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HomeMy WebLinkAboutItem 06.hFebruary 9, 2016 Item No.________ ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE Proposed Action Staff recommends adoption of the following motion: Move to adopt an ordinance amending Title 3, Chapter 1, of the Lakeville City Code concerning alcoholic beverages, and adopt a summary ordinance for publication. Passage of this motion eliminates the Best Practices program as currently defined in the City Code. It also redefines penalties for alcohol related violations and includes additional grounds for denial of a license. The amendment also eliminates the requirement for a recommendation from the Police Department regarding new license applications. Overview The proposed ordinance amendments were recommended by the Police Department and presented to the City Council at your January 26th work session. The proposed amendments are consistent with the information reviewed by the City Council, except the section related to the compliancy check program has been removed from the ordinance at the recommendation of the City Attorney, since ordinances do not typically adopt these specific practices and procedures. Primary Issues to Consider What effect will the elimination of the Best Practices program have on the City’s desire to promote responsible sales of alcohol? The Police Department shall continue to perform random compliance checks at least twice each calendar year, with some businesses experiencing a third compliance check as needed. The redefined penalties for violations are intended to serve as an incentive to license holders to provide regular alcohol server training to their employees. Supporting Information Red-lined ordinance Charlene Friedges, City Clerk Financial Impact: $____________Budgeted: Y/N ____ Source: __________________ Related Documents (CIP, ERP, etc.): ________________________________________ Community Values: Good Value for Public Services ___________________________ 1 185501v1 ORDINANCE NO. 957 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-6-2A of the Lakeville City Code is amended by adding the following: 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. SECTION 2. Section 3-1-11 of the Lakeville City Code is amended by adding the following: H. Criminal History: City Council shall have the right to deny a license to any applicant who has any of the following criminal history: 1. Convicted Felon 2. Driver’s license that was cancelled as inimical to public safety 3. Pattern of alcohol-related offenses SECTION 3. Section 3-1-14-4 of the Lakeville City Code is amended to provide as follows: A. Purpose: The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate. The council may deviate from the presumptive penalty where the council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the council will provide written findings that support the penalty selected. 2 185501v1 B. Best Practices Program: The best practices program is a program offered by the city of Lakeville with the intent to eliminate sales of alcohol to youth. 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 3 185501v1 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. BC. 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: $750.00 $1,000.00 and 3 days $1,500.00 and 6 days Revocation - on-sale intoxicating liquor $500 .00 $750.00 and 3 days $1,000.00 and 6 days Revocation - on-sale beer and wine 500 .00 $750.00 and 3 days $1,000.00 and 6 days Revocation - off-sale 3.2 beer 500 .00 $750.00 and 3 days $1,000.00 and 6 days Revocation Sale of alcoholic beverages to obviously intoxicated person 500 750.00 $7501,000.00 and 3 days $1,0500.00 and 6 days Revocation After hours sale of alcoholic beverages 500 750.00 $7501,000.00 and 3 days $1,0500.00 and 6 days Revocation After hours display or consumption of alcoholic beverages 500 750.00 $7501,000.00 and 3 days $1,0500.00 and 6 days Revocation 4 185501v1 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 $500 750.00 $7501,000.00 and 3 days $1,0500.00 and 6 days Revocation Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages 500 750.00 $7501,000.00 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 5 185501v1 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. CD. Multiple Violations: At a licensee's first appearance before the council, the council must act upon all of the violations that have been alleged in the notice sent to the licensee. The council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection CB of this section. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council's discretion. DE. Subsequent Violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the city administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the council. EF. Subsequent Appearances: Upon a second or subsequent appearance before the council by the same licensee, the council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the 6 185501v1 particular violation or violations that were the subject of the prior appearance. However, the council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. FG. Computation Of Violations: Violations are computed as follows: 1. For a licensed establishment enrolled in the city's best practices program at the time of the violation, Any violation which occurred within two (2) years of the current violation will be counted. 2. For licensed establishments not enrolled in the city's best practices program at the time of the violation, any violation which occurred within three (3) years of the current violation will be counted. (Ord. 858, sec. 4, 9-8-2009) HG. 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. SECTION 4. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 16th day of February, 2016 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: _________________________________ Matt Little, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk 1 185501v1 ORDINANCE NO. 957 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-6-2A of the Lakeville City Code is amended by adding the following: Notice Of Hearing: Upon receipt of the written report 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. SECTION 2. Section 3-1-11 of the Lakeville City Code is amended by adding the following: H. Criminal History: City Council shall have the right to deny a license to any applicant who has any of the following criminal history: 1. Convicted Felon 2. Driver’s license that was cancelled as inimical to public safety 3. Pattern of alcohol-related offenses SECTION 3. Section 3-1-14-4 of the Lakeville City Code is amended to provide as follows: A. Purpose: The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate. The council may deviate from the presumptive penalty where the council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the council will provide written findings that support the penalty selected. 2 185501v1 B. Presumed Penalties For Violations: 1. The 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 $750.00 $1,000.00 and 3 days $1,500.00 and 6 days Revocation Sale of alcoholic beverages to obviously intoxicated person $750.00 $1,000.00 and 3 days $1,500.00 and 6 days Revocation After hours sale of alcoholic beverages $750.00 $1,000.00 and 3 days $1,500.00 and 6 days Revocation After hours display or consumption of alcoholic beverages $750.00 $1,000.00 and 3 days $1,500.00 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 $750.00 $1,000.00 and 3 days $1,500.00 and 6 days Revocation Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages $750.00 $1,000.00 and 3 days $1,500.00 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. 3 185501v1 C. Multiple Violations: At a licensee's first appearance before the council, the council must act upon all of the violations that have been alleged in the notice sent to the licensee. The council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection B of this section. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council's discretion. D. Subsequent Violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the city administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the council. E. Subsequent Appearances: Upon a second or subsequent appearance before the council by the same licensee, the council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the prior appearance. However, the council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. F. Computation Of Violations: Any violation which occurred within two (2) years of the current violation will be counted. G. 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. SECTION 4. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 16th day of February, 2016 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: _________________________________ Matt Little, Mayor ATTEST: __________________________________ Charlene Friedges, City Clerk 182119v1 SUMMARY ORDINANCE NO. 957 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES This ordinance amends Title 3 of the City Code concerning alcoholic beverages. The ordinance eliminates the Best Practices Program for the sale of alcoholic beverages, amends the presumptive penalties for violations of Title 3, amends the provision on persons ineligible for licenses, and makes other wording changes. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 16th day of February, 2016 CITY OF LAKEVILLE BY: ________________________________ Matt Little, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk