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CITY OF HASTINGS

Thursday, July 16, 2009 - 10:53am

ORDINANCE NO. 2009-07, THIRD SERIES

AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 111 OF THE HASTINGS

CITY CODE PERTAINING TO ALCOHOLIC BEVERAGES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:

Chapter 111 of the Hastings City Code is hereby amended and Section 111.10 shall be amended as follows:

§ 111.10 SUSPENSION OR REVOCATION OF LICENSE.

(A) The City Council may suspend any retail license for up to 60 days or revoke any retail license for the sale of alcoholic beverages upon the violation of any provision or condition of this chapter or of any state or federal law regulating the sale of alcoholic beverages. The City Council shall revoke the license for any willful violation, which under the laws of this state, is grounds for mandatory revocation.

(B) Before the Council shall suspend or revoke any license issued under this chapter, the licensee shall be given at least 10-days' notice stating the time and place of the hearing and the charges against the licensee. The notice shall also state that the licensee may have a hearing conducted under M.S. §§ 14.57 through 14.69 of the Minnesota Administrative Procedures Act, as they may be amended from time to time.

(C) Presumptive Civil Penalties. The following process and presumptive penalties shall apply only to liquor license violations involving failure of routine alcohol sales compliance checks or sales of alcohol to underage persons. There shall be no presumptive penalties for liquor license violations of other types and the City Council may impose any penalties allowed by law for those violations after the notice and opportunity for hearing provided in division (B) above.

(1) Purpose. The purpose of this section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate. When deviating from these standards the Council shall provide written findings that support the penalty imposed.

(2) Best Practices Program. The Best Practices Program (BPP) is a program offered by the City of Hastings with the intent to eliminate sales of alcohol to youth. Participation in the BPP is voluntary, it is offered to both off-sale and on-sale liquor establishments, and offers incentives to participating licensees to undertake certain practices with the objective of avoiding sales to minors. The City of Hastings will assist participating businesses with training and a different set of presumptive penalties will apply to those who choose to participate, should an illegal sale to a minor occur. Licensees may enroll at any time during their license period, and will be offered an opportunity at the time of annual license renewal. Interested licensees will provide written intent to participate, and will be categorized as a Best Practices Business once they have successfully completed the requirements of the program. It is the licensee's responsibility to ensure continued compliance with the program; the City may conduct random verification checks, and recertification will be required during annual renewal of a liquor license. If a Best Practices Business has two or more violations within a three year period, the City Council may choose to disregard a business' participation in the program and apply penalties different than the BPP presumptive penalties.

Required Items

A minimum of 75% of alcohol selling employees (at any one time) have attended alcohol training conducted by Hastings Police Department (or other training pre-approved by City of Hastings)

Business has an internal program in place for providing ongoing training of both new and current alcohol selling employees (copy of program and tracking must be provided)

Business has an internal policy requiring identification checks for anyone appearing to be 40 years old or under (copy of program and tracking must be provided)

Electives (must have 40 points)

10 Business has an internal employee reward/recognition program for employees who catch any underage customer attempting to purchase alcohol

10 Business uses an automated ID card scanner system or

20 Business uses an automated ID card scanner system that is integrated into register system*

10 Business has an internal policy setting a minimum age of 21 for employees to sell alcohol products

10 Business agrees to meet immediately with City staff following a violation (instead of waiting for criminal court proceedings

______Total electives selected

*cannot elect both automated ID systems

(3) Underage Sales and Compliance Check Failures. The following presumptive penalties apply to liquor license violations involving failure of routine alcohol sales compliance checks or sale of alcoholic beverages to an underage person(s).

Violation Best Practices Business Non-Best Practices Business

1st $500 civil penalty $1,000 civil penalty and 3 day license suspension

2nd (within $750 civil penalty and $1,500 civil penalty and

24 months of 3 day license suspension 6 day license suspension

first violation)

3rd (within 24 $1,000 civil penalty $2,000 civil penalty and

months of and 6 day license suspension 9 day license suspension

first violation)

4th (within 24 Revocation Revocation

months of

first violation)

"Best practices" designation applies to those license holders who at the time of the violation are registered with the City to participate and are in compliance with its alcohol "Best Practices Program".

(a) Multiple Violations. At a licensee's first appearance before the City Council, the Council shall act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case shall consider the presumptive penalty for each violation under the 1st Violation column in division (3) above. The occurrence of multiple violations shall be a basis for deviation from the presumptive penalties in the Council's discretion.

(b) Subsequent Violation. Violations occurring after the notice of hearing has been sent to the licensee, but prior to the hearing, shall be treated as a separate violation and treated as a subsequent violation before the City Council, unless the City Administrator and licensee agree in writing to add the violation to the appearance and hearing on the initial violation for which notice was sent. The same procedure shall apply to a 2nd, 3rd, or 4th violation considered before the Council.

(c) Subsequent Appearances. Upon a second, third or fourth appearance before the City Council by the same licensee, the Council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviation from the presumptive penalties imposed by this section.

(d) Computation of Violations. Multiple violations are computed by reviewing the time period of the two (2) years immediately prior to the date of the most current violation.

(e) Stipulations in Lieu of Hearing. When a liquor license violation involves a licensee's failure of a routine alcohol sales compliance check or sale of alcohol to an underage person or persons to which these presumptive penalties apply, documentation of the illegal sale shall be sent to the City Council by either the Chief of Police or the City Administrator, together with notice of the applicable presumptive penalty. If no Councilmember objects to application of the presumptive penalty or otherwise requests that the matter be brought before the Council within 7 days, the City Administrator or City Attorney may enter into a written stipulation with the licensee which shall include a waiver of further notice and hearing by the licensee, a recitation of stipulated facts describing the alleged violation, and setting forth the applicable presumptive penalty to be imposed, provided that all such stipulations shall be subject to the approval of the City Council and if such approval is not granted, the licensee shall have the right to withdraw its waiver of hearing and to demand a hearing before the Council.

(f) Other Penalties. Nothing in this section shall restrict or limit the authority of the City Council to suspend a liquor license up to sixty (60) days, to revoke the license, to impose a civil fee not to exceed two thousand dollar ($2,000.00), to impose conditions, or to take any other action in accordance with law; provided that the license holder has been afforded an opportunity for a hearing in the manner provided by this Chapter.

(D) Costs. Once a notice of intent to revoke or suspend a license has been mailed to the licensee, the licensee becomes responsible for all reasonable costs of investigation, administration and hearings associated with the action as a condition of reinstatement, termination of suspension, or dismissal of the allegations prior to a hearing.

Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was unanimously adopted by all Council members present.

Adopted by the Hastings City Council on this _ day of _______, 2009, by the following vote:

Ayes

Nays:

Absent: CITY OF HASTINGS

Paul J. Hicks, Mayor

ATTEST: Melanie Mesko Lee, City Clerk

I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the _____ day of ______, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee,

City Clerk/Assistant City Administrator

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