Loading...
CR 98-123 Liquor Compliance Checks - PenaltiesJuly 17, 1998 Recommended Action Staff recommends that Council consider penalty options for second -time offenders of the liquor compliance checks conducted under the "Minnesota Join Together Coalition" grant project. Overview Council Report 98 -123 LIQUOR COMPLIANCE CHECKS - PENALTIES The Hopkins Police Department, with the help of the Hopkins Chemical Health Commission, has implemented a program to perform liquor compliance checks at all licensed Liquor establishments in the city of Hopkins. This project was funded by the Minnesota Join Together Coalition Mini -Grant Program. The focus of the project is to "determine the present level of liquor establishment compliance in checking identification as required by law. By identifying locations that are not in compliance, we will be able to assist establishments in correcting the problem by providing them with information on proper identification procedures, and if necessary take administrative or legal action if repeat violations occur."' The program called for compliance checks to be conducted. All establishments were pre - notified by an informational letter. 9 out of 24 establishments failed the first compliance check, and sold alcohol to minors. No criminal or administrative action resulted from these first -round violations. Statistical information gathered during this part of the project was given to the Hopkins City Council, the Hopkins School District and local news media. Each establishment received a letter showing the results of the checks. Those who committed violations received information and educational material to assist them in avoiding future violations, and a copy of MSS 340A.503 covering the sale of alcohol to minors and the associated criminal penalties. Establishments with no violations received a congratulatory letter, supporting information and educational material. ' HPD grant application Council Report 1 Overview, cont'd During a council worksession prior to the acceptance of the grant, penalty options for violations committed during the grant compliance checks were discussed and left open for future consideration. At the July 7 meeting the Hopkins Chemical Health Commission passed a motion to encourage the city to assess penalties for repeat violations made during the last round of grant compliance checks. Staff recommends the Council provide direction from the following alternatives: ALTERNATIVES TO CONSIDER Alternative #1: Adopt the recommendation of the Chemical Health Commission to assess penalties for second -time violators during the final round of grant compliance checks. This would involve pressing criminal charges and administrative penalties outlined in Hopkins Administrative Policy 4 -B, Liquor Law Violations, Alternative #2: Use the results of the final round of grant compliance checks for statistical purposes only, then in a joint meeting of the Council and Chemical Health Commission, discuss administrative actions to be taken in the future for liquor law violations, Alternative #3: Use the results of the final round of grant compliance checks for statistical purposes only, setting forth administrative provisions for future compliance checks which would impose criminal and administrative sanctions. SUPPORTING DOCUMENTS: • MINNESOTA JOIN - TOGETHER COALITION - MINI -GRANT APPLICATION 1997 • ADMINISTRATIVE POLICY 4 -B, LIQUOR LAW VIOLATIONS • LETTER BY CHIEF OF POLICE TO ALL LIQUOR LICENSEES ANNOUNCING COMPLIANCE CHECKS • CONGRATULATORY LETTER TO NON - VIOLATORS • NOTIFICATION LETTER TO VIOLATORS • MEMO TO STEVE MIELKE AND HOPKINS CITY COUNCIL, LIQUOR COMPLIANCE CHECK RESULTS • MEMO TO STEVE MIELKE AND HOPKINS CITY COUNCIL, LIQUOR COMPLIANCE CHECK GRANT Heather M. Al x, • • ministrative Services Manager Council Report 2 Policy 4-B Liquor Law Violations 1. PURPOSE 1.01 It is the intent of this policy to inform the public and business community in the City of Hopkins that henceforth all criminal violations of liquor laws and ordinances will result in automatic administrative action. Nothing in this policy concerning the administrative procedures that will be followed in the event of criminal violations of liquor laws and ordinances shall detract from the Council's authority to impose sanctions for violations of other criminal laws occurring on the premises of licensees or for complaints of non - criminal conduct. 2. PROCEDURE 2.01 In the event of any reports by the Hopkins Police Department of violations of the laws of the State of Minnesota or the ordinances of the City of Hopkins relating to alcoholic beverages, the administration is directed to take the following action: 1. Notify the Council of the report. 2. Monitor the Criminal case resulting from the report. 3. If the criminal case is dismissed or results in an acquittal or if the administration otherwise finds the evidence of the violation unreliable, the Council shall be so informed. The Council, at that time, shall decide whether to dismiss the matter or proceed. 4. If the criminal case results in a conviction or payment of the court cost or if the administration otherwise finds the evidence reliable, the City Manager shall meet with the licensee and invite the licensee to sign a conditional admission and waiver of hearing that includes a proposed sanction. 