HomeMy WebLinkAboutItem 03.eCity of Lakeville
Police Department
Memorandum
To: Mayor and City Council
City Administrator Justin Miller
From: Deputy Chief John Kornmann
Copy: Police Chief Jeff Long
City Clerk Char Friedges
Date: January 22, 2016
Subject: Modifications to the Liquor Ordinance
The current liquor ordinance was adopted in 2009 and included the “Best Practices” program.
Over the past seven years significant changes have taken place in the alcohol service industry.
For a variety of reasons businesses that sell alcohol are now training service staff at a level that
exceeds the “Best Practices” program. The Police Department and City Clerk are
recommending revisions to the liquor ordinance as summarized below and outlined on the
attached redline copy:
• Under the proposed revisions to the ordinance, license holders failing compliance
checks or otherwise violating the ordinance may still be required to show proof of
training of their servers which addresses over-serving, verifying identification, and
other issues as previously required by the Best Practices program.
• The proposed ordinance revisions include additional grounds for denial of a license.
• The Police Department will only present the findings of their investigation to the City
Council when a liquor license is requested. The portion of the ordinance regarding a
recommendation from the Police Department will be removed.
• Penalties for violations have increased; similar changes were made to the tobacco
ordinance last year.
The Police Department and City Clerk are asking for Council direction regarding the amended
ordinance.
3-1-6-1: INVESTIGATION:
At the time of making an initial application, renewal application, or request for a new operating officer, the
applicant shall, in writing, authorize the Lakeville police department to investigate all facts set out in the
application and do a personal background and felony criminal record check on the applicant. The applicant shall
further authorize the police department to release information received from such investigation to the city council.
Should the city council deny the applicant's request for a license due, partially or solely, to the applicant's prior
conviction of a crime, the city council shall notify the applicant in writing of the following information: (Ord. 214,
sec. 1, 12-6-1982; amd. Ord. 298, sec. 7, 8-18-1986)
A. The grounds and reasons for the denial;
B. The applicable complaint and grievance procedure as set forth in Minnesota statutes section 364.06;
C. The earliest date the applicant may reapply for a license; and
D. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 214, sec. 1, 12-6-1982)
3-1-6-2: HEARING REQUIREMENTS:
A. Notice Of Hearing: Upon receipt of the written report and recommendation by the police department, and
within twenty (20) days thereafter, the clerk shall cause to be published in the official newspaper ten (10)
days in advance, a notice of hearing to be held by the council, setting forth the date, time and place when the
hearing will be held, the name of the applicant, the premises where the business is to be conducted, the
nature of the business and such other information as the council may direct. (Ord. 877, 4-4-2011)
3-1-11: PERSONS INELIGIBLE FOR LICENSE:
H. Criminal History: City Council will take into consideration the right to deny any applicant who has any of the
following in their criminal history:
• Convicted Felon
• Cancelled-IPS driver’s license status at any point in applicant’s driving history
• Pattern of alcohol-related offenses
3-1-14-4: PRESUMPTIVE CIVIL PENALTIES:
B. Best PracticesCompliancy Check Program: The best practicescompliancy check program is a program
offered by the city of Lakeville with the intent to eliminate promote responsible sales of alcohol to youth. The
compliancy check program consists of three compliance checks, run by the police department, within a
calendar year. Every business will experience at least two compliance checks. The third compliance check
will be random businesses, but not all businesses will experience a third check. The compliance checks are
designed to keep businesses aware of their responsibility of alcohol sales. The randomness of these
compliance checks establishes that awareness. It is a voluntary program offered to liquor establishments in
the city. The program offers incentives to the licensees to undertake certain practices believed to be helpful
in avoiding sales to minors. Establishments participating in the best practices program will benefit. Specially
trained officers will provide training to participating license holders. The officers provide a training program
targeting illegal sales of alcoholic beverages to persons under the age of twenty one (21). Participating
license holders will also be given the advantage of a different set of presumptive penalties. Those who
choose to participate in the program will have the opportunity to enroll anytime during their licensure period
and at the time of their license renewal. The licensee will indicate in writing to the Lakeville police department
their intent to participate. The first four (4) items in the grid are mandatory. The licensee must choose items
from the list of electives to equal a total of sixty (60) points. The city will conduct random compliance checks
to verify compliance.
