Memo - Liquor 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 Y~\i\
Date: November 2, 2004
Re: Liquor Ordinance & Violation Policy
On June 22, 2004, members of the Chemical Health Commission, Chief Reid and I met with
the City Council in their work session to discuss the current liquor ordinance and violation
policy. At that time, we presented some recommendations for revision of the current
ordinance and policy.
The general consensus was that the establishment of a "Best Practices" Program in the City
. of Hopkins was a good idea. Discussion was held as to what should be part of the "Best
Practices" Program and what should be part of the ordinance. Out of this discussion came
two options.
I am enclosing a synopsis of the two options for your review. These options were presented I
and discussed at the November 1 st Chemical Health Commission meeting. They
unanimously supported Option #1. Staff also recommends Option #1 .
I look forward to the opportunity to discuss this matter with you at your November 9th Work
Session.
.
. Liquor Ordinance & Liquor Violation Policy
Option #1:
Proposed Changes to Ordinance:
./ 1200.42. Conditions of License - addition of Subd.5. 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.
./ Dropping Hopkins Liquor Law Violation Policy 4-B 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 "8est 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_
. The Best Practices program requires the participant to undertake sufficient activities from the list
below to equal a total of 100 points. Please note that 25 of the mandatory points came from
requiring identification checks.
Mandato (70 points
Points
15
15
25
15
Discretiona (choose 30 points)
Points Item Descri tion
15 Yearly meeting between designated Operating Managers and
De artment 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
.
. Option #2:
Require all liquor licensees to check identification on all individuals:
./ Add 1200.48. Identification Required to ordinance which states, "The licensee, his
employee, or agent, shall be required to request each individual to produce identification
for their examination before the sale or serving of any intoxicating liquor. Acceptable
forms of identification are provided under MN Statute Section 340A.503, subdivision 6.
Failure to request identification prior to the sale or serving of any intoxicating liquor shall
result in an administrative fine in the amount of $25.
./ If mandatory identification checks are part of the liquor ordinance, Best Practices should
be revised to require the participant to undertake sufficient activities from the list below
to equal a total of 75 points.
Points
15
15
15
Discretionar
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 ]0 ees certified
15 Emp]oyee reward program (program for rewarding employees who catch
underage ersons attemptin to purchase)
20 Automated identification card scanner s stem
.