99-8714r
74
CITY OF RICHFIELD
RESOLUTION NO. 8714
RESOLUTION SPECIFYING CERTAIN IMPROPER CONDUCT OF ON-SALE
INTOXICATING LIQUOR, WINE AND 3.2 MALT LIQUOR LICENSEES AND STATING
RECOMMENDED DISCIPLINE REPLACING RESOLUTION NO. 7380
BE IT RESOLVED by the City Council of the City of Richfield as follows:
I. BACKGROUND STATEMENT
The City of Richfield annually issues a number of licenses permitting the sale of
on-sale intoxicating liquor, wine and 3.2 malt liquor within the City. The conduct
of the licensed activity is governed by the provisions of Section 1200 of the City
Code. Although, the provisions of that Section describe in a general way what is
expected of licensees in the proper conduct of the licensed activity, the City
Council is concerned that licensees should have a more specific understanding
of the types of conduct, generally described in the Code, which may subject their
licenses to discipline; and further that they have a clear understanding of the
scope and nature of the discipline which may be imposed for certain specific
conduct. The.levels of discipline described in this resolution will be imposed only
in accordance with the applicable provisions of law. The list of activities and
conduct contained in this resolution is not intended to be exhaustive, but rather
concentrates on the types of conduct most frequently observed at licensed
establishments. Other activity or conduct which is detrimental to the public
safety, health, morals and welfare and which constitutes a violation of the
provisions of Section 1200 of the City Code may also subject liquor licenses to
discipline. The actions, which the City may take in accordance with this
resolution, are not intended to preclude such further actions such as actions in
law or in equity or criminal prosecution available to the City for the conduct
described in this resolution.
II. SPECIFIC PROHIBITED CONDUCT AND PROPOSED SANCTIONS.
A. Noise and Other Disturbing Conduct Within or Near the Licensed Premises.
Licensees are responsible for the conduct of their patrons while within the licensed
establishment; and of individuals within the immediate vicinity of the establishment
whom are either coming to or leaving the establishment. The City is unwilling to permit
the continued operation of a licensed alcohol establishment in circumstances where it is
evident that the licensed activity is having a detrimental impact upon the health, welfare,
safety and morals of the community and patrons of the establishment. The following
discipline may be imposed upon on-sale intoxicating liquor, wine and 3.2 malt liquor
licenses for verified reports of criminal misconduct occurring on or near the licensed
premises and attributable to patrons of the establishment (including persons entering or
leaving):
1. For five (5) such incidents occurring within less than a 31-day period
(beginning with the date of the first of such five incidents) - suspension of the
license for up to 10 days and a civil fine of $2,000 for each incident.
Resolution No. 8714
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2. For ten (10) such incidents occurring within less than a 61-day period
(beginning with the date of the first of such incidents) - suspension of the
license for up to 30 days and a Civil fine of $2,000 for each incident.
3. For fifteen (15) such incidents occurring within any 91-day period (beginning
with the date of the first of such incidents) - suspension of the license for up
to 60 days and a civil fine of $2,000 for each incident.
The discipline outlined above is intended to be cumulative in nature, and
incidents which give rise to discipline (or the right to discipline) during a shorter period
may be counted 'in determining whether discipline is appropriate during a longer period.
The term "verified reports of criminal misconduct" means a report made to the
Director of Public Safety by the licensee or a complaint made by others concerning an
incident constituting a crime under the City Code of the laws of the State of Minnesota,
which, in the opinion of the Director, is directly attributable to the licensed activity.
Verified reports of criminal misconduct do not of necessity mean requests for
service, and licensees shall not be required to make requests for services in situations
where the licensee is capable of resolving the incident without police assistance.
However, it is necessary for the City to have an accurate measure of the level of
criminal misconduct. The Department of Public Safety shall establish standards and
criteria for the making of such reports by the licensee. If the licensee fails to make the
required reports of criminal misconduct in accordance with such standards and criteria,
the following additional discipline may be impc>sed upon its on-sale intoxicating liquor,
wine or 3.2 malt liquor license:
1. For the first incident of failure to report criminal misconduct within any license
year - suspension of license for up to five days and a civil fine of $2,000.
2. For the second such incident in any license year - suspension of license for
up to 10 days and a civil fine of $2,000.
3. For the third such incident in any license year - suspension of license for up
to 15 days and a civil fine of $2,000.
B. Serving Alcoholic Beverages Beyond the Interior of the licensed Premises or
Permitting Patrons to Leave such Licensed Premises with Alcoholic
Beverages.