5. If the conditional admission is signed, it shall be presented to the Council for approval or other action. 6. If the conditional admission is not signed, the licensee shall be provided notice of a suspension/revocation hearing and the matter shall be set down on the Council agenda for hearing. 7. The hearing will be in accord with the Administrative Procedure Act. Minn. Stat. 14.57 to 14.70. The hearing shall be recorded, the City Manager shall present the evidence establishing the violation, and the licensee shall have the right to cross- examine witnesses, present evidence, and make a statement to the Council. The council will issue written findings on whether a violation occurred. Legislative Policy Manual -- Chapter 4-B Page 1 1) Commission of a felony related to the licensed activity. 10 - 25 consecutive days of suspension Revocation N/A 2) Sale of alcoholic beverages while license is under suspension. 10 - 25 consecutive days of suspension Revocation N/A 3 ) Sale of alcoholic beverages to under age person. 0 - 5 consecutive days of suspension. 6 - 15 consecutive days of suspension. Revocation 4) Sale of alcoholic beverage to intoxicated person 0 - 5 consecutive days of suspension.. 6 -15 consecutive days of suspension. 16 consecutive days of suspension to Revocation. 5) Sale of alcoholic beverages after hours, 0 - 2 consecutive days of suspensiop. 3 - 9 consecutive days of suspension. 10 consecrative days of suspension to Revocation. 6) Illegal gambling on premises. 0 - 3 consecutive days of suspension. 4 - 9 consecutive days of suspension. 10 consecutive days of suspension to Revocation. 7) Permit person to leave premises with alcoholic beverage. 0 - 2 consecutive days of suspension.. 3 - 5 consecutive days of suspension. 6 -10 consecutive days of suspension to Revocation. ) Violations of City Ordinances pertaining to fire or building or health codes. 0 - 5 consecutive days of suspension. 6 - 15 consecutive days of suspension. 16 consecutive days of suspension to }}Revocation. 1 3. PRESUMPTIVE PENALTIES FOR VIOLATION'S 3.01 The following list of presumptive penalties be assessed as deemed necessary: e o f Violation 1st Violation 2nd Violatit n 3rd Violation 102 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 18 calendar months of the first violation; and shall: consider a violation as a third occurrence if it occurred within 30 calendar months of the second violation. 3.03 Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to 60 days, revoke the license, assess a civil fine not to exceed $2,000, 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. Established: 515187 Revised: 2/7/89 Minnesota Join Together Coalition - Mini Grant Application 1997 Applicant/Organization Name: Hopkins Police Department Contact Person: Connie Kurtz Address: 1010 1s Street South City: Hopkins State: MN Zip: 55343 Daytime Phone: (612) 939 -1385 Evening Phone: (612) 931 -9777 Amount Requested: $1580.00 What geographic area will your project impact? Area to be affected by the project will be the city of Hopkins, which is 4 square miles, population 16, 532 and the Hopkins School District, which serves four communities and has a student enrollment of 8,038 students. 1. Describe your project in detail: The Hopkins Police Department, with the help of the Hopkins Chemical Health Commission will develop and implement a program designed to perform liquor checks at all licensed liquor establishments in the city of Hopkins (On -sale — 17; Off -sale — 10). Components of the program will include: the develppment of a step -by -step procedure for performing the liquor compliance check, recruitment of reliable community youth participants who will be used to perform the compliance check, and responsible adults who will assist the police department in administering the compliance checks and the project. Results of the compliance checks will be forwarded to the Hopkins City Council, the Hopkins School District and Hopkins Business and Civic Association. Statistical results of the compliance checks will be made public via the official city newspaper. In addition, locations that have failed the compliance check will be furnished with information to correct the problem, prior to a follow-up compliance check. 2. How does your project support MJT's policy priorities? The city of Hopkins formed the Chemical Health Commission in 1988 in response to community concern regarding youth access and use of alcohol, tobacco and drugs. The Chemical Health Commission is comprised of concerned parents, students, business owners, residents, school and city officials who are dedicated . to promoting a safe and healthy community. The Hopkins Police Department and Chemical Health Commission are committed to reducing youth access to alcohol. The Chemical Health Commission is in support of currently proposed legislation to reduce underage use of alcohol (SF316/HF761). 3. How will your project reduce youth access to alcohol in your community? The focus of the project will be to determine the present level of liquor establishment compliance in checking identification as required by law. By identifying locations that are not in compliance, we will be able to assist these liquor establishments in corr 'ng the problem by providing them with information on proper identification procedures, and if necessary aKe administrative or legal action if repeat violations OCCUr. Liquor establishments who consistently comply with checking identification of all potential underage purchasers will reduce youth access to alcohol. In addition, media coverage will help reinforce the message that Hopkins will not tolerat underage drinking. 