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Res 2006- 69 Approving Liquor License Violations PolicyCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06-69 A RESOLUTION ADOPTING A POLICY FOR LIQUOR LICENSE VIOLATIONS WHEREAS, the City of Mendota Heights believes that 100% percent compliance with all liquor license regulations is desirable; and WHEREAS, the City of Mendota Heights dedicates staff time to complete compliance checks and issues licenses; and WHEREAS, the City of Mendota Heights has staff working with licensees to ensure that servers are trained; and WHEREAS, the City of Mendota Heights the wishes all staff are trained and knowledgeable about serving alcohol; and WHEREAS, the City of Mendota Heights wishes to reduce the amount of alcohol available to underage persons; and WHEREAS, the City of Mendota Heights wishes to have each licensee be knowledgeable of the penalties for violation of the liquor laws; and WHEREAS, the City of Mendota Heights desires to uniformly and fairly penalize those licensees who violate liquor laws. NOW THEREFORE BE IT HEREBY RESOVLED by the City Council of the City of Mendota Heights that the attached policy shall be adopted: Adopted by the City Council of the City of Mendota Heights this 15th day of August 2006. ATTEST: 1r .4";::.....,"--L.-1_12.,.....t....-• ii.-6,Ze-•-..er.--r",_,-..r---- K thleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA H GHTS By: 4007' J.Mayor Resolutions\2006\06-70 Liquor Violation Policy.doc POLICY FOR LIQUOR LICENSE VIOLATIONS - ATTACHMENT TO RES 2006-69 1 Adopted by City Resolution # 06-69 on August 15th, 2006 Statement of Purpose: It is the goal of the City of Mendota Heights to have liquor licensees comply with the law 100% of the time in relation to the ordinance regulating liquor. The City of Mendota Heights will maintain staff to complete annual compliance checks, periodically check establishments for compliance with hours and license conditions. The City will act as a resource to provide server training or to direct businesses to approved training on an annual basis. The City wishes to have all businesses chose to be a best practices liquor licensee. Applicable Laws: City Code 3-1-20 Sanction for license violations. Minnesota State Statue (MSS) 340A.415 License revocation or suspension, civil penalty. Minnesota State Statute 14.57 to 14.67 Administrative Procedures Act, sections relevant to license hearing. Best Practices: Best Practices licensees will have the benefit of following the "Best Practices" violation matrix. The Best Practices program is voluntary and serves a cooperative venture between licensees and the City to meet the goals of the City laid out in the City Code. Best Practices Licensees will fill out an application at Mendota Heights City Hall committing their establishment to working towards 100% compliance with the applicable ordinances and MSS. Required Activities (4): Best Practices Licensee will agree to keep records of Best Practices activities and to have them available for inspection. The Best Practices Licensee will have 75% of all alcohol selling staff trained by the Mendota Heights Police Department, Dakota County Safe Communities Coalition, the Minnesota Department of Alcohol and Gambling Enforcement or Minnesota Hospitality on an annual basis. Best Practices Licensees will have a written internal training program for new employees and a written policy requiring identification on anyone appearing to be 40 years old or younger. Optional Activities: Best Practice Licensees will do 4 (3 if they do integrated ID scanner on register) of the following; continuously certify 75% of all employees who sell alcohol are trained, internal employee reward/recognition program for employees who catch underage customers, an approved internal compliance check system, automated identification card scanner integrated into cash register, pre-arrange to meet with staff and prosecuting attorney on violations, have a policy to require ID on all alcohol purchases, have policy prearranged to work with Police to prevent secondary resale of alcohol and have minimum age of 21 for selling alcohol products. POLICY FOR LIQUOR LICENSE VIOLATIONS - ATTACHMENT TO RES 2006-69 2 Adopted by City Resolution # 06-69 on August 15th, 2006 Uniform Penalties: The purpose of this section is to establish a standard by which the City determines the length of a license suspension, revocation and or civil penalty. This policy shall apply to all on and off sale license holders. These penalties are deemed to be appropriate for all violations. The City Council may choose to deviate from the prescribed penalty if there are extenuating circumstances. Should the Council deviate from the adopted policy they must take official action and document the reasons for the deviation. The Council may only consider the penalty portion of the action. Should the licensee wish to appeal the facts of a violation they must request a due process hearing. Licensee informed: • All licensees shall be informed of the adoption of this policy at the time of adoption and again at time of license renewal. • Licensees shall have all fines paid or have requested a hearing before 30 days have elapsed from the violation. • Licensees shall be informed that this policy applies only to the LICENSE SANCTIONS it does not apply to the CRIMINAL CHARGES against the person who actually violates the law. • Licensees may join the best practices group at any time. Best Practices group participation is completely voluntary. • The policy and application shall be posted on the Cities web site and shall be given to the licensee at the time of application. • Hearing will be conducted in accordance with MSS and Minnesota Rules. Penalty appeals will be made to City Council. POLICY FOR LIQUOR LICENSE VIOLATIONS - ATTACHMENT TO RES 2006-69 3 Adopted by City Resolution # 06-69 on August 15th, 2006 PENALTIES: Revocation on a First Violation: • Commission of a felony related to the licensed activity. O Sale of alcoholic beverage while a license is under suspension. O Sale of intoxicating liquor where only a 3.2 license has been issued. Violation Grid for all other Violations: These violations include, failure during compliance checks, sale to an underage person (resulting in a conviction), after hours violations, sales to an obviously intoxicated person, refusal to allow inspection by City or Police, illegal gambling on site, failure to renew license before expiration. Violation First Violation Best Practices Licensee $500 fine Non-Best Practices Licensee $1000 fine and 3 day suspension of license Second Violation $750 fine and 3 day suspension $1500 fine and 6 day suspension Within 2 years license license Third Violation $1000 fine and 6 day suspension $2000 and a 9 day suspension Within 2 years license best practices review license panel Fourth Violation Revocation: minimum of 1 year Revocation: minimum of 1 year Within 2 years from the revocation date from the revocation date Note: 1) "Best Practices" applies only to license holders who are enrolled in the program at the time of the violations. Time frame: Violations are from the date of violation for a 2 year rolling time period. Subsequent Violations: Each violation will be treated separately unless the City Clerk and the licensee agree in writing to hear all active violations at a single hearing. Other Penalties: Nothing in this policy shall restrict the City Council from imposing the maximum penalty allowed by Mendota Heights City Ordinance 3-1-20. Hearing: Will be held pursuant to MSS governing administrative hearing. License suspension: Will impact only the licensed activity.