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97-1445�� Council Fi1e # _l \ ��5 Ordinance # Green Sheet # � �5 Presented By Referred To 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3$ ORDINANCE CITY OF SAINT PAUL, MINNESOTA �� '��- Committee: Date 1� � An ordinance amending Chapter 409 of the Saint Paul Legislative Code to allow aduiiiustrative payment of fines for certaiu first offenses THE COUNCIL OF THE CITY OF SAINT PAi7L DOES ORDAIN: Section 1 Chapter 409 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 409.26. Intogicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off=sale licensed premises for both intoxicating liquor under this chapter and noninto�cating Tiquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and deternunes that there exist substanfial and compelling reasons making it more appropriate to do so. When deviating from these standards the council sha11 provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Coxnmission of a felony related to the licensed activity. (2) Sale of alcoholic beverages while license is under suspension. (3) Sale of alcoholic beverages to Appearance l st 2nd 3 �a Revocation NA NA Revocation NA NA 4�' NA NA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 under-age person. (4) Sale of alcoholic beverage to into�cated person. (5) After hours sale of alcoholic beverages. (6) After hours display or consump- tion of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make applicarion for license renewal prior to license expiration date. (11) Sale of intoxicating liquor where only license is for nonintoxicating liquor. (12) Failure to comply with statutory, and ordinance requirements for liability insurance. } �° .� 6 � �"��"u"_e 6 � � 6 � ' e 4 ,a 18 18 18 Revocarion Q'� _�y �S Revocation Revocation 12 Revocation 15 Revocation NA 6 18 Revocation } 4 � 6 � 6 12 Revocation 18 Revocation 18 10 Revocation NA Revocarion NA For those viola6ons which occur in on-sale intoxicating liquor establishments fisted above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), ., . `., . >� following schedule a�pregriz�e: Seating capacity 0--99 . . . . $ 500.00 Seating capacity 100--149 . . . . 1,000.00 Seating capacity I50--199 . . . . 1,500.00 5eating capacity over 200 .... 2,000.00 For those violations which occur in off-sale into�cating liquor establishments listed above in 9'1 -1y� � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 �- ' � � (.�• a e a a- .em- ee a� t= �e a - s .ass ,:- - - -- - - -- --::- - - - - - ---- - - - "�s� �i " •" i . 4' f. 1" t St ii . �b i 5• 8 4" \• • 2,000 square feet or less ....$ 500.00 2,001--5,000 square feet . . . . 1,000.00 5,001--10,000 square feet . . . . 1,500.00 10,001 square feet or more .... 2,000.00 based on the square footage of the retail (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged andfor incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the " 1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for deparkure from such penalties in the council's discretion. Violations occurring after the date of the norice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the " 1 st Appeazance." In all other cases, violations occurring after the date of the formal notice of hearing sha11 be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance befare the council. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particulaz licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appeazance without regard to the particular violation or violations that were the subject of the fust or priar appeazance. (e) Computation of time: (1) If a licensee appeazs before the council for any violation in pazagraph (b) where that violation has occuned within eighteen (18) calendar months after the first appearance of the same licensee for a violarion listed in pazagraph (b) above, the current appearance shall be treated azea of the establishment: as a second appearance for the purpose of determining the presuxnptive penalty. 2 °t'1-144 3 (2) If a licensee has appeazed before the council on two (2) previous occasions, both for 4 violations listed in paragraph (b) above, and if said licensee again appeazs before the council for 5 a violation listed in said pazaa aph (b), and if the current violation occurred within thirry (30) 6 calendaz months of the violation that gave rise to the first appeazance befare the council, then the 7 current appeazance shall be treated as a third appearance for the purpose 8 of deter.n;n;ng presumptive penalty. 9 10 (3) If a licensee has appeared befare the council on three (3) previous occasions, each for 11 violaYions listed in patagraph (b) above, and if said licensee again appeazs before the council for 12 a violation listed in paragraph (b) above, and if the current violation occuned withiu foriy-eight 13 (48) calendaz months of the violation that gave rise to the first appearance, then the current 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 appearance shall be treated as a fourth appearauce for the purpose of determining the pzesumptive penalty. (4) Any appeazance not covered by subsections (1), (2) or (3) above shall be treated as a first appeazance. In case of multiple violations in any appeazance, the date to be used to measure whether eighteen (18), tl�irty (30) ar forty-eight (48) months has elapsed shall be the date of the violation last in time at the fust appearance, and the date of the violation first in time at any subsequent appeazance. ( fl Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or unpose a civil fine not to exceed rivo thousand dollars ($2,000.00), to unpose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afForded an oppornuuty for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In deterxnining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions ar submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business practices in regazd to sales to intoaticated persons and sales to mmors. (i ) For the purposes of service to intoxicated persons, evidence of responsible business pracrices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a Encourage person not to become intoxicated if they consume alcoholic beverages on the defendanYs premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportarion alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuuiiug alcoholic beverages while acting in their capacity as employees or agents; e. Establish promotions and mazketing efforts that publicize responsible business practices to the defendanP s customers and community; f. Implement comprehensive tranung procedures; g. Maintain an adequate, trained nutnber of employees and agents for the type and size of defendanYs business; Gt'1 -14`-t.5 1 h. Establish a standardized method for hiring qualified employees; 2 i. Reprimand employees who violate employer policies and procedures; and 3 j. Show that the licensee has enrolled in recognized courses providing traiuing to 4 self and one (1) or more employees of the licensed establishment in regazd to 5 staudards for responsible liquor service. 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 �t�ar�euero a �� ; �..� _ � Adoption Certified by Council Secretary Hy: � � Approved by Mayor: at � v ` 1 Byc (2) Foz the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those listed in subsection (1) and the following: a. Management policies that aze implemented at the time of service and that ensure the examivaflon of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. comprehensive training of employees who aze responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service." Section 2 This ordinance shall take effect and be in force thiriy (30) days following its passage, approval and publication. Requested by Department of: L/�.I/'� /i�!