87-7380R50
CITY OF RICHFIELD
RESOLUTION N0. 7`380
RESOLUTION SPECIFYING CERTAIN Il~ROPER
CONDUCT OF ON-SALE INTOXICATING LIQUOR
LICENSEES AND STATING RECOI~SErIDED
DISCIPLINE TSEREP'OR
BE IT RESOLVED by the City Council of the City of Richfield as follows:
I. BACKGROUND STATEMENT.
The City of Richfield ariaually issues a number of licenses permitting the
oa-sale sale of into:icatiag liquor within the City. The conduct of the
1lceased activity is =ovsrnsd by the provlsions of 8ectioa 1200 of the City
Code. Although, the provisians~of that Section describe in a general way what
is expected of licensees is the proper conduct of the licensed activity, the
City Council is concerned that licensees should have a more specific vadar-
staading of the types of conduct, jenerally described is the Cods, which may
subject thsiz licenses to discipline; and further that they haw a clear
understanding of_the scope sad nature of the discipline which may be imposed
for cestaia specific coaduct. The levels of discipline described is this
reeolutioa will be imposed only is accordance with the applicable provisions
of law. Ths list of activities sad conduct contained is this resolution is
sot iateaded to b• exhaustive, but rather concentrates on the types of coaduct
most frequently ob~ervsd at Iicsnsed establishments. Other activity or
conduct which is detrimental to the public safety, health, morals and welfare
sad which aonstitutss a violation of the provisions of Seetion 1200 of the
City Cod• may also subject liquor Iicaases to discipline. The aet3oa• wbich
the City may. take in accordance with this resolution are not iateaded to
preclude such further actions such as actions in law or is equity or criminal
prosecution available to the City for the conduct described 1n this
resolution.
jj. gPECIFIC PROHIBITED CONDUCT A
A. Noise and Other Ditturbint Cc
.. -----
Licsnase• are responsible for the
licaased tstablishmsnt; aad of i~
the •stablishmeat rho aze either ~
n or Nsar the
t of their patrons chile rithin th•
trithin the Sasaediat• vicinity of
to or issuing the astabliahmsnt. Ths
City is nnriiling to permit the continued opsratioa of t licensed liquor
sstablishmeat in circumstances rho
is having a detrimental impact np~
the community and patrons of the ~
be imposed upon on-sale intoxicat
criminal misconduct occurring on
able to patrons of the satablishme
a it is evident that the licensed activity
the health, rsifars, safety aad morals of
ablishment. Ths folloring discipline may
~ liquor liceasas for verified reports of
sear the Iiceased premises and attribut-
(iacluding persona eateriag or leaving):
a) For five such incidents ~,occurriag rithin Teas than a 31-day period
(beginning rith the days of the f scat of such five incidents) -
suspaasioa of the licea~a for up to 10 days and a civil fine of
;2,000 for each incidents
b) For ten •uch iacident• occurring rithin less than a 61-day period
(beginning rith the di~te of the first of such incideats} -
suspeaaion of the license for up to 30 days and a civil .fine of
12,000 for sash iacideat
c) For 15 such incideats oe~curring rithia say 91-day period (beginning
rith the date of the first of such incidents) - suspension of the
license for up to 60 day aad a civil fine of ;2,000 for each
incident.
The discipline outlined aboveis ineeaded to b• cumulative in nature, aad
incideats which give rise to discplins (or the right to discipline) during a
shorter period may ba counted in determining rhsther discipline is appropriate
during a Ioager period.
The term "verified reports ofI criminal misconduct" means a report made to
the dirsctor of public safety bylthe lieeaeee or a complaint made by others
concerning as incident constituting a crime wader the City Cod• or .the Iaw of
2
Resolution No. 7380
the State of 1Kianssota, which, is the opiaioa of the director, is directly
attributable to the licensed activity.
