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CR 96-23 Adopt Legistlative Policy 4-CJanuary 31, 1996 i Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council continue the approval of Resolution #96 -9, adopting Legislative Policy #4 -C, until February 20, 1996. Adoption of this motion will begin the process of adopting a policy establishing regulations for the issuance of temporary 3.2 beer licenses. Overview In 1995, the City Council requested that City staff work with the Chemical Health Commission to establish a policy for regulating the issuance of temporary 3.2 beer licenses. Staff drafted a policy based upon suggestions of the Commission. This draft was reviewed at the October and November meetings of the Commission. The attached policy incorporates revisions suggested by the Commission. Staff is recommending that the City Council consider this policy but hold off action until the second meeting in February to ensure that all interested parties have had an opportunity to comment on the proposal. Primary Issues to Consider • Who has had input on the proposed policy'? • What are the proposed regulations? Supporting Information • Analysis of the Issues • Alternatives • Resolution #96 -9 • Legislative Policy #4 -C s A. Genellie sistant City Manager ADOPT LEGISLATIVE POLICY #4 -C TEMPORARY 3.2 BEER LICENSES Council Report 96 -23 Council Report #96 -23 Page 2 Analysis of the Issues • Who has had input on the proposed policy? City staff drafted the policy and the Chemical Health Commission made suggestions for changes. The Jaycees were present at some of the Chemical Health Commission meetings. Copies of the proposed policy have been sent to the City Attorney, Police Department, and all organizations which have received temporary 3.2 licenses in the past. • What are the proposed regulations? 1. A temporary 3.2 beer license is only in effect for six hours. - This regulation will limit the time that sales can take place. 2. Beer sales may only be conducted between the hours of 12:00 p.m. and 12:00 a.m. - This regulation will limit the hours when sales can take place. 3. Only one temporary 3.2 beer license may be issued during any one day to any one applicant. - This regulation will limit the number of events where beer is sold. Two events may occur simultaneously but they must have different sponsors. 4. A separate license is required for each day that beer is sold. - A license is good for only one day. 5. Application for a temporary 3.2 beer license must be received at least five weeks prior to the event. - This regulation will give staff and the City Council time to review the request. 6. Applicants for a temporary 3.2 beer license must be an organization whose principal location or office is within the City of Hopkins, has been located in Hopkins for at least two years, and has at least 30 active members. - This language is borrowed from the City's Lawful Gambling policy and is intended to restrict which organizations can have licenses. 7. Sales and /or consumption of beer will only take place in enclosed building or a fenced area. - Beer sales are often done in conjunction with a dance or other event. This regulation will help to prevent individuals under the age of 21 from buying or consuming beer. 8. Individuals under the age of 21 will not be allowed in any designated area where beer is sold or consumed, except if accompanied by a parent or guardian. 9. No temporary 3.2 beer license shall be issued in conjunction with a youth activity. - A youth activity is defined as an activity that is designed primarily for individuals under the age of 18 or the majority of the participants are under the age of 18. The Chemical Health Commission wants to avoid associating drinking with youth activities. 10. The number of temporary 3.2 beer licenses issued in conjunction with a public event during any calendar year will be limited to twelve (12). - Each event requires resources on the part of the City. The number of events should be limited. Council Report #96 -23 Page 3 • 11. The City Council reserves the right to deny any 3.2 beer license at its sole discretion. - The Council can deny licenses for various reasons, for example anticipated problems with an event or lack of resources on the part of the City. Alternatives: 1. Continue this item. This would allow for additional input from parties who might be affected by this policy. 2. Adopt Policy #4 -C as written. This would establish regulations and guidelines for the issuance of temporary 3.2 beer licenses. 3. Do not adopt Policy #4 -C. Staff recommends Alternative #1. WHEREAS, the City Council of the City of Hopkins has approved a document entitled the Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken are consistent and fair; and WHEREAS, additions and revisions to this manual may be implemented by resolution of the City Council; and WHEREAS, the Hopkins City Council has determined that a Legislative Policy needs to be created which will state the requirements for the issuance of temporary 3.2 beer licenses; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts the attached Legislative Policy #4 -C. • Adopted by the City Council of the City of Hopkins this 20th day of February, 1996. ATTEST: James A. Genellie, City Clerk CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 96 -9 By Charles D. Redepenning, Mayor Policy 4 -C Temporary 3.2 Beer Licenses 1. PURPOSE 1.01 The Hopkins City Council recognizes that the issuance of temporary 3.2 beer licenses may result in events which disturb surrounding businesses and residents and also may provide an opportunity for underage drinking. The City Council believes that by creating a set of rules and regulations in regard to the issuance of these licenses, problems can be avoided and the responsible consumption of 3.2 beer can be encouraged. 2. REGULATIONS 2.01 A temporary 3.2 beer license is only in effect for six hours. 2.02 Beer sales may only be conducted between the hours of 12:00 p.m. and 12:00 a.m. 2.03 Only one temporary 3.2 beer license may be issued during any one day to any one applicant. 2.04 A separate license is required for each day that beer is sold. 2.05 Application for a temporary 3.2 beer license must be received at least five weeks prior to the event. 2.06 Applicants for a temporary 3.2 beer license must be an organization whose principal location or office is within the City of Hopkins, has been located in Hopkins for at least two years, and has at least 30 active members. 2.07 Sales and/or consumption of beer will only take place in enclosed building or a fenced area. 2.08 Individuals under the age of 21 will not be allowed in any designated area where beer is sold or consumed, except if accompanied by a parent or guardian. 2.09 No temporary 3.2 beer license shall be issued in conjunction with a youth activity.' 2.10 The number of' temporary 3.2 beer licenses issued in conjunction with a public event' during any calendar year will be limited to twelve (12). 2.11 The City Council reserves the right to deny any 3.2 beer license at its sole discretion. A "youth activity" is an activity that is designed primarily . for individuals under the age of 18 or the majority of the participants are under the age of 18. 2 A "Public event" means an event where the public is invited or permitted to attend. Legislative Policy Manual -- Chapter 4 -C Page 1