� - Form Approved by City Council Adopted by Council: Date Q°c. �6 9.q,� q1 •1445 nn/!n � UEPAMMEMADFFlCE/COUNCIL OATE INITIATED � U � '�" � c��ycoua��t llr�a�9� GREEN SHEE CONTACT PERSON 8 PHONE INITIAWATE INITIAUDATE Ge Strathman 6-8575 � DEPARTMENT DIFE � CRY COUNpL � ASSIGN O CITY ATTORNEY � CITY CIERK MUST BE ON LOUNCIL AGENDA BY (DAT� NUNBEP POfl O BUDGEf DIRECTOR � FIN. & MGT. SERVICES DIR. ROUTING OROEN O MpVOP. (OR ASSI5TANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTIQN REQUES7E0; Ordinance amending Chapter 409 of the Saint Paul I.egislative Code to allow administrative payment of fines for certain first offenses. RECOMMENDA71oNS: Approve (A� or Ra7ect (R1 pEHSONAL SERVICE CONTFiACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PIANNING CAMMISSION _ CIVIL SEFVICE CAMMISSION �� Has this persoMirm ever worked under a contract for this tlepartment? _ C�B COMMI77EE _ YES NO 2. Has this persoNfirm ever been a city employee? _ STqFF — YES NO _ o�SipiCT cOUai _ 3. Does this erson/firm ossess a skill not normall p p y possessed by ariy current city employee? SUPPOATSWHICHCOUNCILO&IECTIVE? YES NO Explain all yes answers on separete sheet antl attach to green sheet INITIATING PqOBLEM, ISSVE, OPPpRTUNITY (Who, What, Whan, Where, Why): Current Ciry Legislafive Code sflpulates that for first-time violations for on-sale and off-sale licensed premises the adverse acfion taken against the licensee shall be a suspension of ihe license. The penalry of license suspension is presumed to be appropriate for every case, yet it allows for the Council to impose a lengthier suspension or a monetary fine in lieu of the suspensioa The imposiflon of a fine in lieu of a suspension for first-time violations currently requires CouncIl action together with written reason for deviating from the recommended suspension penalty. ADVANTAGES IFAPPROVED: A licensee who is enflUed to tnake an appeazance before the Council for a first-time violafion may elect instead to pay a fine to LIEP, in accordance with the schedule, without an appeazance before the Council, unless circumstances in an individual case requires deviation from the presumptive £ine established in the schedule. DISADVANTAGES IF APPROVED: None � �� NOV 2 � 1997 DISADVANTAGES IF NOTAPPROVED: The Ciry Council will need to continue with the policy of license suspensions as the presumpuve penalty for all fust-tnne violations. In addiflon, the CouncIl must continue to provide written explanation as to why a fine was unposed in lieu of suspension on the fust violafion. TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETED (CIFCLE ONE) YES NO FUNDIfiG SOUflCE ACTIVITY NUMBER FINANCIALINFOWiATION (EXPLAIN) 9�i - 1`1'�5 i What are Compliance Checks? • Enforcement of existing (aws. Compliance checks identify alcohol establishments that sell alcohol to underage youth. If a person under age 21 successfully buys aicohol, an enforcement agent issues a citaflon to the license holder. Compliance checks are the most effective means for enforcing the age-of-sale laws. I I Why are Compliance Checks Important? • Youth can buy alcohol with no age identification. Teens as young as 14 and 15 report in alcohol from alcohol establishments. Fourteen percent of 18-20-year olds in mid-sized rural communides reported buying alcohol fot their last drinldng occasion. Severai studies show that individuals who look younger than age 21 can buy alcohol without showing age identificarion in 50% or more of their attempted purchases. • Communities maintain control. Some communities may want to conduct more than two checks every two years. Communities should retain the abiliry to conduct as many checks as they see fit to stop sales to minors. • Relatively inexpensive method ta enforce the {aw. Compliance checks are not necessarily cosdy. One esrimate is that compliance checks that are used to enforce administrative laws cost approximately $10 per establishment. To limit the time required by police, community groups can help by planning the checks and recruiting youth. Compiiance checks are only a burden for those businesses that are breaking the law. AAT, 1997 q'1-\y`�.S Shutting Off the Tap to Teens: Reducing Youth Access to Alcohol Yommg people who drink alcohol are dying, getting pregnant, contracting sexually transmitted diseases, being attacked, and failing schooL Telling kids to "just say no" does not work. We try to educate kids in school about the dangers of alcohol use and expect that they will not use alcohoL But kids who participate in these education programs aze equally likely to drink and experience problems as those young people who do not receive this education. Why? Youth live in a society that encourages them to dr'v�k alcohoL • Teens can easily get alcohol from adults. • Teens aze allowed to drink in places and situations throughout their community. • Advertisements entice teens to drink by promising coolness, sexual conquests, and relaxation. • Many adults think alcohol use is a right of passage. We educate kids in school and then send them back into the same environment that has always encouraged them to drink alcohoL One step towazds creating communities that do not encourage young people to drink is to: Reduce the Flow of Alcohol to Youth... Teens say they can easily get alcohol from Commercial Establishments Bars Restaurants Liquor stores Grocery stores Convenience stores Delivered alcohol Social Providers Friends over age 21 Friends under age 21 Parents Siblings Co-workers Strangers outside stores Where teens get alcohol vazies by community and age group. The most popular sources of akohol for all age groups are social providers over age 21. The older youth aze, the more likely they aze to buy alcohol themselves from commercial establishments. Among 18-20-yeaz-olds, 20% reported buying alcohol themselves the ]ast time they drank alcohol. Young people can easily purchase alcohol throughout Minnesota without showing any age identif'ication. Many underage people obtain alcohol at drinking parties where one or two youth obtain luge quantities of alcohol, often in kegs. In the past year, 54% of high school seniors and 36% of young adults drank alcohol from beer kegs. Underage Providers Once youth obtain alcohol, they often then provide alcohol to other young people. • Neazly one out of two surveyed high school students in Minnesota and Wisconsin reported getting alcohol from someone under age 21 in the last 30 days. • More than one out of four 18-20-yeaz-olds reported buying for or giving alcohol to another 18-20-yeaz old. Another 15% had given alcohol to someone under age 18. The risk of one adult selling or giving alcohol to one underage person is gready increased as that youth gives some of that alcohol to friends or acquaintances. One keg illegally sold to an underage person provides a large amount of alcohol to many teens. How do we reduce the t]ow of alcohol to young people? (1) Make adults accountable for their behavior. (2) Change and enforce community po6cies. Why do adults sell and give alcohol to underage people? • Few communities ask where young people are getting the alcohoL • Few communities enforce the ]aw and hold adults responsible for illegally selling or giving alcohol to underage people. • Many adults do not realize that in Minnesota, it is a gross misdemeanor (punishable by jail or fine) to sell or give alcohol to someone under age 21 who is not your own child. What aze some examples of community policies that can reduce commercial and social access? Commercial Alcohol sales compliance checks Administrative penalties Restricting home deliveries Server/manager training Social Keg registration