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Memo- Liqour Ordinance & Violation Policy I Police Services Liaison Office I . Memo To: Honorable Mayor & Members of the City Council Cc: Jim Genellie, Acting City Manager From: Kathy Magdal \ I ''') 1 r') Date: June 16, 2004 Re: Liquor Ordinance & Violation Policy At the May 3rd Chemical Health Commission meeting, discussion was held regarding the current liquor ordinance and violation policy. The commission made the following recommendations for revision of the current ordinance and policy: . Add the 2-tier "Best Practices" Program to our current ordinance. . In the ordinance, do not require alllD's to be checked; instead make that part of the "Best Practices" requirements, That way, it would be voluntary, but beneficial to comply. . . Have only a fine and no suspension for "Best Practices" participants who fail their first check and then a fine and stay the suspension for the second failure. . A grid that has specific penalties rather than a range of penalties, By doing this, the business will know exactly what they will be facing in regards to penalties. . Deal with civil penalties immediately; do not wait until after criminal penalties are resolved, On June 7th, the Chemical Health Commission met with 6 liquor licensees to discuss the current liquor ordinance and violation policy and the commission's proposed changes. The attached handouts were distributed for review and discussion at the meeting. The general consensus from the representatives of the liquor industry was acceptance of the changes in the ordinance and the establishment of the "Best Practices" Program. Some of the concerns were regarding the mandatory 10 checking and the training. Questions for Council to consider; . Should ordinance require one mandatory compliance check in a 12-calendar month period? . Currently, fines from failing compliance checks goes into the Chemical Health Commission budget; should these fines go to Crime Prevention budget? I look forward to meeting with you on Tuesday, June 22. . (Attach ments) . SYNOPSIS - LIQUOR ORDINANCE & LIQUOR VIOLA nON POLlCY: Proposed changes to ordinance: r 1200.42, Conditions of License ~ addition of Subd,S, Training, which requires each licensee to have at least one representative attend all mandatory liquor license training conducted by the city, ,- 1200,52, Hearing Notice, which states that no suspension or revocation will take effect until the licensee has had the opportunity for a hearing, r Dropping the Hopkins Liquor Law Violation Policy 4-8 and making the presumptive civil penalties part of the liquor ordinance, Proposed changes to presumptive civil penalties: ,- Penalties are set for each violation . ,- Formation of the "Best Practices" Program with specific requirements for participation and own set of penalties for violations, ,- Suspensions will begin on the same day of the week as the violation occurred (i.e, if compliance check was performed on a Tuesday and the licensee failed, the suspension would begin on a Tuesday) and will be consecutive days, ,- Administrative hearings will be with the Police Chief ,- For computing the time between violations, a violation will be considered a second violation if it occurs within 24 calendar months of the first and will be considered a third violation if it occurs within 36 calendar months of the second, '1/)) ,- (.. ,-; , -'... " --F ' "1 \." (, , l , , , -, I . I ,. j (~ \, ,"--) ",;' ,'"L j ( , " ,) I~ c' \ r' 1'-., - I '1", l/ I J l. .- . . L/ " . ''I If, , II !_A T""t...\. ' I' - ..-.. --..-.-.--- , Hopkins City Code (April 1CJ9cl) 1200.01 . CHAPTER XII SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES 1200,01. Provisions of the State Law adopted. The provisions of Minnesota State Statute, Chapter 340A, relating to the definitions of terms, licensinq, consumption, sales, financial responsibility of licensees, hours of sale and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full. 1200.03 Licenses Required. Subdivision 1. General requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City of Hopkins, any intoxicating liquor without a license to do so as provided in this ordinance. Liquor licenses shall be of eight kinds: . on~sale . temporary on-sale . off-sale . club . on-sale wine . 3.2 ~, ma 1 t liquor on-sale . 3.2 ~, malt liquor off-sale . temporary 3.2\', malt liquor on-sale. . 