(A) Licenses subject to security plans. After consultation with and recommendation by the Chief of Police or that person’s designee, any license or rider that has been issued or which is to be issued or renewed, may be made subject to a security plan in accordance with this section:
(1) After the occurrence of any incident:
(a) On the licensed premises that involved use of a dangerous weapon, fighting, excessive noise, and/or unruly behavior;
(b) That resulted in or involved a threat to human life, health or safety, or property;
(c) Near the licensed premises in which patrons of that licensed premises participated or were involved; and/or
(d) Involving underage drinking on the licensee’s premises or the licensee’s sale of alcohol to minors.
(2) If the licensee is scheduling a public event where the Chief of Police reasonably anticipates the need for extra security measures to protect the public in attendance at such event.
(B) Security plan provisions. Security plans shall mean requirements promulgated by the Danville Police Department specifying certain measures that must be taken by the licensee and are part of and conditions of the license. The security plan shall be in writing and signed by the Chief of Police or his or her designee. The security plan may include any or all of the following:
(1) Provisions for a specified number of licensed security guards to be on duty and the hours that they must be on duty.
(2) Detailed procedures for assuring that no alcohol is being sold or delivered to minors.
(3) Monitoring of interior and exterior areas by the licensee.
(4) Regulating traffic flow in parking areas.
(5) Amount and location of exterior and interior lighting.
(6) Regular meetings with Danville Police Department personnel.
(7) The posting of regulatory signage to aid enforcement efforts.
(8) Limitation on the number of patrons allowed on the premises or at a special event at one time.
(9) Any other reasonable security measures calculated to avoid a breach of the peace or an immediate threat to human life, health or safety or to property.
(C) Plan compliance with statutes and ordinances. No condition that is part of a security plan may be contrary to or inconsistent with any statute or ordinance regulating alcohol or any other condition of the license issued.
(D) Delivery of security plan to licensee. Proposed security plans shall be hand-delivered to the location of the licensee’s premises. If a licensee objects to the security plan promulgated by the Danville Police Department, the licensee shall notify the liquor commissioner within five business days of the day the licensee received the plan. The licensee’s objection to the security plan must be in writing and state specific reasons for the licensee’s objection. The liquor commissioner shall undertake an effort to meet with the Chief of Police and licensee as soon as practical in an effort to arrive at a security plan on which the city and the licensee can agree.
(E) Security plans with TEMP-C and TEMP-N licenses. The objection procedures set forth in subsection (D) above shall not apply to Class TEMP-C and TEMP-N licenses, but the liquor commissioner may modify such security plan regulations at any time solely in the liquor commissioner’s discretion.
(F) Temporary preventative powers.
(1) The liquor commissioner shall have the authority to impose a temporary preventative order containing one or more of the restrictions set forth herein upon the operation of licensed establishments for a period of up to 120 hours, when the liquor commissioner has a reasonable belief that there may be a threat to the human life, health or safety or to property.
(2) The liquor commissioner may include one or more of the following restrictions in any temporary preventative order entered pursuant to § 96.41(F)(1) of this chapter:
(a) Hours and days of operation;
(b) Size of drinks;
(c) No alcohol or non alcoholic beverages served in glass and/or metal containers;
(d) No happy hours; and/or
(e) Other restrictions deemed necessary and appropriate.
(3) Any temporary preventative order entered pursuant to this section shall be in writing and shall, at a minimum, contain the following information:
(a) The basis for the temporary preventative order;
(b) A description of the geographic area or premises affected by the order;
(c) The class(es) of licenses covered by the order;
(d) The dates and times during which the order will be in effect; and
(e) A description of each of the aforementioned restrictions being imposed during the time the order is in effect.
(4) A temporary preventative order entered pursuant to this section shall be signed by the liquor commissioner and filed with the city clerk as soon as is practicable, and shall be served upon each of the licensees that will be regulated by said order in one or more of the following ways:
(a) By personal delivery upon an Agent of the licensee at least 24 hours prior to the time the order goes into effect;
(b) By first class mail, addressed to the licensee at the licensee’s premises, deposited in the U.S. Mail at least three days, excluding weekends and holidays, before the order goes into effect; and/or
(c) If service by the means set forth in subsections (a) or (b) above is impractical, then notice shall be provided in a manner reasonably calculated to inform the licensees regulated by said order.
(Ord. 9470, passed 3-5-24)