Social host liability Community event restrictions �`1 -1'�t-45 Youth & Alcohol Facts Alcohol is 1he drug most frequenHy used by 12- to 77-year-olds-and ihe one thal causes 1he mosF negative heaHh consequences (Center for Substance Abuse Pre•renfion,1993). Risky Se�val Behaviar A 1990 survey of Massachusetts 16- to 19- year-olds found that 49 percent were more likely to have sex if they and iheir partner had been drinking. In addition,l7 perceni used condoms less often after drinking �Strunin, 19921. Three-fiflhs of collegewomen diagnosed with a sexually transmitted disease were intoxicated at the time of infection IUniversiiy of California, Berkley,1990). Alcohol Poisoning There are 200 So 400 alcohol-poisoning deaths annualiy in ihe United States. Neariy all victims are children and adolescents Uohnson,19421. Suicide Based on rising youth suicide rates, three researchers conduded a study on 10- to 19- year-old suicide victims in Allegheny County (PA�. They found "a striking association ...beiween ihe ingestion of aicohol and the use offirearms as a method ofsuicide.' They conclude that `the epidemic increase in the suicide rate among youth may be nssociated with an increase in the prevafence of alcohoi abuse (Brent,198�. Rape and Sexual Assault In a survey of students at a southwestern university, 55 percent of sexual assault perpetrators and 53 percent of sexual assault vidims admitted to being under ihe influence of alcohoi at the time of the assault UVluehlenhard,1987►. The U.C. Berkefey Police Department said that every reported acquaintance rape on campus in a two-year period involved the use of alcohol by one or both people (Universrty of Cafifomia, Berkley,19901. � Alcohol Availability Almost7 millian young people who drinkSabout two-thirds} buy their own aftoholic beverages. Students as young as ages 12 or 13 report buying alcoholic beverages in a store (Office of the Inspedor Genera1,1991). Water-Related Injuries and Drowning Two studies that have attempted to link youth alcohol use and drowning found that from 40 to 50 percent of young males who drown �sed alcohol prior to drowning (Orlowski, 198�, NVintemute,1987l. n .�t ., , . ; , ; II I II II i � � , �� , r , , E '^� • ��;: l `I i , � � i�� i, � , �� i, , � r p � �i � . �:, . ��p,� , , � , r� . �i ��. 6' r . � H � � � r. � . , � if' i � Ca�i> u� Related �Problem's �e�1�G �ccrdent�� , ;,; � ' ' P ° � � � � � z �, � � , i � , � ��:; � ��''� � � � ' � ��.i �i � � „, �� /'�s myny stuclenfs will e,ventu��y,die of� �� Atcahair �sk�th r��{ar cause� of atl fa'fa� anc! �� r�' aleohoi-reCatecJmusesas�uu�IFe+�entall�9e# ry`oi�fq�aV c�ashe� i�hvolw�i��fiee' "q-a' '�'�cfrnrer,s t i r .. � I � r -� rv � � M Y p, O�Z n 44 �yn lhei rnasfiersdnit�octorsde�reesioSAP GUl'arb,d�';anc1 ��Mltotfal�lCJeek�i�Repor,�,19401. ; ' � 15 r ft ' ,b r U ��.t i �f �6 7491� "� � , �� , � �' �� /�out�,8U0,s�d,e'rits�ages,l6,fo19,�dted�m �� I�anationalsu�jreqcoilegeadrri�n►strQtors � a��aF,to�,r��ated�t',��affFC,acc[d`enfs�in,l'989��' �� eshm �'� dent afcohol t�s� leads �' ` , a�ed it�at st� , ' ' ' �uttdeji' 1�97� ° � ' " , � ` � � , � , � , �� O �G9k.p@rCeI�11 O� CtQI1lC1�2�10 f2S1C��110E ^ ir �'+ '� � � J i i � �� ' � °� � i� �i � �, � 1, � � � hoiM�;�. 3h perceri� of acas�em�c pro�i�erns, � � �'° "'r' i ( j � � � � ] , . , i �� ] � ,] � `� , � � �i �� QII�� `lJ� F12CCe(1t Of (�FO ��OFJtS fCQ�f12C�le ' , " f, � 17��i�IQ�� '1tGl��eil'C�� 4L� n I �� 1 r !' � � � i, �'I �� i � �r �� V Ebund�atton f,or ihe Aa'vanreinerrt �o� � �; , �, ,�, „, , � � � � w ,, , � , � �r�� '' Teach�h 1990y ' �A�co��n bfa a o"ll �onducted�6�r'�"tCie�NahpmaV� � � 9 �9 P , �� , i� ' � - m � I r H�(� k rv , A�soaaua�4� o�'Stu�gnt'�Cp�u��fs �(cohpl �as ifie � - �@��„e(QF 0C0��@$111C��t$��$II70(@ � � P i i i��i Yr,� i ii I i '� II ii pl iN 9 1+ r� i �irii�� 4� .' i , � � � �� t[t�SC�7O0r��pGO�FiltO�q�e �iS�r,BOy'�i ' moneyfor aico�i;o� tk�r� GooC�s tO�P) � " � , �� ' �, `,� � � ` � ' � , � " ," � �� , , �,. �, � aYca,hol.��,i�er��'sc�oof'� w�mst�sgn,bu� prq�aFem '' ' , � , �I � ��> r, i r �ri n �i7" o� �� Co�t siuc�e � cohs,�me a� esfi�ate.d � � L��fi9��l�, � 'r , � �, � ,� � � a ,, � � � � �, , , � � �� , n t�� i "q, I �� P i _� I �V � ��I i vi� f� I i I ' i,� � i ' � �Q��I�(1��O�1SQf�,��QIi7F7� � ,�I; r �r � � � i i ,- 11 I - � 1 r . .� �i � i r I �`:n i� I n i i: i ii i J �� . i � ai r I i i 9 i � i � r I�� l p I 1 h,� i � i i �� r , pe�yeor m�s�seE,otl�rvatc�lot'�fiN��oo � � �; i � i i ! i i i �� i I I � � p i Ofy�pic siaed s�n�rrmui� pqots!3tOSdP. � , ' �'` � � �� ° � ��„ , � � � ; , y , �� i.�i. d i�, r it- � � �� i 19421.' r � �-,, �� , � r � `1 ��g : ' r � � � l. 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I lii li I�� f'641 �4�I i i �r�h;q �II �� r�.a.l �"'�,�,� .�i ,.,Lrt'� � , t��a�iR, 1 ie t rvdk�+.nr �'`e'.�,pM�h�,�`e�ik7.l�°y�,�-A„it!.d.�Va� r��!� �b)d��+u� .r �dn�O�4�J,�a �F. .� �� Council Fi1e # _l \ ��5 Ordinance # Green Sheet # � �5 Presented By Referred To 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3$ ORDINANCE CITY OF SAINT PAUL, MINNESOTA �� '��- Committee: Date 1� � An ordinance amending Chapter 409 of the Saint Paul Legislative Code to allow aduiiiustrative payment of fines for certaiu first offenses THE COUNCIL OF THE CITY OF SAINT PAi7L DOES ORDAIN: Section 1 Chapter 409 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 409.26. Intogicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off=sale licensed premises for both intoxicating liquor under this chapter and noninto�cating Tiquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and deternunes that there exist substanfial and compelling reasons making it more appropriate to do so. When deviating from these standards the council sha11 provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Coxnmission of a felony related to the licensed activity. (2) Sale of alcoholic beverages while license is under suspension. (3) Sale of alcoholic beverages to Appearance l st 2nd 3 �a Revocation NA NA Revocation NA NA 4�' NA NA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 under-age person. (4) Sale of alcoholic beverage to into�cated person. (5) After hours sale of alcoholic beverages. (6) After hours display or consump- tion of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make applicarion for license renewal prior to license expiration date. (11) Sale of intoxicating liquor where only license is for nonintoxicating liquor. (12) Failure to comply with statutory, and ordinance requirements for liability insurance. } �° .� 6 � �"��"u"_e 6 � � 6 � ' e 4 ,a 18 18 18 Revocarion Q'� _�y �S Revocation Revocation 12 Revocation 15 Revocation NA 6 18 Revocation } 4 � 6 � 6 12 Revocation 18 Revocation 18 10 Revocation NA Revocarion NA For those viola6ons which occur in on-sale intoxicating liquor establishments fisted above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), ., . `., . >� following schedule a�pregriz�e: Seating capacity 0--99 . . . . $ 500.00 Seating capacity 100--149 . . . . 1,000.00 Seating capacity I50--199 . . . . 1,500.00 5eating capacity over 200 .... 2,000.00 For those violations which occur in off-sale into�cating liquor establishments listed above in 9'1 -1y� � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 �- ' � � (.�• a e a a- .em- ee a� t= �e a - s .ass ,:- - - -- - - -- --::- - - - - - ---- - - - "�s� �i " •" i . 4' f. 1" t St ii . �b i 5• 8 4" \• • 2,000 square feet or less ....$ 500.00 2,001--5,000 square feet . . . . 1,000.00 5,001--10,000 square feet . . . . 1,500.00 10,001 square feet or more .... 