1200.05. subdivision 1. On-sale licenses. On-sale licenses shall be issued only to hotels, club s , restaurants, Bowling Centers and to exclusive liquor stores, which exclusive liquor stores were in existence on July 1, 1999, and shall permit on-sale of liquor only. Ten on-sale licenses may be granted in a year. Subd. 2. After July I, 19CJ9, no on-sale liquor license shall be issued to an establishment unless the applicant makes a bona fide estimation that at least fifty percent of the gross receipts of the establishment during its firtit year of business will be attributable to the sale of food. Subd. 3. Each establishment granted an on-sale liquor license under this section shall have the continuing obligation to have at least fifty percent of gross receipts from the establishment during the preceding business year attributahle to the sale of food. . ,c;prtinn l?nn P;'IrlP 1 Hopkins city Code (Revised April 1999) 1200.07 . Subd. 4. For the purpose of this requirement, "establishment" shall include the food and beverage portion of a multi-service establishment. Financial records for the food and beverage portion must be maintained separately from the records of the remainder of the establishment. Subd. 5. For the purpose of this section, "sale of food" shall include gross receipts attributable to the sale of food items, soft-drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of a plain or mixed alcoholic beverage, such as ice, soft-drink mixes or other mixes. Subd. 6. The Council may require the production of such documents or information, including, but not limited to, books, records, audited financial statements, or pro forma financial statements as it deems necessary or convenient to enforce these provisions. The Council may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. Subd. 7. In addition to other remedies that it may have available, the Council may place the license of any on~sale liquor licensee on probationary status for up to one year, when the sale of food is reported, or found to be, less than fifty percent of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the Council may require to increase the sale of food. . Suhd. 8. The above provisions shall not apply to any business having an un-sale liquor license prior to July 1, 1999 and will not affect the future renewals of the on~sale licenses for such businesses. These provisions shall not apply to new licenses issued for existing establishments, due to sale or transfer of ownership of these establishments, unless the estahlishment has been closed and without a liquor license fur at least 90 days. These provisions shall also not apply to any new on-sale liquor license for a hotel or bowling alley. 1200.07 On-Sale wine licenses. Subdivision 1. On-sale wine licenses shall be issued only to restaurants meeting the qualifications of Minnesota Statutes Section 340A.404. Subdivision 5, and shall permit only the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. Subd. 2 The holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale and whose gross receipts are at least 60 percent attributable to the sale of food, may sell intoxicating malt liquors at on-sale without an additional license. 1200.09 Temporary on-sale licenses. Subject to the approval of the commissioner of public safety, temporary on-sale licenses shall be issued only to clubs or charitable, religious, or other non-profit organizations In existence for at least three years. A temporary license authorizes the on- sale of intoxicating liquor in connection with a social event within the city sponsored by the licensee and subject to restrictions imposed by the state liquor act. . S<=>rt-inn l?()n Pr1rJP ? Hopkins City Code (Revised April 1999) 1200.11 . 1200.11. Off-sale licenses. Off-sale licenses shall be issued to exclusive liquor stores and shall permit off sales of liquor only. No off-sale license shall be issued to an establishment holoing an on-sale liquor license except those on-sale and off-sale licenses that are presently existing in such combination. The sale of such an establishment shall not prevent the new owners from applying for an off-sale liquor license. At any time hereafter that any such existing combined on-sale and off-sale licenses are for any reason suspendeu, canceled, or not applied for, no further re-issuance or renewal of such licenses shall thereafter be allowed or issued in combination. 1200.12. No new off-sale license shall be granted for any building within 350 feet of any elementary or secondary school; daycare center; or religious iI1Sti tution. Furthermore, no new off-sale license shall be granted for any building within 350 feet of any existing 1 i quo r store, pawn shop, licensed currency exchange, or any business licensed under Section 1160 or 1165 of the Hopkins City Code (Adult businesses. ) For purposes of this ordinance, this distance shall be a horizontal measurement from the nearest existing property line of any church site, school site, day care site, or the site of any existing liquor store, pawn shop, licensed currency exchange, or any business licensed under Section 1165 of the Hopkins City Code, to the nearest property line of the proposed off-sale liquor site. (Added by Ord. 2003-897) 1200.13. Special club licenses. Special club licenses shall be issued only to incorporated clubs or congressionally chartered veterans' organizations that have been in existence at least three years. . 