Veritied regort• of criminal misconduct do not of nscssaity assn rsquasts
for service, sad lieeassas shall not be requirsd to make requests for service
in situatloas rhsrs the lieenss• is capable of rasolvina the iacident without
police assistance. Bawevsr, it is necessary for the City to have an accurate
aeasurs of the level of criminal misconduct.. The departmegt of public safety
shall establish stsadards sad criteria for the making of such. reports by the
licensee. If the licease• tails to make the required reports of criminal
misconduct in accordance rith such standards and eriteri~, the iolloring
additional discipline may be imposed upon its on-sale intoxicating Iiquor
licease:
a) Por the first iacident of failure to report erimiaal misconduct
within say licease year - suspension of license for ap to five days
sad a civil. fine o! ;2,000.
b) For the second such iacident in say licease year - suspansioa of
licsnse for ap to 10 day sad a civil fins of ;2,000.
e) For the third such iaeideat in say license year - suspension of
Sicsase for up to I5 days and a civil line of ;2,000.
B. Serving Alcoholic 8evaragea DsYoad the Interior of The Licensed Premiss
or Permitting Patrons to Leave such Licensed Premises rith Alcoholic
Beverages. Licanaees must assure that the service sad consumption of
~~.
alcoholic beverages will bt confined Daly to those areas permitted by the
licsnse. Failure to do •o map have as evident and adverse impact epos other
activitise lawfully occurring rithin the area and ersatas a substantial risk
of criminal bshavior such as violation of the Open 3ottie Lar. The foliowiag
discipline may b• imposed upon oa-sale iatoxicatina beverage 1leensss:
a) The first iacident duria~ the license. year - up to a 10-day
suspension sad ;2,000 civil fine.
3
b) The second incidsat du
suspensioa and #2,000 ci
c) The third incideat dui
suspension and ;2,000 ci
d) The fourth incident duri
C.
the iicease year - ap to a 30-day
tine.
the iicease year - up to a 60-dad
fine .
the liceass year - revocation of license.
Under
Cod• f25.i14 (Overcrowdiat). ',
Licsase• are abeolut~iy bouadlto preveat situations in which the licensed
prsmises become overcrowded. Thee, City fiords that the opportuaity to serve
alcoholic beverages contributes to,aa environment Mhsrein overcrowding, if not
strictly coatroll~d by the lice
shall •tats the maximum occupy
following diacipliae may ba impc
for iacidsnt of overcrowding ver
a) Ths first iacidsnt duri.
suspeasioa sad #2,000 c
b) The second iacidsnt d
suspsaaioa sad #2,000 c
c) The third iacidsnt dt
suspension sad #2,000 c
•, tuy occur. Each liquor iicsaae issued
limit for the licensed premises. The
upon on-sale iataxicatiag liquor licenses
~d by the City~a public safety director:
the license year - up to a 14-day licsae•
it fiat.
lag the licsase year - up to a 30-day
it fins.
:ag the licea^e year - up to a 60-day
it fine.
d) The fourth or subsegv~~ent iacidsnt during the licsase year -
rsvocatioa of the liceas!ie.
D. Facilitating Gambiia$. Licssuees must sot permit or allow say condition
to occur on the licensed premises which would facilitate Samblia= activity.
Licensees may sot permit say device on the Iiceased premises which could be
used for gambling, Sueh devices include blackjack tables, video gsats• of
chaacs, roulette wheels and say other amassment or gsmbliag device as def iced
is Miami nssot_ Sta~tut~es, Chapter 349 and 609, sad Aichiield City Code
Subsections 1100.13 sad 1100.01.
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Resolution No. 7380
For any incideat o! facilitation of gambliag the on-sale into:icatiag
liquor may be suspended for up to a period o! days equal is Wombat to the
period of day that such incident continued.
E. Effect o! Suspension or Rsvocatioa of Food License. Oa-sale
.-.
intoaicatiag liquor licensee ahich are issued to satabiiehments because they
qualify a• sestaurants shall cease to b• valid for nay period of time dusia~
ahich the e~tablishmeat'a food license is under suspension or revocation as
the rssult of actions taken by the city maaaEsr, enforcement afficez, or both
pursuant to Subsection 615.05, •ubdiviaioa 6 of the City Code. The on-saie
eels of intoxicating liquor during such period shah conatituts sa unlicsnsed
sale.
The City Council retains the right to modify the provisions of this
resolution from time and to impose penalties in eacsss of those contained
herein ahea, is the ~udgmsnt of the council it is appropriate to do so.
Fassed by the City Couacii of the City o! Richfield thi• 14 i~ day of
December , 198 7 .
ATTEST:
Thomas Ferber, ity Clerk
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