(A) It is the goal of the city to have each liquor license comply with the law 100% of the time in relation to the chapter regarding liquor. The city will maintain staff to complete annual compliance checks, periodically check establishments for compliance with hours and license conditions. The city will act as a resource to provide server training or to direct businesses to approved training on an annual basis. The city wishes to have all businesses choose to be a best practices liquor license.
(B) Best practices. Best practices licensees will have the benefit of following the best practices violation matrix. The best practices program is voluntary and serves as a cooperative venture between licensees and the city to meet the goals of the city laid out in the city code. Best practices licensees will fill out an application from the city committing their establishment to working towards 100% compliance with the applicable ordinances and state statutes.
(1) Required activities. Best practices licensee will agree to keep records of best practices activities and to have them available for inspection. The best practices licensee will have 75% of all alcohol selling staff trained by the Police Department, Minnesota Department of Alcohol and Gambling Enforcement, the Minnesota Municipal Beverage Association, the Minnesota Licensed Beverage Association, (or any other organization who provides similar training upon approval by city’s Liquor Licensing Department) on an annual basis. Best practices licensees will have a written internal training program for new employees and a written policy requiring identification on anyone appearing to be 40 years old or younger.
(2) Optional activities. Best practices licensees will do four (three if they do integrated ID scanner on register) of the following:
(a) Continuously certify 75% of all employees who sell alcohol are trained.
(b) Internal employee reward/recognition program for employees who catch underage customers.
(c) Run an approved internal compliance program.
(d) Automated ID card scanner integrated into cash register.
(e) Pre-arrange to meet with staff and prosecutor on violations.
(f) Have a policy to check ID on every sale.
(g) Have a policy to work with the Police Department to prevent secondary resale of alcohol.
(h) Have a minimum age of 21 for employees selling alcohol products.
(C) Process followed for violations. The purpose of this section is to establish a standard by which the city determines the length of a license suspension, revocation, and/or civil penalty. This policy shall apply to all on-sale and off-sale license holders. These penalties are deemed to be appropriate for all violations. Licensees shall be informed that this policy applies to the license holder and does not apply to the criminal charges against the person who actually violates the law. The City Council may choose to deviate from the prescribed penalty if there are extenuating circumstances. Should the City Council deviate from the adopted policy, they must take official action and document the reasons for the deviation. The City Council may only consider the penalty portion of the action. Should the licensee wish to appeal the facts of a violation, they must request a due process hearing.
(1) Notice. Upon a determination that a violation of a city ordinance or state law relating to alcoholic beverages has occurred in a licensed premises, the licensee will be issued a notice, either personally or by U.S. Mail, setting forth the nature, date, and time of the alleged violation, the administrative penalties if applicable, the process for appealing the determination and the penalty for failing to comply with the penalty. Mailed notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address contained in city records.
(2) Compliance. Within 14 calendar days of the date of the notice, a licensee may comply with the penalties set out in the notice by paying the administrative fine and notifying the Licensing Clerk of the dates the licensee chooses to submit to any imposed suspension. Suspension days must be consecutive business days the last of which must not be more than 60 days after the date of the notice.
(3) Hearing. Any licensee who receives notice of a violation may, within 14 calendar days of the date of issuance of the notice, request in writing a hearing before the City Council. A request for a hearing must be submitted to the Licensing Clerk who will cause the request to be placed on the agenda of the next regular City Council meeting that will be held not less than 15 calendar days after receipt of the request. Written notice stating the date, time, and place of the hearing will be provided to the licensee no less than ten calendar days before the hearing. The notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in city records. The City Council may sustain, dismiss or amend the violation, and may sustain, waive, reduce, or increase any penalty provided for in this chapter, except that no penalty may exceed the maximum permitted under state law. The City Council, if it sustains or amends the violation, will establish a new compliance date for the penalties imposed.
(4) Revocation. Notwithstanding any provisions in this chapter to the contrary, a violation for which the established penalty is revocation must be forwarded to the City Council for disposition. The notice of violation will include the nature, date, and time of the violation and the date, time, and place of the Council’s consideration, which will be not less than ten, nor more than 20 calendar days after the date of service of the notice. Notice will be considered complete upon personal service on the licensee or upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in city records. The Council may sustain, dismiss, or amend the violation. If Council sustains or amends the violation it may revoke the license or impose such other penalty it deems as appropriate provided the penalty does not exceed the maximum permitted under state law.
(5) Multiple violations. Each incident with respect to date, time, place, and persons involved, will be deemed a single violation for the purposes of imposing administrative penalties notwithstanding that an incident may involve more than one offense. The City Council may take multiple offenses into consideration when determining whether to deviate from the established penalties for any violation.
(6) Violations when another is pending. Any violation that occurs at a licensed premise while a prior violation is pending for those same premises will be treated as a separate violation and considered a subsequent violation for purposes of imposing an administrative penalty.
(7) Submission to Council in lieu of administrative procedures. With the concurrence of the City Manager, or their designees, the Licensing Clerk, in lieu of accepting the administrative penalties provided for in § 5.511, may submit any violation to the City Council for review and determination. The decision must take into consideration the number and seriousness of the offenses allegedly committed in a single incident. The decision to submit a violation to the Council must be included in the initial violation notice along with the date, time, and place the Council will consider the matter.
(Ord. 1610, passed 11-26-12; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1669, passed 9-13-21)