1200.15. Special license for Sunday sales. A special license authorizing sales on sunday in conjunction with the serving of food may be issued to any hotel, restaurant, Bowling Center or club which has facilities for serving at least 30 guests at one time, and which has an on-sale license. 1200.17. 3.2 percent malt liquor, on-sale. An on-sale 3.2 percent malt liquor license may only be issued to drugstores, restaurants, hotels, clubs, bowling centers where food is prepared and served for consumption on the premises and in hona fide clubs, and shall permit the sale of beer for consumption on the premises only. 1200.19. 3.2 percent malt liquor, off sale. Subdivision l. A 3.2 percent off-sale malt liquor license may be issued to permit the sale of beer in the original packages for removal from and consumption off the premises only. Subd. 2. Exemptions. a. Any person licenser! to sell intoxicating liquor at on-sale shall not be required to obtain a 3.2 percent malt liquor on-sale and may sell 3.2 percent beer at on-sale without further license. b. Any person licensed to sell intoxicating liquor at off-sale shall not be required to obtain a 3.2 percent malt liquor off-sale license ann may sell 3.2 beer without further license. 1200.2l. Temporary 3.2 percent malt liquor. A club or charitable, religious, or nonprofit organization may be issued a temporary on-sale license for the sale and corsumption of 3.2 percent malt liquor. The issuance of such license shall be made in accordance with city policy. . ,C;prri nn l?nn Pi'l0P " Hopkins City Coue (Revised April 1999) 1200.23 . 1200.23. Appl~~a tion for License. A person desiring any license for ei thpr on-sale or off-sale of liquor, wine, or 3.2 percent malt liquor must file all application in writing with the clerk in the form prescrihed by the commissioner and with such additional information as the council may require. 1200.25. Payment:.. Each application for a license shall be accompanier! l>y payment in full of the license fee and the investigation fee. Each license shall be issued for a period of one year except that if the application lS made during the license year, then the license fee shall be one-fourth of the fee for each three months or part thereof fur the remainder of the license year. 1200.28. Investigation/ qranting of License. The council shall cause investigation to be made of all representation set forth in the application. No license shall be issued, or renewed if the results show to the satisfaction of the council that issuance wuuld not be in the public interest,. Opportllni ty shall be given at a regular or special meeting of the council to any person to be heard for or against the granting of any license. After such investigation, the council shall grant or refuse such license in its discretion provided that no off-sale, wine, or ~lub license shall become effective until it, together with the security furnished Ly the applicant has the approval of the commissioner. The fee for such investigati.on shall be set from time to time by resolution and shall be payable by the applicant whether ur nut the license is granted. 1200.30. Refunds. No refund of any fee shall bp made except as authorized by statute. . 1200.3:2. Proof of Financial Responsibility. No liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility as defined in Minnesota Statutes Section 340A.409 with regard to liability under the statutes, Section 340A.801. Such proof shall be filed with the commissioDPr of public safety. Applicants for liquor licenses to whom the requirement for proof of financial responsibility applies include all applicants for wine and 3.2 percent malt liquor licenses. AllY liability insurance policy filed as proof of financial responsihility under this subdivision shall conform tu Minnesuta Statutes Section 340A.409. Temporary liquor license applicants shall provide aggregate limits of one million dollars. 1200.34. ~,a~ent of Taxes and__?ther Fees. SuLdivision 1. No License shall be granted for operi'ltion on allY premises upon which state or city taxes, assessments or other financial claims of the state or city are delillquent and unpaid. Any existing license may be suspenderi nr n~voked until such time that delinquent or unpaid tax or assessment, or other financial claim is paio In full. At such time that all delinquent or unpaid taxes or assessments or other financial claims are paid in full, a revoked or suspended license shall be re~issued for the remainder of the license period without additional application or payment by the licensee. Subd. 2 Notwithstanding the furegoillCJ, if the delinquent taxes, assessments or other findncidl claims are against a landowner, and the liceIlsee lS a tenant of the landowner and has no financial interest in the landowner, then the City Council may, but shall not he required to, grant a . license to an applicant so long as the applirant i~ not delinquent on any taxes, assessments or other financial claims as set forth herein. SP(,t i (')11 1 ?nl-I PF!rfP 4 ---- Hopkins City Code (Revised April 1999) 1200.36 . 