2,000.00 based on the square footage of the retail (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged andfor incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the " 1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for deparkure from such penalties in the council's discretion. Violations occurring after the date of the norice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the " 1 st Appeazance." In all other cases, violations occurring after the date of the formal notice of hearing sha11 be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance befare the council. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particulaz licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appeazance without regard to the particular violation or violations that were the subject of the fust or priar appeazance. (e) Computation of time: (1) If a licensee appeazs before the council for any violation in pazagraph (b) where that violation has occuned within eighteen (18) calendar months after the first appearance of the same licensee for a violarion listed in pazagraph (b) above, the current appearance shall be treated azea of the establishment: as a second appearance for the purpose of determining the presuxnptive penalty. 2 °t'1-144 3 (2) If a licensee has appeazed before the council on two (2) previous occasions, both for 4 violations listed in paragraph (b) above, and if said licensee again appeazs before the council for 5 a violation listed in said pazaa aph (b), and if the current violation occurred within thirry (30) 6 calendaz months of the violation that gave rise to the first appeazance befare the council, then the 7 current appeazance shall be treated as a third appearance for the purpose 8 of deter.n;n;ng presumptive penalty. 9 10 (3) If a licensee has appeared befare the council on three (3) previous occasions, each for 11 violaYions listed in patagraph (b) above, and if said licensee again appeazs before the council for 12 a violation listed in paragraph (b) above, and if the current violation occuned withiu foriy-eight 13 (48) calendaz months of the violation that gave rise to the first appearance, then the current 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 appearance shall be treated as a fourth appearauce for the purpose of determining the pzesumptive penalty. (4) Any appeazance not covered by subsections (1), (2) or (3) above shall be treated as a first appeazance. In case of multiple violations in any appeazance, the date to be used to measure whether eighteen (18), tl�irty (30) ar forty-eight (48) months has elapsed shall be the date of the violation last in time at the fust appearance, and the date of the violation first in time at any subsequent appeazance. ( fl Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or unpose a civil fine not to exceed rivo thousand dollars ($2,000.00), to unpose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afForded an oppornuuty for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In deterxnining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions ar submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business practices in regazd to sales to intoaticated persons and sales to mmors. (i ) For the purposes of service to intoxicated persons, evidence of responsible business pracrices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a Encourage person not to become intoxicated if they consume alcoholic beverages on the defendanYs premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportarion alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuuiiug alcoholic beverages while acting in their capacity as employees or agents; e. Establish promotions and mazketing efforts that publicize responsible business practices to the defendanP s customers and community; f. Implement comprehensive tranung procedures; g. Maintain an adequate, trained nutnber of employees and agents for the type and size of defendanYs business; Gt'1 -14`-t.5 1 h. Establish a standardized method for hiring qualified employees; 2 i. Reprimand employees who violate employer policies and procedures; and 3 j. Show that the licensee has enrolled in recognized courses providing traiuing to 4 self and one (1) or more employees of the licensed establishment in regazd to 5 staudards for responsible liquor service. 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 �t�ar�euero a �� ; �..� _ � Adoption Certified by Council Secretary Hy: � � Approved by Mayor: at � v ` 1 Byc (2) Foz the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those listed in subsection (1) and the following: a. Management policies that aze implemented at the time of service and that ensure the examivaflon of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. comprehensive training of employees who aze responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service." Section 2 This ordinance shall take effect and be in force thiriy (30) days following its passage, approval and publication. Requested by Department of: L/�.I/'� /i�!� - Form Approved by City Council Adopted by Council: Date Q°c. �6 9.q,� q1 •1445 nn/!n � UEPAMMEMADFFlCE/COUNCIL OATE INITIATED � U � '�" � c��ycoua��t llr�a�9� GREEN SHEE CONTACT PERSON 8 PHONE INITIAWATE INITIAUDATE Ge Strathman 6-8575 � DEPARTMENT DIFE � CRY COUNpL � ASSIGN O CITY ATTORNEY � CITY CIERK MUST BE ON LOUNCIL AGENDA BY (DAT� NUNBEP POfl O BUDGEf DIRECTOR � FIN. & MGT. SERVICES DIR. ROUTING OROEN O MpVOP. (OR ASSI5TANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTIQN REQUES7E0; Ordinance amending Chapter 409 of the Saint Paul I.egislative Code to allow administrative payment of fines for certain first offenses. RECOMMENDA71oNS: Approve (A� or Ra7ect (R1 pEHSONAL SERVICE CONTFiACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PIANNING CAMMISSION _ CIVIL SEFVICE CAMMISSION �� Has this persoMirm ever worked under a contract for this tlepartment? _ C�B COMMI77EE _ YES NO 2. Has this persoNfirm ever been a city employee? _ STqFF — YES NO _ o�SipiCT cOUai _ 3. Does this erson/firm ossess a skill not normall p p y possessed by ariy current city employee? SUPPOATSWHICHCOUNCILO&IECTIVE? YES NO Explain all yes answers on separete sheet antl attach to green sheet INITIATING PqOBLEM, ISSVE, OPPpRTUNITY (Who, What, Whan, Where, Why): Current Ciry Legislafive Code sflpulates that for first-time violations for on-sale and off-sale licensed premises the adverse acfion taken against the licensee shall be a suspension of ihe license. The penalry of license suspension is presumed to be appropriate for every case, yet it allows for the Council to impose a lengthier suspension or a monetary fine in lieu of the suspensioa The imposiflon of a fine in lieu of a suspension for first-time violations currently requires CouncIl action together with written reason for deviating from the recommended suspension penalty. ADVANTAGES IFAPPROVED: A licensee who is enflUed to tnake an appeazance before the Council for a first-time violafion may elect instead to pay a fine to LIEP, in accordance with the schedule, without an appeazance before the Council, unless circumstances in an individual case requires deviation from the presumptive £ine established in the schedule. DISADVANTAGES IF APPROVED: None � �� NOV 2 � 1997 DISADVANTAGES IF NOTAPPROVED: The Ciry Council will need to continue with the policy of license suspensions as the presumpuve penalty for all fust-tnne violations. In addiflon, the CouncIl must continue to provide written explanation as to why a fine was unposed in lieu of suspension on the fust violafion. TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETED (CIFCLE ONE) YES NO FUNDIfiG SOUflCE ACTIVITY NUMBER FINANCIALINFOWiATION (EXPLAIN) 9�i - 1`1'�5 i What are Compliance Checks? • Enforcement of existing (aws. Compliance checks identify alcohol establishments that sell alcohol to underage youth. If