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HomeMy WebLinkAboutOrdinance No. 1610 ORDINANCE NO. 1610 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ALCOHOL RELATED LICENSE VIOLATIONS 5.510 POLICY FOR ALCOHOL LICENSE VIOLATIONS It is the goal of the City of Columbia Heights to have each liquor licensee comply with the law 100% of the time in relation to the ordinance regulating liquor. The City of Columbia Heights will maintain staff to complete annual compliance checks,periodically check establishments for compliance with hours and license conditions. The City will act as a resource to provide server training or to direct businesses to approved training on an annual basis. The City wishes to have all business choose to be a Best Practices liquor licensee. BEST PRACTICES: Best Practices licensees will have the benefit of following the "Best Practices"violation matrix. The Best Practices program is voluntary and serves as a cooperative venture between licensees and the City to meet the goals of the City laid out in the city code. Best Practices licensees will fill out an application from the City of Columbia Heights committing their establishment to working towards 100% compliance with the applicable ordinances and Minnesota State Statutes. Required Activities: Best Practices licensee will agree to keep records of Best Practices activities and to have them available for inspection. The Best Practices licensee will have 75% of all alcohol selling staff trained by the Columbia Heights Police Department, Minnesota Department of Alcohol and Gambling Enforcement, the Minnesota Municipal Beverage Association, the Minnesota Licensed Beverage Association, (or any other organization who provides similar training upon approval by City's Liquor Licensing Department) on an annual basis. Best Practices licensees will have a written internal training program for new employees and a written policy requiring identification on anyone appearing to be 40 years old or younger. Optional Activities: Best Practices licensees will do four(three if they do integrated ID scanner on register) of the following: • Continuously certify 75%of all employees who sell alcohol are trained. • Internal employee reward/recognition program for employees who catch underage customers. • Run an approved internal compliance program. • Automated ID card scanner integrated into cash register. • Pre-arrange to meet with staff and prosecutor on violations. • Have a policy to check ID on every sale. • Have a policy to work with the Columbia Heights Police Department to prevent secondary resale of alcohol. • Have a minimum age of 21 for employees selling alcohol products. PROCESS FOLLOWED FOR VIOLATIONS The purpose of this section is to establish a standard by which the City determines the length of a license suspension, revocation, and/or civil penalty. This policy shall apply to all on-sale and off-sale license holders. These penalties are deemed to be appropriate for all violations. Licensees shall be informed that this policy applies to the License Holder and does not apply to the Criminal Charges against the person who actually violates the law. The City Council may choose to deviate from the prescribed penalty is there are extenuating circumstances. Should the City Council deviate from the adopted policy, they must take official action and document the reasons for the deviation. The City Council may only consider the penalty portion of the action. Should the licensee wish to appeal the facts of a violation, they must request a due process hearing. A. Notice: Upon a determination that a violation of a city ordinance or state law relating to alcoholic beverages has occurred in a licensed premises, the licensee will be issued a notice, either personally or by U.S. Mail, setting forth the nature, date, and time of the alleged violation, the administrative penalties if applicable, the process for appealing the determination and the penalty for failing to comply with the penalty. Mailed notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address contained in City records. B. Compliance: Within 14 calendar days of the date of the notice, a licensee may comply with the penalties set out in the notice by paying the administrative fine and notifying the Licensing Clerk of the dates the licensee chooses to submit to any imposed suspension. Suspension days must be consecutive business days the last of which must not be more than 60 days after the date of the Notice. C. Hearing: Any licensee who receives notice of a violation may, within 14 calendar days of the date of issuance of the Notice,request in writing a hearing before the City Council. A request for a hearing must be submitted to the Licensing Clerk who will cause the request to be placed on the agenda of the next regular City Council meeting that will be held not less than 15 calendar days after receipt of the request. Written notice stating the date, time, and place of the hearing will be provided to the licensee no less than 10 calendar days before the hearing. Such notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in City records. The City Council may sustain, dismiss or amend the violation, and may sustain, waive, reduce, or increase any penalty provided for in this Chapter, except that no penalty may exceed the maximum permitted under state law. The City Council, if it sustains or amends the violation, will establish a new compliance date for the penalties imposed. D. Revocation: Notwithstanding any provisions in this Chapter to the contrary, a violation for which the established penalty is revocation must be forwarded to the City Council for disposition. The notice of violation will include the nature, date, and time of the violation and the date,time, and place of the Council's consideration, which will be not less than 10, nor more than 20 calendar days after the date of service of the notice. Notice will be considered complete upon personal service on the licensee or upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in City records. The Council may sustain, dismiss, or amend the violation. If Council sustains or amends the violation it may revoke the license or impose such other penalty it deems as appropriate provided the penalty does not exceed the maximum permitted under state law. E. Multiple Violations: Each incident with respect to date, time, place, and persons involved, will be deemed a single violation for the purposes of imposing administrative penalties notwithstanding that an incident may involve more than one offense. The City Council may take multiple offenses into consideration when determining whether to deviate from the established penalties for any violation. F. Violations When Another is Pending: Any violation that occurs at a licensed premise while a prior violation is pending for those same premises will be treated as a separate violation and considered a subsequent violation for purposes of imposing an administrative penalty. G. Submission to Council in Lieu of Administrative Procedures: With the concurrence of the City Manager, or their designees, the Licensing Clerk, in lieu of accepting the administrative penalties provided for in Section §5.510, may submit any violation to the City Council for review and determination. The decision must take into consideration the number and seriousness of the offenses allegedly committed in a single incident. The decision to submit a violation to the Council must be included in the initial violation notice along with the date, time, and place the Council will consider the matter. XXXX: PENALTIES A. Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a court of law, the City Council may suspend a license for up to 60 days, may revoke a license and/or may impose a civil fine on a licensee not to exceed $2,000.00 for each violation on a finding that the license holder or its employee has failed to comply with a statute, rule or ordinance relating to alcoholic beverages,malt beverages, or wine. B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council determines the civil fine, 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 for every case; however, the council may deviate in an individual case where the council finds that there exist certain extenuating or aggravating circumstances, making it more 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 or, in the converse, when a licensee has a history of repeated violations of state or local liquor laws. When deviating from these standards, the council will provide written findings that support the penalty selected. When a violation occurs, the staff shall provide information to the City Council to either assess the presumptive penalty or depart upward or downward based on extenuating or aggravating circumstances. The staff shall notify the licensee of the information being considered and acted upon by the City Council. C. Penalties: (1) Except as otherwise provided in this Chapter, the sale of alcoholic beverages to a person under the age of 21, the sale of alcoholic beverages to an obviously intoxicated person, or the failure of an on-sale licensee to take reasonable steps to prevent a person from leaving the licensed premises with an alcoholic beverage will subject the licensee to the following administrative penalties: ("Best Practices"applies only to license holders who are enrolled in the program at the time of the violations) FOR BEST PRACTICES LICENSE HOLDERS: Type of License 1"Violation 2nd Violation 3rd Violation 4th Violation On Sale Intox. $250 $500 and 3 day $1,000 and 5 day Revocation Liquor suspension suspension On/Off Sale Beer $250 $500 and 3 day $1,000 and 5 day Revocation suspension suspension Wineibeer $250 $500 and 3 day $1,000 and 5 day Revocation suspension suspension Club Liquor $250 $500 and 3 day $1,000 and 5 Revocation suspension days suspension FOR OTHER LICENSE HOLDERS: Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On Sale Intox. $500 $750 and 5 day $1,000 and 10 Revocation Liquor suspension day suspension On/Off Sale Beer $500 $750 and 5 day $1,000 and 10 Revocation suspension day suspension Wine/beer $500 $750 and 5 day $1,000 and 10 Revocation suspension day suspension Club Liquor $500 $750 and 5 day $1,000 and 10 Revocation suspension days suspension (2) Except as otherwise provided in this Chapter, the following violations will subject the licensee to the following administrative penalties: Type of 1"Violation 2° Violation 3rd Violation 4t Violation Violation Refusal to $1,000 and 7 $2,000 and 14 Revocation N/A allow City days days inspectors or suspension suspension police admission to premises After hours $1,000 and 7 $2,000 and 14 Revocation N/A sale, display or days days consumption of suspension suspension alcoholic beverages Illegal $1,000 and 7 $2,000 and 14 Revocation N/A gambling on days days premises suspension suspension Commission of Revocation N/A N/A N/A a felony related to licensed activity Sale of Revocation N/A N/A N/A alcoholic beverages while license is under suspension Sale of Revocation N/A N/A N/A intoxicating liquor with only 3.2 percent malt liquor license (3) Any prior violation that occurred more than 24 calendar months immediately preceding the most current violation will not be considered in determining successive violations. (4) The nature of the most current violation will determine the appropriate penalty as established by paragraphs (1) or(2) above, provided, however, that any and all violations occurring within 24 months immediately preceding the most current violation will be considered in determining successive violations. (5) Any licensee who fails to pay an administrative fine or adhere to a suspension, whether imposed by this Section or the City Council,within the allotted time period will be subject to an additional suspension of the license for a period of time as determined by the City Council, but not to exceed 60 consecutive days. Any licensee who fails to comply with a City Council imposed license suspension resulting from a prior non-compliance with the administrative penalties imposed by this Chapter is subject to license revocation. (6) Nothing in this Section will prohibit the City from seeking criminal prosecution of any alleged violation of this Chapter in addition to any administrative penalties provided for herein. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: November 13, 2012 Second Reading: November 26, 2012 Date of Passage: November 26, 2012 Offered by: Diehm Seconded by: Williams Roll Call: Williams, aye; Diehm, aye, Schmitt, aye; Nawrocki, aye, Peterson, aye 5 ayes. Mayor Gary L. Peterson r Toq Le*h rdt City Clerk/Council Secretary