1200.36. Posting. Licensed premises shall have the license posted in a conspicuous place therein at all times. 1200.38. Renewal uf License. Subdivision 1. Time for Renewal. Applications for renewal of an existing license shall be made at least sixty days prior to the date of the expiration of the license. If in the judgement of the City Council, good and sufficient cause is shown by any applicant for his failure to file a renewal application within the time prescribed, the Council may never the less receive such application. Subd. '1 License Renewal Investigation. All renewal applications, L. which reflect a change of status, may be investigated for verification of the matters set forth in the renewal application, which are updated since the last application. If at the time of renewal, a change of the manager of the premises lS identified, the licensee shall pay a supplemental investigation fee which will be set from time to time by resolution and shall be payable whether or not the license is granted. 1200.40. Transfer of License. Subdivision 1. No license shall be transferable between persons or to a different location. Any change in individual ownership or substitution of partners will require application for a new license. For a corporation, a transfer or sale of more than 10\\ of the shares will also require a new license. A transfer of stock without prior council approval and an investigation is a ground for revocation of the license Subd. -, New licenses required under this section will require the L. . full investigation fee to be paid by the applicant. The license fee will be pro-rated according to Section 1200.25. (Amended by Ord. 2003-899) 1200.42. Conditions of license. Subdivision 1. General rule. Licenses granted under this section shall be granted subject to the following conditions of this subsection, and subject to all other ordinances of the ci ty applicable thereto and to all regulations promulgated by the commissioner applicable thereto. Subd 2. Conduct. Every licensee shall be responsible for the conduct of hi s licensed place of business and for conditions of sobriety and order therein. No licensee shall keep, possess, or operate, or permit the keeping, possession, or operation of, on the licensed premises, or in any room adjoilling the licensed premises, any slot machine, dice, or any gambling device or apparatus, nor permit any gambling therein, except that which lS approved by state statute, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control to be used by prostitutes or other disorderly persons. Subd. 3. Sales prohibited. No intoxicating wine, liquor or malt beverage shall be sold or furnished for any purpose whatever to a person under the age of 21 years, or to a habitual drunkard, or to a person under quardianship, or to any person obviously intoxicated, or to any of the persons to whom sale is prohibited by statute. . .c;prt-inn l/(J(J pi'jrTP ,C:; Hupkins city Code (Revised April 1999) 1200.42, Subd. 4 . Subd. 4. Character. A license may not be issued to a person not a citizen or resident alien of the United States and a licensee shctll be of good moral character and repute. A license may not be issued to any person whu shall hereafter be convicted of any willful violation of any law of the United States or the State of Minnesota or of any local ordinance with regard to the manufacture, sale, distrlbution or possession for sale or distribution of intoxicating liquor, nor to any person whose license under this section shall be revoked for dny willful violation of any such laws or ordinances. Subd. 5. Training. Each licensee must have at least one representdtive attend all mandatory liquor license training seminars conducted by the city. The represent~tive need not be the same person each time but must hold d_pusition of responsibility in either the ownership or management of the licensee. 