4. What oth r organizations, agencies, and individuals will participate in your proj ct? Susan Hilal — Hopkins Police Reserve Officer See attached list. 5. If your project includes youth, how will they be involved in your project? Youth will participate in performing the liquor compliance checks. Also, the youth representative from the Chemical Health Commission will participate in the administration of the project. The Chemical Health Commission and the Hopkins School District, with assistance from Hennepin County Community Health, are exploring the possibility of conducting a focus group discussion with school district students regarding youth access to alcohol and alcohol use. Results of the focus group can help support the findings of the compliance checks. 6. Describe your plan to use the media to promote your project or results? Prior to the start of the compliance checks an informational article regarding compliance with state liquor laws, current trend of youth access to a cohol and abuse would be published in th official city newspaper. , sc� Chs a ee . _,..4._ , Upon completion of the project, results will be forwarded to the Hopkins City Coun , Hopkins School District and Hopkins Business and Civic Association. A follow-up article reporting the statistical results of the compliance check project including interviews/statements from the above mentioned groups would be • published in the official city newspaper. .-i a v 7. What other projects have your grouplorganization carried out in the last three years that indicate we can expect you to be successful with this one? 1995 Hopkins Police worked with the Hopkins Jaycees to improve their liquor sales procedures to reduce youth access to alcohol during the annual Raspberry Festival. Since procedures were instituted, there has been a noticeable decrease in alcohol related problems during this vent. 1996 Hopkins Police Department conducted one -time liquor compliance checks in response to complaints of underage youth purchases. 1996 Hopkins Police Department participated in a Minnesota Department of Health tobacco compliance project. Participation in this project resulted in the development and passage of a city ordinance regulating the sale of tobacco in October 1997 (Ordinance # 97 -805.) 1997 Chemical Health Commission sponsored a community -wide program "Walking the Talk ", a program for parents about alcohol, tobacco and other drug use and nonuse. 1997 A Town Meeting was held in June 1997 regarding youth access to alcohol and tobacco. 8. Provid a tim lin f r y ur project, listing the major step you will take to compl to it, who re ponsible for carrying it out, and wh n. Step Person /Group Responsible for Date /Completion 1. Develop Compliance Check & Training Procedures /Connie Kurtz February 1998 2. Recruit & train youth & adult participants /C. Kurtz & Chem Hlth Comm March 1998 April 1998 April -May 1998 3. Media Coverage - article(s) in newspaper /C. Kurtz & Chem Hlth Comm 4. Conduct Compliance Checks/C. Kurtz & Hopkins Police Compliance checks to coincide with School District Spring Break, Prom and end of school year Compile & report results to City Council, School District, HBCA & media June -July 1998 Item Follow -up compliance checks if necessary April -June 1998 9. Provide a budget for your project. Be specific about how you will spend the money you are requ sting. Do not list "miscellaneous" or "supplies" or other general categories as it ms. Budg t for liquor purchases Staff time for training youth Staff time for performing compliance checks & follow -up checks Postage, envelopes, paper/brochure for mailings, gasoline, and refreshments after compliance checks Total $1580.00 10. Is additional funding required to complete your project? NO Key collaborators will be contributing their time as needed for the project In addition, Connie Kurtz of the Hopkins Police Department will be providing in -kind support in the amount of $1200. 11. How will you follow up your project? What do you anticipate will occur after your project is complete? Project follow -up will consist of conducting a seminar for all liquor license holders designed to educate owners and managers regarding their responsibilities as far as the liquor laws are concerned, changes to liquor laws or city ordinance, in addition to making sure proper identification procedures are understood and followed. Also, work toward developing city policy mandating annual corn fiance checks a d administrative penalties for non - compliance. - PsOn1N POLICY Conduct a focus study with community youth regarding their views on underage drinking, youth access to alcohol and possibl solutions to this problem. ,4 Gk.