a person under age 21 successfully buys aicohol, an enforcement agent issues a citaflon to the license holder. Compliance checks are the most effective means for enforcing the age-of-sale laws. I I Why are Compliance Checks Important? • Youth can buy alcohol with no age identification. Teens as young as 14 and 15 report in alcohol from alcohol establishments. Fourteen percent of 18-20-year olds in mid-sized rural communides reported buying alcohol fot their last drinldng occasion. Severai studies show that individuals who look younger than age 21 can buy alcohol without showing age identificarion in 50% or more of their attempted purchases. • Communities maintain control. Some communities may want to conduct more than two checks every two years. Communities should retain the abiliry to conduct as many checks as they see fit to stop sales to minors. • Relatively inexpensive method ta enforce the {aw. Compliance checks are not necessarily cosdy. One esrimate is that compliance checks that are used to enforce administrative laws cost approximately $10 per establishment. To limit the time required by police, community groups can help by planning the checks and recruiting youth. Compiiance checks are only a burden for those businesses that are breaking the law. AAT, 1997 q'1-\y`�.S Shutting Off the Tap to Teens: Reducing Youth Access to Alcohol Yommg people who drink alcohol are dying, getting pregnant, contracting sexually transmitted diseases, being attacked, and failing schooL Telling kids to "just say no" does not work. We try to educate kids in school about the dangers of alcohol use and expect that they will not use alcohoL But kids who participate in these education programs aze equally likely to drink and experience problems as those young people who do not receive this education. Why? Youth live in a society that encourages them to dr'v�k alcohoL • Teens can easily get alcohol from adults. • Teens aze allowed to drink in places and situations throughout their community. • Advertisements entice teens to drink by promising coolness, sexual conquests, and relaxation. • Many adults think alcohol use is a right of passage. We educate kids in school and then send them back into the same environment that has always encouraged them to drink alcohoL One step towazds creating communities that do not encourage young people to drink is to: Reduce the Flow of Alcohol to Youth... Teens say they can easily get alcohol from Commercial Establishments Bars Restaurants Liquor stores Grocery stores Convenience stores Delivered alcohol Social Providers Friends over age 21 Friends under age 21 Parents Siblings Co-workers Strangers outside stores Where teens get alcohol vazies by community and age group. The most popular sources of akohol for all age groups are social providers over age 21. The older youth aze, the more likely they aze to buy alcohol themselves from commercial establishments. Among 18-20-yeaz-olds, 20% reported buying alcohol themselves the ]ast time they drank alcohol. Young people can easily purchase alcohol throughout Minnesota without showing any age identif'ication. Many underage people obtain alcohol at drinking parties where one or two youth obtain luge quantities of alcohol, often in kegs. In the past year, 54% of high school seniors and 36% of young adults drank alcohol from beer kegs. Underage Providers Once youth obtain alcohol, they often then provide alcohol to other young people. • Neazly one out of two surveyed high school students in Minnesota and Wisconsin reported getting alcohol from someone under age 21 in the last 30 days. • More than one out of four 18-20-yeaz-olds reported buying for or giving alcohol to another 18-20-yeaz old. Another 15% had given alcohol to someone under age 18. The risk of one adult selling or giving alcohol to one underage person is gready increased as that youth gives some of that alcohol to friends or acquaintances. One keg illegally sold to an underage person provides a large amount of alcohol to many teens. How do we reduce the t]ow of alcohol to young people? (1) Make adults accountable for their behavior. (2) Change and enforce community po6cies. Why do adults sell and give alcohol to underage people? • Few communities ask where young people are getting the alcohoL • Few communities enforce the ]aw and hold adults responsible for illegally selling or giving alcohol to underage people. • Many adults do not realize that in Minnesota, it is a gross misdemeanor (punishable by jail or fine) to sell or give alcohol to someone under age 21 who is not your own child. What aze some examples of community policies that can reduce commercial and social access? Commercial Alcohol sales compliance checks Administrative penalties Restricting home deliveries Server/manager training Social Keg registration Social host liability Community event restrictions �`1 -1'�t-45 Youth & Alcohol Facts Alcohol is 1he drug most frequenHy used by 12- to 77-year-olds-and ihe one thal causes 1he mosF negative heaHh consequences (Center for Substance Abuse Pre•renfion,1993). Risky Se�val Behaviar A 1990 survey of Massachusetts 16- to 19- year-olds found that 49 percent were more likely to have sex if they and iheir partner had been drinking. In addition,l7 perceni used condoms less often after drinking �Strunin, 19921. Three-fiflhs of collegewomen diagnosed with a sexually transmitted disease were intoxicated at the time of infection IUniversiiy of California, Berkley,1990). Alcohol Poisoning There are 200 So 400 alcohol-poisoning deaths annualiy in ihe United States. Neariy all victims are children and adolescents Uohnson,19421. Suicide Based on rising youth suicide rates, three researchers conduded a study on 10- to 19- year-old suicide victims in Allegheny County (PA�. They found "a striking association ...beiween ihe ingestion of aicohol and the use offirearms as a method ofsuicide.' They conclude that `the epidemic increase in the suicide rate among youth may be nssociated with an increase in the prevafence of alcohoi abuse (Brent,198�. Rape and Sexual Assault In a survey of students at a southwestern university, 55 percent of sexual assault perpetrators and 53 percent of sexual assault vidims admitted to being under ihe influence of alcohoi at the time of the assault UVluehlenhard,1987►. The U.C. Berkefey Police Department said that every reported acquaintance rape on campus in a two-year period involved the use of alcohol by one or both people (Universrty of Cafifomia, Berkley,19901. � Alcohol Availability Almost7 millian young people who drinkSabout two-thirds} buy their own aftoholic beverages. Students as young as ages 12 or 13 report buying alcoholic beverages in a store (Office of the Inspedor Genera1,1991). Water-Related Injuries and Drowning Two studies that have attempted to link youth alcohol use and drowning found that from 40 to 50 percent of young males who drown �sed alcohol prior to drowning (Orlowski, 198�, NVintemute,1987l. n .�t ., , . ; , ; II I II II i � � , �� , r , , E '^� • ��;: l `I i , � � i�� i, � , �� i, , � r p � �i � . �:, . ��p,� , , � , r� . �i ��. 6' r . � H � � � r. � . , � if' i � Ca�i> u� Related �Problem's �e�1�G �ccrdent�� , ;,; � ' ' P ° � � � � � z �, � � , i � , � ��:; � ��''� � � � ' � ��.i �i � � „, �� /'�s myny stuclenfs will e,ventu��y,die of� �� Atcahair �sk�th r��{ar cause� of atl fa'fa� anc! �� r�' aleohoi-reCatecJmusesas�uu�IFe+�entall�9e# ry`oi�fq�aV c�ashe� i�hvolw�i��fiee' "q-a' '�'�cfrnrer,s t i r .. � I � r -� rv � � M Y p, O�Z n 44 �yn lhei rnasfiersdnit�octorsde�reesioSAP GUl'arb,d�';anc1 ��Mltotfal�lCJeek�i�Repor,�,19401. ; ' � 15 r ft ' ,b r U ��.t i �f �6 7491� "� � , �� , � �' �� /�out�,8U0,s�d,e'rits�ages,l6,fo19,�dted�m �� I�anationalsu�jreqcoilegeadrri�n►strQtors � a��aF,to�,r��ated�t',��affFC,acc[d`enfs�in,l'989��' �� eshm �'� dent afcohol t�s� leads �' ` , a�ed it�at st� , ' ' ' �uttdeji' 1�97� ° � ' " , � ` � � , � , � , �� O �G9k.p@rCeI�11 O� CtQI1lC1�2�10 f2S1C��110E ^ ir �'+ '� � � J i i � �� ' � °� � i� �i � �, � 1, � � � hoiM�;�. 