(A) The City Council finds that the serving and consumption of alcoholic beverages in any establishment holding an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale 3.2 percent malt liquor license can contribute to increased acts of disorderly conduct. These acts of disorderly conduct result in a greater demand on city services, negatively impact the livability of the city, and have an adverse impact on the health, safety and welfare of city residents. The City Council further finds that the holders of on-sale intoxicating liquor licenses and on-sale 3.2 percent malt liquor licenses need to be responsible for managing their establishments in a manner that does not contribute to acts of disorderly conduct by their customers, employees, or agents. For the purposes of this chapter, the term ESTABLISHMENT means the licensed premises and all portions of the property where the licensed premises is located, and the term LICENSEE means the holder of an on-sale intoxicating liquor license or the holder of an on-sale 3.2 percent malt liquor license.
(B) Maintenance of order. Each licensee must comply with the following provisions.
(1) A licensee is responsible for the conduct at its establishment and the conditions of sobriety and order of all persons at the establishment. The act of any employee or agent of the licensee is deemed to be the act of the licensee, and the licensee is liable for all penalties set forth in this chapter or state law equally with the employee. The licensee is deemed to have knowledge of any acts of disorderly conduct identified in this section occurring at the establishment.
(2) No licensee or any other person shall sell, give, barter, furnish or dispose of in any manner, directly or indirectly, any alcoholic beverage or 3.2 percent malt liquor, in any quantity, for any purpose whatsoever, to any obviously intoxicated person. An obviously intoxicated person shall not be allowed to enter a licensed premise. For purposes of this section, OBVIOUSLY INTOXICATED PERSON means a person who is presently impaired, mentally, physically, or emotionally, as a result of the presence of alcohol in the person's body and such impairment is obvious to a reasonable person. Evidence of an obviously intoxicated person includes, but is not limited to, the odor of intoxicants on the person's breath, bloodshot eyes, dilated pupils, stumbling, staggering, slurred speech, or other symptom commonly associated with intoxication.
(3) A licensee must require that all of its employees or agents who serve alcoholic beverages or who provide security at the establishment successfully complete an annual program of server and security training. Such program of server and security training must be approved by the Brooklyn Park Police Department. A licensee must annually submit proof to the Brooklyn Park Police Department that an approved program was successfully completed by each employee or agent who serves alcoholic beverages or who provides security at the establishment.
(4) Employees or agents of licensees must not consume alcoholic beverages while working, or work while obviously intoxicated.
(5) A licensee or any of its employees or agents shall not sell, offer to sell, or deliver to any person more than two alcoholic beverages for a single price or increase the volume of intoxicating liquor or 3.2 percent malt liquor in an alcoholic beverage without proportionately increasing the price charged for the alcoholic beverage. Special pricing on drinks, commonly referred to as "happy hour," may only be offered between the hours of 12:00 noon and 11:00 p.m. Temporary promotional pricing; i.e., pricing associated with a specific event, is allowed after 11:00 p.m. as long as the temporary promotional pricing is also offered during other hours of operation on the same day. Beer, wine, or liquor samplings are allowed as permitted by state law.
(6) A licensee or any of its employees or agents must engage in responsible serving practices. Sales of pitchers of alcoholic beverages are allowed, provided there are at least two persons intending to consume the pitcher of alcoholic beverages. The sale of a single serving of an alcoholic beverage which, when consumed, would, by itself, result in an alcohol concentration of .08 or more is not allowed.
(7) (a) A licensee or any of its employees or agents must not:
1. Encourage or permit customers to conduct games or contests that involve drinking;
2. Award prizes to customers based on alcohol consumption; or
3. Award prizes of alcohol to customers.
(b) Alcoholic beverages must not be included as part of a charge for admission to the licensed premises.
(8) A licensee or any of its employees or agents must require patrons and occupants of the establishment to conduct themselves in such a manner as to not cause any portion of the establishment to be disorderly, as defined in division (C) of this section or defined elsewhere in the city code or in state law.
(9) Employees or agents of a licensee or any person providing entertainment or working for or on behalf of a licensee, whether compensated or not, must act in accordance with federal, state and local laws, statutes, ordinances, regulations and rules, including any conditions associated with the liquor license. Conduct by any of those persons at the establishment will be considered to be, and treated as, the act or conduct of the licensee for the purpose of imposing penalties or other sanctions against a licensee.