-P .1tt 1 4 - bo-t- , --f-- , --A- O - ape 4 4,4 . Cost $ 300.00 330.00 750.00 200.00 12. In what ways can you/your organization participate in the Minnesota Join Togeth r Coalition? The Chemical Health Commission will continue to support Minnesota Join Together Coalition's efforts in reducing youth access to alcohol. Th _ Commission is currently a member of the Star of the North Coalition and Community Prevention Coalition. The Commission is in support of proposed legislation to reduce underage use of alcohol. As mentioned above the Commission will seek to encourage th city to adopt a policy mandating annual compliance checks and administrative penalties. The Commission was successful in developing an ordinance regulating tobacco sales which was passed in October 1997. 13. By submitting this application, the organizations and individuals involved in this project agree to comply with all reporting requirements as requested by MJT, to provide documentation of project activities, data on any compliance checks conducted, and copies of any media cov rage. Agreed ��4_ Date: I --i'J /� /9q/7 (Signed by co per; Dear Liquor Licenseholder /owner: The Hopkins Police Department and the Hopkins Chemical Health Commission are working together to reduce youth access to alcohol. Underage drinking is on the rise. Access to alcohol comes from a variety of sources: a parent, other adults, friends and commercial sources bars, liquor and convenience stores, and home delivery. Everyone has a responsibility to Make sure that no one under the legal drinking age of 21 obtains alcohol illegally. It is difficult to control social providers of alcohol to those under the legal age. However, in light of recent tragedies, lawmakers in Minnesota and across the country are working to improve legislation to make social providers of alcohol accountable for their actions. In the following months, the Hopkins Police Department will be conducting liquor compliance checks at all on and off sale establishments in town in an effort to reduce if not eliminate illegal sale of alcohol. As a commercial supplier of alcohol, you too have a responsibility to reduce youth access to alcohol. State S aws already in place governing sale of alcohol must be obeyed every time you make a sale. It only takes a few seconds to ask the buyer for identification. In Minnesota, the only forms of identification acceptable to purchase or consume alcohol are Minnesota State Statute 340k503 subd. 6... "a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including a photograph and date of birth of the licensed person; a valid military identification card issued by the United States Department of Defense; or in th case of a foreign national, from a nation other than Canada, by a valid passport" It takes a whole community to tackle this problem. We are asking for your cooperation in reducing youth access to alcohol. Please take the time to ask for proper identification as listed above. If you are not sure if the identification is legal, calf the Hopkins Police Department and an officer will check it out for you Don't take a chance -- when in doubt, refuse the sale. You might be saving a life and your business. Sincpgely, ...a. 4. 04444"-) Earl L. Johnson Chief of Police May 26, 1 998 Dear Liquor Licenseholder: CONGRATULATIONS! The Hopkins Police Department recently conducted liquor compliance checks on all liquor establishments in the city of Hopkins. 1 am pleased to inform you that your business passed. It is important to remember that as a commercial supplier of alcohol, you have a responsibility to do your part in reducing underage access to alcohol. Remind your employees to be sure to always ask for proper identification before a sale is made. If they are unsure of the person's age ask for identification. If unsure any identification is legal, call the Hopkins Police immediately. An officer will be dispatched to check it out for you. Don't take a chance - when in doubt, refuse the sale. If you have any questions or need information about liquor laws and responsibilities, please contact Connie Kurtz at 939 -1385. Keep up the good work. Sincerely, a.02 cst, Earl L. Johnson Chief of Police May 26, 1998 Dear Liquor Licenseholder: The Hopkins Police Department recently conducted liquor compliance checks on all liquor establishments in Hopkins. Unfortunately, your establishment did not pass the compliance check. I would like to take this opportunity to remind you that as a commercial supplier of alcohol, you have a responsibility to do your part in reducing underage access to alcohol. It is important for all employees to be properly informed of the legal responsibilities involved in the sale of alcohol. The Hopkins Police Department makes the following recommendations: Management should issue a clear directive to all employees that your business will not sell alcoholic beverages to anyone under 21. Consider a policy that requires your employees to request proper picture identification of anyone purchasing alcoholic beverages who appears to be age 30 or younger. Make sure your employees understand that failure to obey liquor laws and city ordinances regarding liquor sales could result in criminal penalties, not only to the employee but the business owner as well • Go over acceptable forms of identification with all employees. Be sure cover this information with all new employees and periodically have a refresher session with existing employees. Enclosed is information on Minnesota alcoholic beverage laws you should know and obey, as well as information on acceptable forms of identification. If you have any questions or if, the Hopkins Police Department can be of any assistance, please call. .11 rely, odi-wrov,) Earl L Johnson Chief of Police Minnesota's New Driver's Licenses and Identification Cards (Information for law enforcement and reteillers) i 3- 456 -789 123- 4:5 �. DRI Over 21 Standard Driver's License TA OTORIZED BICYCLE R. OR'S PERMIT 4-01-43 M ` 23-466-7 8 090 456-7 t0 IIHIESOTA DR;1V I 23 : :�:NA I STREET Y 1 . O W < unaacacrsti Over 21 Motorized Bicycle Permit Over 21 Identification Card -4 6-789-000 23. 