1200.44. Additional conditions of intoxicating liquor licenses and the operation of licensed premises. Subdivision l. The following acts or conduct on licensed premises deemed and decreed to be contrary to public welfare and morals and, therefore, no on sale liquor license shdll he operated, maintained or allowed at, in or on any premises where such acts or conduct are permitted or tolerateu. No lir.ensee shall employ, permit or encouraqe any person or employee In or on any such licensed premises in or under any of the following circumstances: a. whi,l e such employee or person j,s unclothed or in such attire, costwne or clothing as tu expose any portion of the female breast Lelow . the top of the areola, or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; or b. while such employee or person encourages or permits the wear or use of any device or covering exposed to view which resembles or simulates the breast, genitals, anus ur other portion of the body above mentionerl; or c. while such employee or person permits or encourages any person tn perform or simulate the performanr.e of sexual i.ntercourse, sodomy, oral copulatlon, flagellation, masturbation/bestiality or other acts pruhibited by law; or d. while such employee or person pncourages or permits any person to use artificial devices or inanimate objects to depict any of the prohibited activities herein described; or e. while such employee or person encourages or permits any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other persun; or f. while such employee or person encourages or permits any ot the behavior, conditions or acts hpreinabove set forth by any other person or persons. . C;p('j-inll 1 '}on P.'1rrp fl City of Hopkins (Revised April 1999) 120U.11 . Subd. 2. Whenever the term "person" is used in this section, it is intended to mean and shall include but not be limited to, any host, hostess, other employer or employee, customer or spectator and all provisions of this section shall apply equally to both sexes. 1200.46. Hours of operation. Subdivision 1- No sale of 3.2 percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday, except as stated in Section 1200.46, Subrl.. 4. Subd.2. Intoxicating liquor; on-sale. No sale of intoxicating liquor for consumption on the licensed premises may be made: (1 ) between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; (2 ) after 1:00 a.m. on Sundays, except as provided by section 1200.46, Subd. 3. , except as stated in Section 1200.46, Subd. 4. Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that holds a special Sunday on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays, except as stated in Section 1200.46, Subd. 4. . Subd. 4. When a licensee has made application to the City of Hopkins and the Commissioner of Alcohol and Gamblinq for extended hours, and the application has been approved by the Hopkin~ City Council and the Commissioner of Alcohol and Gambling, and all fees have been paid to the City of Hopkins and the Commissioner of Alcohol and Gambling, said licensee may sell intoxicating liquor, wine, or 3.2 percent malt liquor between 1:00 a.m. and 2:00 a.m. on Friday, Saturday and Sunday and the fOllowing holidays: 1- between 1:00 a.m. and 2:00 a.m. on January 1 2. between 1:00 a.m. and 2:UO a.m. November 1 3. between 1:00 a.m. and 2:00 a.m. on March 18 4. between 1:00 a.m. and 2:00 a.m. on December 24 6. between 1:00 a.m. and 2:00 a.m. on Thanksgiving Day a) . Fees for extended hours will be set from time to time in Chapter 10 of the Hopkins City Code by resolution. b) . Section 1200.46, Subd. 4 will be in effect until June 30, 2004, at which time Hours of sale will be as stated in 1200.46, Subdivisions 1, 2, and 3. Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an off-sale licensee: 1- on Sundays; ') before 8:00 a.m. on Monday through Saturday; L. :3 . after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and Saturday. An off-sale licensee may sell intoxicating . liquor until 10:00 p.m. on December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise prohibited. 4. on Thanksgiving Day; 5. on Christmas [lay, December 25; or C;prt-inn 1 ? on P'l0P 7 ---- Hupkin::; City Code (Rev. Ju12003) 1200.48 . G. after 8:00 p.m. on Christmas Eve, December 24. 1200.4R. Evacuation of Licensed Premises. Subdivision 1. No licensed premises named in an ON SALE Intoxicating Liquor License shall remain open for business more than 15 minutes after the closing tlme stated in section 1200.46, Subd. 2 or section 1200.46, subd. 4 of this Ordinance. It lS unlawful for a license~ or an employee of a licensee to permit any person, other than a licensee or an employee, to remain on said licensed premises more than 15 minutes after closinq time. It is also unlawful for any person, not ~ licensee or employee of a licensee, to remain on said licensed premises more than 15 minutes after closing tlme. Subd.