3h perceri� of acas�em�c pro�i�erns, � � �'° "'r' i ( j � � � � ] , . , i �� ] � ,] � `� , � � �i �� QII�� `lJ� F12CCe(1t Of (�FO ��OFJtS fCQ�f12C�le ' , " f, � 17��i�IQ�� '1tGl��eil'C�� 4L� n I �� 1 r !' � � � i, �'I �� i � �r �� V Ebund�atton f,or ihe Aa'vanreinerrt �o� � �; , �, ,�, „, , � � � � w ,, , � , � �r�� '' Teach�h 1990y ' �A�co��n bfa a o"ll �onducted�6�r'�"tCie�NahpmaV� � � 9 �9 P , �� , i� ' � - m � I r H�(� k rv , A�soaaua�4� o�'Stu�gnt'�Cp�u��fs �(cohpl �as ifie � - �@��„e(QF 0C0��@$111C��t$��$II70(@ � � P i i i��i Yr,� i ii I i '� II ii pl iN 9 1+ r� i �irii�� 4� .' i , � � � �� t[t�SC�7O0r��pGO�FiltO�q�e �iS�r,BOy'�i ' moneyfor aico�i;o� tk�r� GooC�s tO�P) � " � , �� ' �, `,� � � ` � ' � , � " ," � �� , , �,. �, � aYca,hol.��,i�er��'sc�oof'� w�mst�sgn,bu� prq�aFem '' ' , � , �I � ��> r, i r �ri n �i7" o� �� Co�t siuc�e � cohs,�me a� esfi�ate.d � � L��fi9��l�, � 'r , � �, � ,� � � a ,, � � � � �, , , � � �� , n t�� i "q, I �� P i _� I �V � ��I i vi� f� I i I ' i,� � i ' � �Q��I�(1��O�1SQf�,��QIi7F7� � ,�I; r �r � � � i i ,- 11 I - � 1 r . .� �i � i r I �`:n i� I n i i: i ii i J �� . i � ai r I i i 9 i � i � r I�� l p I 1 h,� i � i i �� r , pe�yeor m�s�seE,otl�rvatc�lot'�fiN��oo � � �; i � i i ! i i i �� i I I � � p i Ofy�pic siaed s�n�rrmui� pqots!3tOSdP. � , ' �'` � � �� ° � ��„ , � � � ; , y , �� i.�i. d i�, r it- � � �� i 19421.' r � �-,, �� , � r � `1 ��g : ' r � � � l. 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I I y I I I r � � BfISQdSIU� A�ff7EJlCOf1.�[H1,I�fOIOPPF�CF�l�I�L��i�� PP ,�$'��L � �� n :, � I I i I ��[ i f I 1'L �'��! � i „ i _ � � � � i � � li � I i , �'�' �i i � �iui l I� i k� �S � �� Ili ;��ii � I ii p �� NI i i I ,� � i r r : i f i n � at ri . I i r �' �i � Vi i i� i �I i �uio�� I��i� �� I r�li.iiil �T � i�i�, � � I r 1 �1� �illl �. �� iF�i dH ��;�� i �r�nAiq�i� iI� lii v�dol� i d�IN �I lu d i h�� u � � V i I f�l�i tIr i�i, ��i�r r !I h, '! I d f,i�;l�i p 14 �l i ii (�IJ��. I lii li I�� f'641 �4�I i i �r�h;q �II �� r�.a.l �"'�,�,� .�i ,.,Lrt'� � , t��a�iR, 1 ie t rvdk�+.nr �'`e'.�,pM�h�,�`e�ik7.l�°y�,�-A„it!.d.�Va� r��!� �b)d��+u� .r �dn�O�4�J,�a �F. .� �� Council Fi1e # _l \ ��5 Ordinance # Green Sheet # � �5 Presented By Referred To 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3$ ORDINANCE CITY OF SAINT PAUL, MINNESOTA �� '��- Committee: Date 1� � An ordinance amending Chapter 409 of the Saint Paul Legislative Code to allow aduiiiustrative payment of fines for certaiu first offenses THE COUNCIL OF THE CITY OF SAINT PAi7L DOES ORDAIN: Section 1 Chapter 409 of the Saint Paul Legislative Code is hereby amended to read as follows: "Sec. 409.26. Intogicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off=sale licensed premises for both intoxicating liquor under this chapter and noninto�cating Tiquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and deternunes that there exist substanfial and compelling reasons making it more appropriate to do so. When deviating from these standards the council sha11 provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for convictions or violations shall be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violation (1) Coxnmission of a felony related to the licensed activity. (2) Sale of alcoholic beverages while license is under suspension. (3) Sale of alcoholic beverages to Appearance l st 2nd 3 �a Revocation NA NA Revocation NA NA 4�' NA NA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 under-age person. (4) Sale of alcoholic beverage to into�cated person. (5) After hours sale of alcoholic beverages. (6) After hours display or consump- tion of alcoholic beverage. (7) Refusal to allow city inspectors or police admission to inspect premises. (8) Illegal gambling on premises. (9) Fail to take reasonable steps to stop person from leaving premises with alcoholic beverage. (10) Failure to make applicarion for license renewal prior to license expiration date. (11) Sale of intoxicating liquor where only license is for nonintoxicating liquor. (12) Failure to comply with statutory, and ordinance requirements for liability insurance. } �° .� 6 � �"��"u"_e 6 � � 6 � ' e 4 ,a 18 18 18 Revocarion Q'� _�y �S Revocation Revocation 12 Revocation 15 Revocation NA 6 18 Revocation } 4 � 6 � 6 12 Revocation 18 Revocation 18 10 Revocation NA Revocarion NA For those viola6ons which occur in on-sale intoxicating liquor establishments fisted above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), ., . `., . >� following schedule a�pregriz�e: Seating capacity 0--99 . . . . $ 500.00 Seating capacity 100--149 . . . . 1,000.00 Seating capacity I50--199 . . . . 1,500.00 5eating capacity over 200 .... 2,000.00 For those violations which occur in off-sale into�cating liquor establishments listed above in 9'1 -1y� � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 �- ' � � (.�• a e a a- .em- ee a� t= �e a - s .ass ,:- - - -- - - -- --::- - - - - - ---- - - - "�s� �i " •" i . 4' f. 1" t St ii . �b i 5• 8 4" \• • 2,000 square feet or less ....$ 500.00 2,001--5,000 square feet . . . . 1,000.00 5,001--10,000 square feet . . . . 1,500.00 10,001 square feet or more .... 2,000.00 based on the square footage of the retail (c) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged andfor incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the " 1 st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for deparkure from such penalties in the council's discretion. Violations occurring after the date of the norice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the " 1 st Appeazance." In all other cases, violations occurring after the date of the formal notice of hearing sha11 be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance befare the council. (d) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particulaz licensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appeazance without regard to the particular violation or violations that were the subject of the fust or priar appeazance. (e) Computation of time: (1) If a licensee appeazs before the council for any violation in pazagraph (b) where that violation has occuned within eighteen (18) calendar months after the first appearance of the same licensee for a violarion listed in pazagraph (b) above, the current appearance shall be treated azea of the establishment: as a second appearance for the purpose of determining the presuxnptive penalty. 2 °t'1-144 3 (2) If a licensee has appeazed before the council on two (2) previous occasions, both for 4 violations listed in paragraph (b) above, and if said licensee again appeazs before the council for 5 a violation listed in said pazaa aph (b), and if the current violation occurred within thirry (30) 6 calendaz months of the violation that gave rise to the first appeazance befare the council, then the 7 current appeazance shall be treated as a third appearance for the purpose 8 of deter.n;n;ng presumptive penalty. 