Licensees must assure that the service and consumption of alcoholic beverages will
be confined only to those areas permitted by the license. Failure to do so may have
an evident and adverse impact upon other activities lawfully occurring within the
area and creates a substantial risk of criminal behavior such as violation of the Open
Bottle Law. The following discipline may be imposed upon on-sale intoxicating
liquor, wine and 3.2 malt liquor licenses:
1. The first incident during the license year - up to a 10-day suspension and
$2,000 civil fine.
2. The second incident during the license year- up to a 30-day suspension and
$2,000 civil fine.
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3. The third incident during ~he lic~nse year - up to a 60-day suspension and
$2,000 civil fine. "lot' '
4. The fourth incident during the license year - revocation of license.
C. Permitting Occupancy to Exceed the Limits Permitted Under the Uniform Fire
Code 25.114 (overcrowding)
Licensees are absolutely bound to prevent situations in which the licensed premises
become overcrowded. The City finds that the opportunity to serve alcoholic
beverages contributes to an environment wherein overcrowding, if not strictly
controlled by the licensee, may occur. Each liquor license issued shall state the
maximum occupancy limit for the licensed premises. The following discipline may
be imposed upon on-sale intoxicating liquor, wine or 3.2 malt liquor licenses for
incidents of overcrowding verified by the City's Public Safety Director or their
designee:
1. The first incident during the license year - up to a 10-day license suspension
and $2,000 civil fine.
2. The second incident during the license year - up to a 30-day suspension and
$2,000 civil fine.
3. The third incident during the license year - up to a 60-day suspension and
$2,000 civil fine.
4. The fourth or subsequent incident during the license year - revocation of the
license.
D. Facilitating Gambling. Licensees must not permit or allow any condition to
occur on the licensed premises, which would facilitate gambling activity.
Licensees may not permit any device on the licensed premises which could be used
for gambling. Such devices include blackjack tables, video games of chance,
roulette wheels and any other amusement or gambling device as defined in
Minnesota Statutes, Chapters 349 and 609, and Richfield City Code, Subsections
1100.13 and 1100.01.
For any incident of facilitation of gambling, the on-sale intoxicating liquor, wine or 3.2
malt liquor license may be suspended for up to a period of days equal in number to
the period of days that such incident continued.
E. Effect of Suspension or Revocation of Food License.
On-sale intoxicating liquor, wine or 3.2 malt liquor licenses which are issued to
establishments because they qualify as restaurants shall cease to be valid for any
period of time during which the establishment's food license is under suspension or
revocation as the result of actions taken by the City Manager, enforcement officer or
both pursuant to Subsection 615.05, subdivision 6 of the City Code.
The on-sale sale of intoxicating liquor, wine or 3.2 malt liquor during such period
shall constitute an unlicensed sale.
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F. The Sale, Consumption or Service to a Minor of Intoxicating Liquor, Wine or
3.2 Malt Liquor.
Licensees must assure that the sale, consumption or service to a minor of any
alcoholic beverage is prohibited under any condition. Failure to do so will result in
swift and severe progressive civil penalties. The following discipline will be imposed
upon on-sale intoxicating, wine or 3.2 malt liquor licenses for verified reports of
compliance checks of misconduct occurring at the establishment:
1. For a first offense, the establishment's license will be suspended for two days
and a civil fine of $500 will be due and payable to the City.
2. For a second offense, (if within two years of the first offense), the
establishment's license will be suspended for five days and a civil fine of
$1500 will be due and payable to the City. If the offense occurs outside of
two years of a first offense, it will be considered a first offense.
3. For a third offense, (if within three years of the second offense), the
establishment's license will be suspended for 10 days and a civil fine of
$2500 will be due and payable to the City. If the offense occurs outside of
three years of a second offense, it will be considered a second offense.
4. For a fourth offense, (if within four years of the third offense), the
establishment's license will be revoked and a civil fine of $3500 will be due
and payable to the City. If the offense occurs outside of four years of a third
offense, it will be considered a third offense.
Other mandatory requirements may be made of the establishment; such as, meetings
with the Public Safety Director to present a plan of action to assure that the problem will
not continue, and mandatory educational sessions with Crime Prevention staff or other
actions that the City Council deems appropriate.
The City Council retains the right to modify the provisions of this resolution from
time to time and to impose penalties in excess of those contained herein when, in the
judgement of the Council it is appropriate to do so.
Passed by the City Council of the City of Richfield this 26th day of April 1999.
~U
Martin J.' , Mayor
ATTEST:
cj~ I?C~
Thomas P. Ferber, City Clerk