~. No licensee or employee of a licensee shall r.nnsume alcohol, or permit the consumption of alcohol on the premises after closinq as stated in section 1200.46, sUDd. ,., and subd. 4. (Added by Ord. 2003- H9g) (Amended Ord. 2003-908) 1200.50. License Revocation or Suspension. MN Statute 340A.415, License Revocation or ~uspension, is adopted by reference. (Amended by Ord. 98-819) 1200.52. Hearing Notic~. No suspension or revucation will take effect until the licensee has been afforded an opportunity for a hearing pursuant to Administrative Procerlure Act MN statute Section 14.57 to 14.70. 1200.54. Presumptive Civil Penalties. Subdivision 1. Purpose. The purpuse . of this sectio~' is to establish a sta~dard by ~hich the City Council determines the length of license suspensions and the propriety of revocations, arui shall apply to all licensedyremises 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 substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combinatj,on with the State or City to prevent the sale of alcohol to minors. When deviatlng from these standards, the Coullcil will provide written findings that support the penalty selecten.. Subd. 2. Minimum Penalties for Viulations. -. The minimum penalties for cunvictions or vlolations must be presumed as follows: The following violations requlre revncatlon of the license on the first violation: · Commission of a felony related to the licensed activity. · Sale of alcohollc b~verages while llceDse is under suspension. Best Practices Estahlishments. Establishments enterlng intu all aqreement with the Police Department as a Best Practices Establishment will use the Best Practices grid. The fullowing violations are subject to the penalty grid described below; · S~le of alcoholic beverage to under-age person. · Sale of alcoholic beverage to obviously intoxicated person. · Salp/consumption of alcoholic beverage before/after hours. 4It · Illegal gambling on premises. · Permi t pe_rson to leave premises with alcoholic heverage (on-sale 9J.)owing off-sal~)~. sprtinn l?On PA0P R . Violations of City Ordinances pertaining to fire, building, or health . codes. 1 st Violation 2nd Violation 3rd Violation 4 th Violation $500 plus $1,000 plus $2,000 plus Revocation 4 days suspension 6 days suspension 10 days suspension BEST PRACTICES PENALTY GRID: 1st Violation 2nd Violation 3rd Violation $500 $1,000 plus Return to regular penalty grid and 5 days suspension, off Best Practices for 1 year. stayed Suspensions. Suspensions will commence on the same day of the week as the occurrence of the violation. Unless specified, numbers indicate consecutive days' suspension during regular business hours. First violations would be handled by an administrative hearing with the Police Chief or his/her designee with the presumptive penalty given to license holders. For Best Practices establishments first and second violations would be handled by an administrative hearing with the Police Chief or his/her designee. Hearings shall take place immediately following the violation. License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The Police Chief also has the right to request a hearing before the Council if he/she believes there exists substantial reason making it appropriate to deviate from the presumptive penalty. I f the Police Chief and the licensee . agree on the presumptive penalty, these will be reported to the City Council in a staff report. Computation of Time. For the purpose of determining the number of occurrences of violations, the Council shall consider a violation as a second occurrence if it occurred within ~ 24 calendar months of the first violation; and shall consider a violation as a third occurrence if it occurred within 3B 36 calendar months of the second violation. Other Penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to f,n days, revoke the license, assess a civil fine not to exceed $2,OOU, to impose conditions or take any adverse action in accordance with law, provided that the license holder has been afforded an opportunity for a hearing. . Sprtinn 1 ?nn PACTP q CITY OF HOPKINS BEST PRACTICES PROGRAM . PURPOSE: The City of Hopkins Best Practices Program is a voluntary program offered to liquor license holders in the city, The program offers incentives to the licensees to undertake certain practices believed helpful in avoiding illegal sales to under-aged buyers, BENEFITS OF P ARTICIP A TION: An establishment that participates in the Best Practices Program will receive two benefits. The first is the availability of employee training provided by the Hopkins Police Department This training will review liquor laws and city ordinances, how to detect fake identifications and other pertinent infonnation regarding alcohol sales, The second benefit is reduced penalties if a violation occurs, The City Council has established presumptive penalties that will be imposed for an illegal sale to an under-aged buyer. A participating establishment will be given the advantage ofa different