9 10 (3) If a licensee has appeared befare the council on three (3) previous occasions, each for 11 violaYions listed in patagraph (b) above, and if said licensee again appeazs before the council for 12 a violation listed in paragraph (b) above, and if the current violation occuned withiu foriy-eight 13 (48) calendaz months of the violation that gave rise to the first appearance, then the current 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 appearance shall be treated as a fourth appearauce for the purpose of determining the pzesumptive penalty. (4) Any appeazance not covered by subsections (1), (2) or (3) above shall be treated as a first appeazance. In case of multiple violations in any appeazance, the date to be used to measure whether eighteen (18), tl�irty (30) ar forty-eight (48) months has elapsed shall be the date of the violation last in time at the fust appearance, and the date of the violation first in time at any subsequent appeazance. ( fl Other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or unpose a civil fine not to exceed rivo thousand dollars ($2,000.00), to unpose conditions or take any other adverse action in accordance with law, provided, that the license holder has been afForded an oppornuuty for a hearing in the manner provided for in section 310.05 of this Code. (g) Effect of responsible business practices in determining penalty. In deterxnining the appropriate penalty, the council may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions ar submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business practices in regazd to sales to intoaticated persons and sales to mmors. (i ) For the purposes of service to intoxicated persons, evidence of responsible business pracrices may include, but is not limited to, those policies, procedures and actions that are implemented at time of service and that: a Encourage person not to become intoxicated if they consume alcoholic beverages on the defendanYs premises; b. Promote availability of nonalcoholic beverages and food; c. Promote safe transportarion alternatives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuuiiug alcoholic beverages while acting in their capacity as employees or agents; e. Establish promotions and mazketing efforts that publicize responsible business practices to the defendanP s customers and community; f. Implement comprehensive tranung procedures; g. Maintain an adequate, trained nutnber of employees and agents for the type and size of defendanYs business; Gt'1 -14`-t.5 1 h. Establish a standardized method for hiring qualified employees; 2 i. Reprimand employees who violate employer policies and procedures; and 3 j. Show that the licensee has enrolled in recognized courses providing traiuing to 4 self and one (1) or more employees of the licensed establishment in regazd to 5 staudards for responsible liquor service. 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 �t�ar�euero a �� ; �..� _ � Adoption Certified by Council Secretary Hy: � � Approved by Mayor: at � v ` 1 Byc (2) Foz the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those listed in subsection (1) and the following: a. Management policies that aze implemented at the time of service and that ensure the examivaflon of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. comprehensive training of employees who aze responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service." Section 2 This ordinance shall take effect and be in force thiriy (30) days following its passage, approval and publication. Requested by Department of: L/�.I/'� /i�!� - Form Approved by City Council Adopted by Council: Date Q°c. �6 9.q,� q1 •1445 nn/!n � UEPAMMEMADFFlCE/COUNCIL OATE INITIATED � U � '�" � c��ycoua��t llr�a�9� GREEN SHEE CONTACT PERSON 8 PHONE INITIAWATE INITIAUDATE Ge Strathman 6-8575 � DEPARTMENT DIFE � CRY COUNpL � ASSIGN O CITY ATTORNEY � CITY CIERK MUST BE ON LOUNCIL AGENDA BY (DAT� NUNBEP POfl O BUDGEf DIRECTOR � FIN. & MGT. SERVICES DIR. ROUTING OROEN O MpVOP. (OR ASSI5TANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTIQN REQUES7E0; Ordinance amending Chapter 409 of the Saint Paul I.egislative Code to allow administrative payment of fines for certain first offenses. RECOMMENDA71oNS: Approve (A� or Ra7ect (R1 pEHSONAL SERVICE CONTFiACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PIANNING CAMMISSION _ CIVIL SEFVICE CAMMISSION �� Has this persoMirm ever worked under a contract for this tlepartment? _ C�B COMMI77EE _ YES NO 2. Has this persoNfirm ever been a city employee? _ STqFF — YES NO _ o�SipiCT cOUai _ 3. Does this erson/firm ossess a skill not normall p p y possessed by ariy current city employee? SUPPOATSWHICHCOUNCILO&IECTIVE? YES NO Explain all yes answers on separete sheet antl attach to green sheet INITIATING PqOBLEM, ISSVE, OPPpRTUNITY (Who, What, Whan, Where, Why): Current Ciry Legislafive Code sflpulates that for first-time violations for on-sale and off-sale licensed premises the adverse acfion taken against the licensee shall be a suspension of ihe license. The penalry of license suspension is presumed to be appropriate for every case, yet it allows for the Council to impose a lengthier suspension or a monetary fine in lieu of the suspensioa The imposiflon of a fine in lieu of a suspension for first-time violations currently requires CouncIl action together with written reason for deviating from the recommended suspension penalty. ADVANTAGES IFAPPROVED: A licensee who is enflUed to tnake an appeazance before the Council for a first-time violafion may elect instead to pay a fine to LIEP, in accordance with the schedule, without an appeazance before the Council, unless circumstances in an individual case requires deviation from the presumptive £ine established in the schedule. DISADVANTAGES IF APPROVED: None � �� NOV 2 � 1997 DISADVANTAGES IF NOTAPPROVED: The Ciry Council will need to continue with the policy of license suspensions as the presumpuve penalty for all fust-tnne violations. In addiflon, the CouncIl must continue to provide written explanation as to why a fine was unposed in lieu of suspension on the fust violafion. TOTAL AMOUNT OF THANSACTION $ COST/REVENUE BUDGETED (CIFCLE ONE) YES NO FUNDIfiG SOUflCE ACTIVITY NUMBER FINANCIALINFOWiATION (EXPLAIN) 9�i - 1`1'�5 i What are Compliance Checks? • Enforcement of existing (aws. Compliance checks identify alcohol establishments that sell alcohol to underage youth. If a person under age 21 successfully buys aicohol, an enforcement agent issues a citaflon to the license holder. Compliance checks are the most effective means for enforcing the age-of-sale laws. I I Why are Compliance Checks Important? • Youth can buy alcohol with no age identification. Teens as young as 14 and 15 report in alcohol from alcohol establishments. Fourteen percent of 18-20-year olds in mid-sized rural communides reported buying alcohol fot their last drinldng occasion. Severai studies show that individuals who look younger than age 21 can buy alcohol without showing age identificarion in 50% or more of their attempted purchases. • Communities maintain control. Some communities may want to conduct more than two checks every two years. Communities should retain the abiliry to conduct as many checks as they see fit to stop sales to minors. • Relatively inexpensive method ta enforce the {aw. Compliance checks are not necessarily cosdy. One esrimate is that compliance checks that are used to enforce administrative laws cost approximately $10 per establishment. To limit the time required by police, community groups can help by planning the checks and recruiting youth. Compiiance checks are only a burden for those businesses that are breaking the law. AAT, 1997 q'1-\y`�.S Shutting Off the Tap to Teens: Reducing Youth Access to Alcohol Yommg people who drink alcohol are dying, getting pregnant, contracting sexually transmitted diseases, being attacked, and failing schooL Telling kids to "just say no" does not work. We try to educate kids in school about the dangers of alcohol use and expect that they will not use alcohoL But kids who participate in these education programs aze equally likely to drink and experience problems as those young people who do not