrative law judge, then the state's Alcoholic Beverages Division, said the city's standard was inconsistent with state law.
That particular point may be moot now that underage patrons are barred from the city's bars after 10 p.m., but the problem remains.
Because of its unique circumstances, Iowa City needs more ability to regulate alcohol if leaders are to get a handle on drinking.
To gain lawmakers' buy-in, councilors should formulate a more detailed, specific plan on what power they want, why they need it and how they would use it. We suggest they follow state Rep. Mary Mascher's advice and collaborate on a plan with other college towns in the state.
Iowa City's alcohol culture demands unique or expanded policies and ordinances to maintain a balance between a vibrant entertainment scene and a near-constant Mardi Gras. State lawmakers should help local leaders and community members strike that balance.
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