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CR 2000-63 Temporary Liquor License, Hopkins Jaycees for the at Large Bravo Award Celebration . . . March 29, 2000 Council Report 2000-63 Temporary Liquor License, Hopkins Jaycees For the At Large Bravo Award Celebration Proposed Action Staff recommends adoption of the following motion: Move to approve a temporary liquor license for the Hopkins Jaycees at 10889 Excelsior Boulevard from 4:00 p.m. to 12:00 a.m. on April 13. 2000. This action will allow the Jaycees to sell alcoholic beverages at the Twinwest/Jaycees At Large Bravo Award Celebration. Overview The Hopkins Area Jaycees along with the Twinwest Chamber of Commerce are sponsoring a celebration at the Hopkins Auto Body, 10889 Excelsior Boulevard. The Auto Body will be recognized by the Chamber for property improvement. The sale of . alcohol will be a fund raiser for the Jaycees. Captain Liddy brings up some concerns in his memo to the Council on this issue. Primary Issues to Consider . Does State Law allow the sale of alcohol at this event? . What does City Ordinance allow? . Who issues the temporary liquor license? . Have the Police reviewed the application? . Have all of the requirements been met? Supporting Information . Copy of State Statute governing temporary liquor licenses . Copy of City Ordinance 1200.09 . Memo from Captain Jim Liddy, Hopkins Police Department · Full application available in the City Clerk's office Financial Impact: $ Budgeted: Y/N Related Documents (CIP, ERP, etc.): Notes: Source: Council Report 2000-63 Page 2 . Does State Law allow the sale of alcohol at this event? . State Statute allows the governing body of a municipality to issue a temporary on-sale liquor license to a club or charitable, religious, or other nonprofit organization that has been in existence for at least three years. The license may authorize the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The Twinwest Chamber is the sponsor, but the Jaycees are members of the Twinwest Chamber, so they will qualify as the sponsor. . What does City Ordinance allow? The City Ordinance allowing the temporary sale of on-sale alcohol reads the same as the Statute. . Who issues the temporary liquor license? Even though the Statute allows the municipality to issue a temporary on-sale liquor license, the Commissioner must approve the application and is actually the issuer. After the City approves the application, it is sent to Gambling and Liquor Control, where it is approved by the Commissioner and is then issued. . Have the Police reviewed the application? . The Hopkins Police Department has reviewed the application. A memo from Captain Jim Liddy is enclosed. Captain Liddy addresses P.D. concerns in that memo. He would like to be assured that only those who have attended server classes will be behind the bar and would like to be assured that the bar will be indoors and that the car wash will not be open at the time of the event. I spoke with Jennifer Miller. Ms. Miller said that the function will last about two to three hours. The agenda will allow one hour for a social hour, social hour will be followed by the presentation and then dinner will be served. During this time, the business will not be open to the public. All of those who are working behind the bar have attended seNer training. The bar will be set up inside the building. Hosts and hostesses will be stationed at the door and will not allow anyone to leave with containers. . Have all of the requirements been met? The Jaycees have provided a certificate of insurance for the event. They meet the requirements as set forth by the statute. Alternatives 1. Approve the application. 2. Do not approve the application . Staff recommends alternative one. MEMORANDUM TO: Terry Obermaier FROM: Capt. Jim Liddy DATE: March 29, 2000 SUBJECT: Temporary Liquor License Application - Jaycees I TwinWest. Before approving this liquor license request, the Police Department would like to express several concerns and make sure that these concerns are addressed. First, there is minimal information supplied regarding the reason for this event. The application does not indicate,whether this is an open house type of event where people will be coming and going throughout the time period or whether it is an event where individuals can be expected to come at the beginning of the event and stay for several hours or until the stated end of the event. If the latter is the case, we are concerned about the amount of alcohol which individuals would consume during this extended period and then get in their cars to drive home. .. Secondly, is the business, particularly the car wash, going to be open during this event? This would increase the potential for alcohol related driving violations. Third, it is our understanding that this event, while sponsored by the Twin West Chamber of Commerce, is open to the general public. We need assurances that those who will be serving the alcoholic beverages have had the proper "server training" and are knowledgeable in the law regarding the consequences of serving alcoholic beverages to underage people, requiring identification from those who even appear underage and recognizing the signs of intoxication and refusing to continue to serve these individuals. Fourth, there is no indication if the location of the bar(s) to be utilized will be inside a building or outside or in an open garage bay. Having the service bars outside or in an open garage bay would be more conducive to people leaving the premises with open containers. Some mechanism needs to be in place to reduce the likelihood of this occurrence. Based upon the type of event being held, it does not appear necessary to require 08'- duty police officers to be hired for "crowd control". On-duty officers can, however, be expected to drive through the area or stop by. If the Police Department has assurances that its concerns have been addressed, particularly numbers three and four, we would not oppose issuance of this permit. \ 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 anyon-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. .: Subd. 8. The above provisions shall not apply to any business having an on-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 establishment has been closed and without a liquor license for 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 Temporarv 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. Section 1200 Page 2 . . . Subd. 10. Temporary on-sale licenses. The governing body of a municipality may issueuto (1) a club or charitable, . religious, or other nonprofit organization in existence for at least three years, (2) a political comniittee/registered under section 1 OA.14, or (3) a '~tc:ite university, 'a temporary license for the on-sale of intoxicating liq~'or in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. A county under this section may issue a temporary license only to a premises located in the unincorporated or unorganized territory of the county. 340A.409 requires Insurance 340A.504 designates the allowed time of sales '" "