receive this education. Why? Youth live in a society that encourages them to dr'v�k alcohoL • Teens can easily get alcohol from adults. • Teens aze allowed to drink in places and situations throughout their community. • Advertisements entice teens to drink by promising coolness, sexual conquests, and relaxation. • Many adults think alcohol use is a right of passage. We educate kids in school and then send them back into the same environment that has always encouraged them to drink alcohoL One step towazds creating communities that do not encourage young people to drink is to: Reduce the Flow of Alcohol to Youth... Teens say they can easily get alcohol from Commercial Establishments Bars Restaurants Liquor stores Grocery stores Convenience stores Delivered alcohol Social Providers Friends over age 21 Friends under age 21 Parents Siblings Co-workers Strangers outside stores Where teens get alcohol vazies by community and age group. The most popular sources of akohol for all age groups are social providers over age 21. The older youth aze, the more likely they aze to buy alcohol themselves from commercial establishments. Among 18-20-yeaz-olds, 20% reported buying alcohol themselves the ]ast time they drank alcohol. Young people can easily purchase alcohol throughout Minnesota without showing any age identif'ication. Many underage people obtain alcohol at drinking parties where one or two youth obtain luge quantities of alcohol, often in kegs. In the past year, 54% of high school seniors and 36% of young adults drank alcohol from beer kegs. Underage Providers Once youth obtain alcohol, they often then provide alcohol to other young people. • Neazly one out of two surveyed high school students in Minnesota and Wisconsin reported getting alcohol from someone under age 21 in the last 30 days. • More than one out of four 18-20-yeaz-olds reported buying for or giving alcohol to another 18-20-yeaz old. Another 15% had given alcohol to someone under age 18. The risk of one adult selling or giving alcohol to one underage person is gready increased as that youth gives some of that alcohol to friends or acquaintances. One keg illegally sold to an underage person provides a large amount of alcohol to many teens. How do we reduce the t]ow of alcohol to young people? (1) Make adults accountable for their behavior. (2) Change and enforce community po6cies. Why do adults sell and give alcohol to underage people? • Few communities ask where young people are getting the alcohoL • Few communities enforce the ]aw and hold adults responsible for illegally selling or giving alcohol to underage people. • Many adults do not realize that in Minnesota, it is a gross misdemeanor (punishable by jail or fine) to sell or give alcohol to someone under age 21 who is not your own child. What aze some examples of community policies that can reduce commercial and social access? Commercial Alcohol sales compliance checks Administrative penalties Restricting home deliveries Server/manager training Social Keg registration Social host liability Community event restrictions �`1 -1'�t-45 Youth & Alcohol Facts Alcohol is 1he drug most frequenHy used by 12- to 77-year-olds-and ihe one thal causes 1he mosF negative heaHh consequences (Center for Substance Abuse Pre•renfion,1993). Risky Se�val Behaviar A 1990 survey of Massachusetts 16- to 19- year-olds found that 49 percent were more likely to have sex if they and iheir partner had been drinking. In addition,l7 perceni used condoms less often after drinking �Strunin, 19921. Three-fiflhs of collegewomen diagnosed with a sexually transmitted disease were intoxicated at the time of infection IUniversiiy of California, Berkley,1990). Alcohol Poisoning There are 200 So 400 alcohol-poisoning deaths annualiy in ihe United States. Neariy all victims are children and adolescents Uohnson,19421. Suicide Based on rising youth suicide rates, three researchers conduded a study on 10- to 19- year-old suicide victims in Allegheny County (PA�. They found "a striking association ...beiween ihe ingestion of aicohol and the use offirearms as a method ofsuicide.' They conclude that `the epidemic increase in the suicide rate among youth may be nssociated with an increase in the prevafence of alcohoi abuse (Brent,198�. Rape and Sexual Assault In a survey of students at a southwestern university, 55 percent of sexual assault perpetrators and 53 percent of sexual assault vidims admitted to being under ihe influence of alcohoi at the time of the assault UVluehlenhard,1987►. The U.C. Berkefey Police Department said that every reported acquaintance rape on campus in a two-year period involved the use of alcohol by one or both people (Universrty of Cafifomia, Berkley,19901. � Alcohol Availability Almost7 millian young people who drinkSabout two-thirds} buy their own aftoholic beverages. Students as young as ages 12 or 13 report buying alcoholic beverages in a store (Office of the Inspedor Genera1,1991). Water-Related Injuries and Drowning Two studies that have attempted to link youth alcohol use and drowning found that from 40 to 50 percent of young males who drown �sed alcohol prior to drowning (Orlowski, 198�, NVintemute,1987l. n .�t ., , . ; , ; II I II II i � � , �� , r , , E '^� • ��;: l `I i , � � i�� i, � , �� i, , � r p � �i � . �:, . ��p,� , , � , r� . �i ��. 6' r . � H � � � r. � . , � if' i � Ca�i> u� Related �Problem's �e�1�G �ccrdent�� , ;,; � ' ' P ° � � � � � z �, � � , i � , � ��:; � ��''� � � � ' � ��.i �i � � „, �� /'�s myny stuclenfs will e,ventu��y,die of� �� Atcahair �sk�th r��{ar cause� of atl fa'fa� anc! �� r�' aleohoi-reCatecJmusesas�uu�IFe+�entall�9e# ry`oi�fq�aV c�ashe� i�hvolw�i��fiee' "q-a' '�'�cfrnrer,s t i r .. � I � r -� rv � � M Y p, O�Z n 44 �yn lhei rnasfiersdnit�octorsde�reesioSAP GUl'arb,d�';anc1 ��Mltotfal�lCJeek�i�Repor,�,19401. ; ' � 15 r ft ' ,b r U ��.t i �f �6 7491� "� � , �� , � �' �� /�out�,8U0,s�d,e'rits�ages,l6,fo19,�dted�m �� I�anationalsu�jreqcoilegeadrri�n►strQtors � a��aF,to�,r��ated�t',��affFC,acc[d`enfs�in,l'989��' �� eshm �'� dent afcohol t�s� leads �' ` , a�ed it�at st� , ' ' ' �uttdeji' 1�97� ° � ' " , � ` � � , � , � , �� O �G9k.p@rCeI�11 O� CtQI1lC1�2�10 f2S1C��110E ^ ir �'+ '� � � J i i � �� ' � °� � i� �i � �, � 1, � � � hoiM�;�. 3h perceri� of acas�em�c pro�i�erns, � � �'° "'r' i ( j � � � � ] , . , i �� ] � ,] � `� , � � �i �� QII�� `lJ� F12CCe(1t Of (�FO ��OFJtS fCQ�f12C�le ' , " f, � 17��i�IQ�� '1tGl��eil'C�� 4L� n I �� 1 r !' � � � i, �'I �� i � �r �� V Ebund�atton f,or ihe Aa'vanreinerrt �o� � �; , �, ,�, „, , � � � � w ,, , � , � �r�� '' Teach�h 1990y ' �A�co��n bfa a o"ll �onducted�6�r'�"tCie�NahpmaV� � � 9 �9 P , �� , i� ' � - m � I r H�(� k rv , A�soaaua�4� o�'Stu�gnt'�Cp�u��fs �(cohpl �as ifie � - �@��„e(QF 0C0��@$111C��t$��$II70(@ � � P i i i��i Yr,� i ii I i '� II ii pl iN 9 1+ r� i �irii�� 4� .' i , � � � �� t[t�SC�7O0r��pGO�FiltO�q�e �iS�r,BOy'�i ' moneyfor aico�i;o� tk�r� GooC�s tO�P) � " � , �� ' �, `,� � � ` � ' � , � " ," � �� , , �,. �, � aYca,hol.��,i�er��'sc�oof'� w�mst�sgn,bu� prq�aFem '' ' , � , �I � ��> r, i r �ri n �i7" o� �� Co�t siuc�e � cohs,�me a� esfi�ate.d � � L��fi9��l�, � 'r , � �, � ,� � � a ,, � � � � �, , , � � �� , n t�� i "q, I �� P i _� I �V � ��I i vi� f� I i I ' i,� � i ' � �Q��I�(1��O�1SQf�,��QIi7F7� � ,�I; r �r � � � i i ,- 11 I - � 1 r . .� �i � i r I �`:n i� I n i i: i ii i J �� . i � ai r I i i 9 i � i � r I�� l p I 1 h,� i � i i �� r , pe�yeor m�s�seE,otl�rvatc�lot'�fiN��oo � � �; i � i i ! i i i �� i I I � � p i Ofy�pic siaed s�n�rrmui� pqots!3tOSdP. � , ' �'` � � �� ° � ��„ , � � � ; , y , �� i.�i. d i�, r it- � � �� i 19421.' r � �-,, �� , � r � `1 ��g : ' r � � � l. 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