(C) A licensee is responsible for acts of disorderly conduct by persons occupying its establishment when a licensee knows or has reason to know of acts of disorderly conduct by persons occupying its establishment or when a licensee manages its establishment in a manner that contributes to acts of disorderly conduct by persons occupying its establishment. For purposes of this section, the following types of conduct at an establishment are disorderly:
(1) Unlawful possession, delivery, or purchase of a controlled substance, as set forth in M.S. §§ 152.01 et seq. and Chapter 135 of this code;
(2) Disorderly conduct, as set forth in M.S. § 609.72 and § 134.15 et seq. of this code;
(4) Homicide and suicide, as set forth in M.S. §§ 609.18 through 609.215;
(5) Criminal sexual conduct, as set forth in M.S. §§ 609.342 through 609.3451;
(6) Prostitution or acts relating to prostitution including housing individuals engaged in prostitution as set forth in M.S. §§ 609.321, Subdivision 9, and 609.324;
(7) Unlawful use or possession of a firearm at an establishment as set forth in M.S. §§ 609.66 et seq. and Chapter 136 of this code;
(8) Assault as set forth in § 134.01 of this code;
(9) Contributing to the delinquency of a minor as defined in M.S. Chapter 260B;
(10) Sexual and labor trafficking crimes as set forth in M.S. §§ 609.281 through 609.284;
(11) Interference with a police officer as set forth in M.S. § 609.50;
(12) Terroristic threats as set forth in M.S. § 609.713;
(13) Unlawful assembly as set forth in M.S. § 609.715;
(14) Riots as set forth in M.S. § 609.71;
(15) Interfering with phone calls for emergency assistance as set forth in M.S. § 609.78;
(16) Gambling as set forth in M.S. §§ 609.75 through 609.76;
(17) Crime committed for the benefit of a gang as set forth in M.S. § 609.229;
(18) Racketeering as set forth in M.S. § 609.903; or
(19) Any other conduct deemed disorderly by the city or other law enforcement agency.
(D) Upon a determination by the City Manager that any act or conduct described in divisions (B) or (C) of this section, or any other act of disorderly conduct as provided for elsewhere in the city code or in state law, has occurred at an establishment, the City Manager will provide notice of the conduct to the owner of the establishment and to the licensee directing them to take action to prevent future incidents.
(E) If another act or conduct described in divisions (B) or (C) of this section, or any other act or conduct prohibited elsewhere in the city code or in state law, occurs within 12 months after an incident for which notice was provided under division (D) of this section, the owner and licensee will be notified and will be required to participate in a Problem Solving Conference (PSC). The PSC will be scheduled and conducted by the City Manager. The purpose of the PSC is to develop a plan of action to ensure that a future incident does not occur at the establishment. The PSC must be approved by the City Manager. A licensee must participate in the PSC within five business days of the notice.
(F) If a third act or conduct described in divisions (B) or (C) of this section, or any other act or conduct prohibited elsewhere in the city code or in state law, occurs within 12 months after either of the two previous incidents, the City Manager will notify the owner and licensee of the third incident and will require the owner and licensee to submit a written report of the actions taken, and proposed to be taken, to prevent further incidents. The written report must be submitted to the City Manager no later than ten business days after notice of the third incident is mailed or delivered to the licensee. The written report must also detail all actions taken by the licensee in response to all previous incidents for which notices were sent to the licensee.
(G) After the third act or conduct described in divisions (B) or (C) of this section, or any other act or conduct prohibited elsewhere in the city code or in state law, the City Council may deny, revoke, suspend, or not renew the license, or may apply any other sanction provided by law. The owner and licensee shall be provided with written notice of a hearing before the City Council to consider such denial, revocation, suspension, non-renewal, or sanction. Such written notice must specify all incidents of disorderly conduct and violations under this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten business days and no more than 30 days after giving such notice.
(H) Upon a decision to revoke, deny or not renew a license, the owner or licensee will not be eligible to apply for any new license for a period of one year. Any person who has had two or more licenses revoked, suspended, denied or not renewed will not be eligible to apply for any new licenses for a period of two years.
(I) A determination that an act or conduct described in divisions (B) or (C) of this section, or any other act or conduct prohibited elsewhere in the city code or in state law, has occurred at an establishment must be made based upon a fair preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a determination by the City Council that any such act or conduct has occurred at the establishment. The fact of dismissal or acquittal of any such criminal charge does not operate as a bar to an adverse license action under this section.
(J) Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee as is authorized by the city code or state or federal law. This may include a PSC as well as an immediate license suspension where there has been a determination by the City Council that continued operation poses a risk to public safety. If the City Council finds that a licensee failed to participate in a PSC, then this failure is grounds for a license suspension.
(K) The City Council may postpone or discontinue any enforcement action, including an action to deny, revoke, suspend, or not renew a license, if the owner and licensee have taken appropriate measures to prevent further violations or instances of disorderly conduct.
(L) All notices given by the city under this section must be personally served on the owner and licensee or sent by first class mail to the owner and licensee's last known addresses.
(M) Any person whose license is denied, revoked, suspended, or not renewed under this section shall have the right to appeal that decision by petitioning the Minnesota Court of Appeals for a writ of certiorari pursuant to M.S. Chapter 606.
(Ord. 2009-1097, passed 4-6-09)