HomeMy WebLinkAbout0858AN ORDINANCE REGULATING THE SALE OF ALCOHOL AND
ESTABLISHING PRESUMPTIVE CIVIL PENALTIES FOR LICENSE HOLDERS
Doc. #146587
EBK 7/14/09
ORDINANCE NO. 858
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3- 1 -14 -4 B of the Lakeville City Code is amended as follows:
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
AN ORDINANCE REGULATING THE SALE OF ALCOHOL AND
ESTABLISHING PRESUMPTIVE CIVIL PENALTIES FOR LICENSE HOLDERS
Doc. #146587
EBK 7/14/09
ORDINANCE NO. 858
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3- 1 -14 -4 B of the Lakeville City Code is amended as follows:
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.
Type Of
Violation
1 st
Violation
2 nd
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:
10
Automated identification card scanner system'
20
Automated identification card scanner system integrated into
register system'
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
Prearrangement 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: 'Cannot do both automated identification card scanner system and automated
identification card scanner system integrated in to register system.
SECTION 2. Section 3- 1 -14 -4 C of the Lakeville City Code is amended as follows:
C. Presumed Penalties For Violations:
1. For a licensed establishment enrolled in the City's best practices program at the
time of the violation, the presumed penalties for violations are as follows (days
below indicate consecutive days' suspension):
2
on -sale
intoxicating
liquor
$500
$750 and 3
days
$1000 and
6 days
Revocation
on -sale beer
and wine
$500
$750 and 3
days
$1,000 and
6 days
Revocation
off -sale 3.2
beer
$500
$750 and 3
days
$1,000 and
6 days
Revocation
Sale of
alcoholic
beverages to
obviously
intoxicated
person
$500
$750 and 3
days
$1,000 and
6 days
Revocation
After hours
sale of
alcoholic
beverages
$500
$750 and 3
days
$1,000 and
6 days
Revocation
After hours
display or
consumption
of alcoholic
beverages
$500
$750 and 3
days
$1,000 and
6 days
Revocation
Refusal to
allow
governmental
inspectors or
police
admission to
inspect
premises
$2,000 and
6 days
Revocation
N/A
N/A
Illegal
gambling on
premises
$500
$750 and 3
days
$1,000 and
6 days
Revocation
Failure to
take
reasonable
steps to stop
person from
leaving
premises
with
alcoholic
beverages
$500
$750 and 3
days
$1,000 and
6 days
Revocation
3
Type Of
Violation
1st
Violation
2 nd
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
$1,500 and
6 days
$2,000 and
12 days
Revocation
on -sale beer
and wine
$1,000
$1,500 and
6 days
$2,000 and
12 days
Revocation
off -sale 3.2
beer
$1,000
$1,500 and
6 days
$2,000 and
12 days
Revocation
Sale of
intoxicating
liquor where
only licensed
for 3.2
percent malt
liquor
$2,000 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):
Sale of
alcoholic
beverages to
obviously
intoxicated
person
$1,000
$1,500 and
6 days
$2,000 and
12 days
Revocation
After hours
$1,000
$1,500 and
$2,000 and
Revocation
sale of
alcoholic
beverages
6 days
12 days
After hours
$1,000
$1,500 and
$2,000 and
Revocation
display or
consumption
of alcoholic
beverages
6 days
12 days
Refusal to
$2,000 and
Revocation
N/A
N/A
allow
governmental
inspectors or
police
admission to
inspect
premises
12 days
Illegal
$1,000
$1,500 and
$2,000 and
Revocation
gambling on
premises
6 days
12 days
Failure to
$1,000
$1,500 and
$2,000 and
Revocation
take
reasonable
steps to stop
person from
leaving
premises
with
alcoholic
beverages
6 days
12 days
Sale of
$2,000 and
Revocation
N/A
N/A
intoxicating
liquor where
only licensed
for 3.2
percent malt
liquor
12 days
The penalty for violations without a presumptive penalty shall be determined by the
City Council.
5
ATTEST:
SECTION 3. Section 3- 1 -14 -4 F of the Lakeville City Code is amended as follows:
F. 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.
SECTION 4. Section 3- 1 -14 -4 G of the Lakeville City Code is amended as
follows:
G. Computation Of Violations: Violations are computed as follows:
Charlene Friedges, City
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.
SECTION 5. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 8th day of September, 2009 by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY:
6
AT ST:
C arlene Friedges, C Clerk
Doc. #147118
EBK 8/7/09
SUMMARY ORDINANCE NO. 858
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE REGULATING THE SALE OF ALCOHOL
AND ESTABLISHING PRESUMPTIVE CIVIL PENALTIES
FOR LICENSE HOLDERS
This ordinance amends City Code Title 3, Chapter 1, Section 14, relating to the sale of
alcohol by licensed establishments. This ordinance provides for presumptive civil penalties for
liquor violations committed by liquor license holders. This ordinance provides terms and
conditions under which a liquor license may be suspended or revoked, or monetary civil
sanctions imposed. The ordinance establishes one set of penalties for license holders who
participate in the City's "Best Practices" program, and a different set of penalties for license
holders not enrolled in the "Best Practices" program.
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 8
day of September, 2009.
CITY OF„,LAKEVILLE
BY:
olly
D
PUBLIC NOTICE
SUMMARY ORDINANCE NO. 858
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE REGULATING
THE SALE OF ALCOHOL
AND ESTABLISHING PRESUMPTIVE
CIVIL PENALTIES
FOR LICENSE HOLDERS
This ordinance amends City Code Title 3,
Chapter 1, Section 14, relating to the sale
of alcohol by licensed establishments. This
ordinance provides for presumptive civil
penalties for liquor violations committed by
liquor license holders. This ordinance pro-
vides terms and conditions under which a
liquor license may be suspended or
revoked, or monetary civil sanctions
imposed. The ordinance establishes one
set of penalties for license holders who
participate in the City's "Best Practices"
program, and a different set of penalties for
license holders not enrolled in the "Best
Practices' program.
A printed copy of the entire ordinance is
available for inspection by any person dur-
ing the City Clerk's regular office hours.
Approved for publication by the City
Council of the City of Lakeville, Minnesota,
this 8th day of September, 2009.
CITY OF LAKEVILLE
BY:Holly Dahl, Mayor
ATTEST:
Charlene Friedges, City Clerk
1904387 9/18/09
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) SS
Tad Johnson, being duly sworn on oath says that he is the managing editor of the
newspaper known as Thisweek Farmington/Lakeville, and has full knowledge of the facts
which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Friday, the 18th day of September, 2009, and was therefore printed and published on
every Friday to and including Friday, the 18th day of September, 2009, and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged
as being the size and kind of type used in the composition and publication of the notice
abcdefghijklmnopqrstuvwxyz
Managing Editor
Subscribed and sworn to before me on
this 18th day of September, 2009
4‘- Y/4)
Notary Public
Kara Elizabeth Shimota
Notary Pub!ic
Minnesota
r'1,1y Commission Expires January 31, 2012
1904387