Required Items
Inspection of records to verify compliance
Minimum of 75 percent of all alcohol selling employees trained by Lakeville police
department or an alternate training program approved by the Lakeville police department
Internal program in place for ongoing training of new and current alcohol selling
employees
Policy requiring identification checks for anyone appearing to be 40 or under
Points Electives
20 Participation in TIPS or similar (city approved) training program - 75 percent of alcohol
serving employees certified
10 Internal employee reward and recognition program (program to reward any employee who
catches any underage customer attempting to purchase alcohol)
10 Approved internal compliance check program
10 Automated identification card scanner system1
20 Automated identification card scanner system integrated into register system1
10 Prearrangement to meet immediately on violations (meet with police department and city
staff immediately instead of waiting for criminal court proceedings)
10 Policy requiring identification checks for every alcohol transaction regardless of apparent
age
10 Preagreement to work with police on preventing secondary alcohol sales
10 Minimum age of 21 for employees selling alcohol products
10 Use of an application for employment that requires disclosure of criminal history
information, previous convictions for crimes related to serving alcohol, and a commitment
not to hire persons with relevant criminal convictions
Note:
1.Cannot do both automated identification card scanner system and automated identification card scanner
system integrated into register system.
C. Presumed Penalties For Violations:
1. For a licensed establishment enrolled in the city's best practices program at the time of the violation, tThe
presumed penalties for violations are as follows (days below indicate consecutive days' suspension):
Type Of Violation
1st
Violation
2nd
Violation
3rd
Violation
4th
Violation
Commission of a felony related to
the licensed activity
Revocation n/a n/a n/a
Sale of alcoholic beverages while
license is under suspension
Revocation n/a n/a n/a
Sale of alcoholic beverages to
underage person:
- on-sale intoxicating liquor $500 750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
- on-sale beer and wine 500750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
- off-sale 3.2 beer 500750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
Sale of alcoholic beverages to
obviously intoxicated person
500750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
After hours sale of alcoholic
beverages
500750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
After hours display or
consumption of alcoholic
beverages
500750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
Refusal to allow governmental
inspectors or police admission to
inspect premises
$2,000.00 and
6 days
Revocation n/a n/a
Illegal gambling on premises $500750 .00 $7501000.00
and 3 days
$1,5000.00
and 6 days
Revocation
Failure to take reasonable steps
to stop person from leaving
premises with alcoholic
beverages
500750 .00 $7501000.00
and 3 days
$1,0500.00
and 6 days
Revocation
Sale of intoxicating liquor where
only licensed for 3.2 percent malt
liquor
$2,000.00 and
6 days
Revocation n/a n/a
The penalty for violations without a presumptive penalty shall be determined by the city council.
2. For licensed establishments not enrolled in the city's best practices program at the time of the violation, the
presumed penalties for violations are as follows (unless otherwise specified, numbers below indicate consecutive
days' suspension):
Type Of Violation
1st
Violation
2nd
Violation
3rd
Violation
4th
Violation
Commission of a felony related to
the licensed activity
Revocation n/a n/a n/a
Sale of alcoholic beverages while
license is under suspension
Revocation n/a n/a n/a
Sale of alcoholic beverages to
underage person:
- on-sale intoxicating liquor $1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
- on-sale beer and wine 1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
- off-sale 3.2 beer 1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
Sale of alcoholic beverages to
obviously intoxicated person
1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
After hours sale of alcoholic
beverages
1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
After hours display or consumption
of alcoholic beverages
1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
Refusal to allow governmental
inspectors or police admission to
inspect premises
$2,000.00 and
12 days
Revocation n/a n/a
Illegal gambling on premises $1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
Failure to take reasonable steps to
stop person from leaving premises
with alcoholic beverages
1,000 .00 $1,500.00 and
6 days
$2,000.00
and 12 days
Revocation
Sale of intoxicating liquor where
only licensed for 3.2 percent malt
liquor
$2,000.00 and
12 days
Revocation n/a n/a
The penalty for violations without a presumptive penalty shall be determined by the city council. (Ord. 858, sec.
2, 9-8-2009)
G. Computation of Violations: Violations are computed as follows:
1 All violations of the Compliancy Check program will be counted as an additional violation for a period of two years.
H. Other Penalties: Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty
(60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose
conditions, or take any other action in accordance with law; provided, that the license holder has been
afforded an opportunity for a hearing in the manner provided in this chapter. (Ord. 838, sec. 1, 5-5-2008)