456 - 789 -000 NNESOTA DR V R '!!I TEST Instruction Permit Under 21 Standard Driver's License Legal age in lower left corner MINN SOT A !MOTORIZED BICYCLE OPERATOR'S R'S ERMIT UNDER 21 MA 1 11.111 TT Y !TOWN l ar APR-09- Under 21 Motorized Bicycle Permit Legal age in lower left corner 'NEATA IDENTIFICATION,CARD NOT A DRIVER'S OcENS ..,< JR5 2: Under 21 Identification Card (Black B Card) Legal age in lower left corner Card Color matches license or identificat on card, except Over 21 Standard Driver's License Under 21 Standard Driver's License • Back of Standard Driver's License O A digital image of the cardholder is fused with heat into the card's plastic. O A colored border around the digital image prevents replacement and reveals tampering attempts. Q Each card has the size, shape, and flexibility of a standard credit card. O The driver's license number appears five times and the date of birth four times on the license. All must match for validation. A bar code and a magnetically encoded stripe contain identification data. O Coded information, including restrictions and endorsements, is now specific to each cardholder. __.. Holographic ov rlay • Type of Iic nse • Red masthead & image border Digital ima a on right M 1 - 4 789 OO 1;2 3. 456- g S R T , SECURITY FEATURES 13 13 here, when appropriate Printed license number Embossed license number & information Holographic overlay Black masthead & image border Digital image on left �.. ._.....- Magnetically encoded stripe (contains full name, date of birth & license number) Printed license number, nam birth date Cardholder specific information Bar code (contains license number) ❑ A holographic overlay on the front of the card includes the word "Minnesota" and a picture of a loon. This prevents photocopying and fraudulent reproduction. O "Under 21" versions feature the digital image of the cardholder on the left front and the cardholder's 21st birth date in the lo wer left. "Over 21" versions feature the digital image on the right. Senior Citizen Public Transit Reduced Fare = Limited Mobility = Medical Alert = Requires B Gard Minnesota Statutes 1997., Table of Chapters Table of contents for Chapter 340A 340A.503 Persons under 21; illegal acts. Subdivision 1. Consumption. (a) It is unlawful for any: (1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or bottle club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the municipal liquor store; or (2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. (b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed. (c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. 2. Purchasing. It is unlawful for any person: (1) to sell, barter, furnish, or give alcoholic beverages r' S5 m l' to a person under 21 years of age; `l (2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional research conducted by post - secondary educational institutions or state, county, or local health departments; or (3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota identification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of clause (1) that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household. Subd. 3. Possession. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the parent or guardian creates a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. Entering licensed premises. (a) It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. (b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule charter city may prohibit a person 18, 19, or 20 years old from entering an establishment licensed under this chapter to: (1) perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by section 340A.412, subdivision 10; (2) consume meals; and (3) attend social functions that are held in a portion of the establishment where liquor is not sold. Subd. 5. Misrepresentation of age. It is unlawful for a person under the age of 21 years to claim to be 21 years .old or older for the purpose of purchasing alcoholic beverages. Subd. 6. Proof of age; defense. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth'of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or (3) in the case of a foreign national, from a nation other than Canada, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. Subd. 7. Repealed, 1989 c 351 s 19 HIST: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c 301 s 13,14; 1990 c 602 art 5 s 2 -4; 1991 c 68 s 1; 1991 . c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24; 1Sp1997 c 2 s 57 Copyright 1997 by the Office of Revisor of Statutes, State of Minnesota. Minnesota Statutes 1997, Table of Chapters Table of contents for Chapter 340A 340A.502 Sales to obviously intoxicated persons. No person may sell, give, furnish, or in any way procure for another alcoholic beverages for the use of an obviously intoxicated person. HIST: 1985 c 305 art 7 s 2; 1987 c 152 art 1 s 1 q jro SS 01 Copyright 1997 by the Office of Revisor of Statutes, State of Minnesota.