set of presumptive penalties with reduced consequences. The following shows the presumptive civil penalties: . For non-participants: 2nt Violation :;ra--- 4t Violation jr Violation $1,000 plus $2,000 plus Revocation 6 da s sus ension 10 da s sus ension For participants in the Best Practices Program: 1 st Violation 2nd Violation jrll Violation $500 $1,000 plus Return to regular penalty grid and off Best 5 days suspension, Practices for 1 year. stayed P ARTICIP A TION: A hcensee will be given the option to participate in the program at the time a license is issued and then annually at the time of license renewal. To participate in the program a licensee must sign the Best Practices Program Agreement and then undertake sufficient activities from the list below to equal a total of 100 points, The tirst five items totaling 70 points are mandatory; the . remaining 30 points are earned by completing activities in the discretionary category, The city will conduct spot checks of the participants to determine compliance. ----..-- .-- ..----. Mandator . Points 15 15 25 15 Discretionar (choose 30 oints Points Item Descri tion 15 Yearly meeting between designated Operating Managers and Department Personnel 15 Participation in TIPS training program with minimum set number of em 10 ees certified 15 Employee reward program (program for rewarding employees who catch undera e ersons attem tin to urchase) 20 Automated identification card scanner s stem MANDA TORY CATEGORIES: a) Training - A participant in the Best Practices Program must have at least 75% of their employees attend training provided by the Hopkins Police Department. The establishment must also have a program in place for on-going training of new and . current employees. b) Identification Checks - The establishment must check the identification of all individuals who order alcoholic beverages or attempt to purchase alcohol. People who do not have identification cannot be served or sold alcohol, regardless of their apparent age. The establishment must post signs announcing this policy, c) Policy/Procedure Manual- Each participant will receive a liquor manual from the Hopkins Police Department, which will include the following: 1. State laws and city ordinances pertaining to liquor sales, 2. Instructions on what fonns of identification are legally acceptable, 3. Instructions about how to check identification, 4. Instructions about when to say "No" and how to do it, and 5. Consequences for employees who make an illegal sale, Each employee must review this manual and sign the "Employee Agreement" form to be kept on file at the establishment. DISCRETIONARY CATEGORIES: a) Yearly Meeting - Operating Managers must agree to meet with Hopkins Police Department personnel once a year to review and evaluate their policies. . b) Employee Training - The establishment will participate in the TIPS training program with a minimum set number of employees certified, ------------ c) Reward Program - The establishment will create a program to reward employees who successfully refuse to serve/sell to an under-aged buyer. The rewards should be provided . any time this occurs, not just during official compliance checks, The rewards may be in any form or amount chosen by the establishment. d) Identification Scanners - A number of vendors otTer reasonably priced scanning machines to check identification. The establishment will use this system for all purchases of alcoholic beverages, Please complete~ sign, and return the attached Best Practices Program Agreement to the Hopkins Police Department. . . CITY OF HOPKINS BEST PRACTICES PROGRAM . AGREEMENT , operating in the City of Hopkins with an [on-sale off-sale] liquor license agrees to be a "Best Practices" program participant. With this agreement we understand we must agree to several of the following items, including the first four mandatory items, to a total point value of at least 100 points, Selected Points Item Description ./ 15* Minimum 75% of employees trained by Police Department ./ 15* Program in place for on-going training of new and current employees ./ 25* Pollcy requiring identification checks of all individuals ./ 15* City-approved written policy and procedure manual signed by employees 15 Yearly meeting between designated Operating Managers and Department Personnel 15 Participation in TIPS training program with minimum set number of employees certified 15 Employee reward program (program for rewarding . employees who catch underage persons attempting to purchase) 20 Automated identification card scanner system *These four items are mandatory, Location of Business: Agreement dated this day of ,2004, For the Best Practices Establishment: For the City of Hopkins: Title: Title: . 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