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Home My WebLink About2012-03-21 PACKET 08.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 03/21/12 PREPARED BY Public Safety Craig A. Woolery ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Pass a motion approving and adopting an ordinance amending Title 3, Business and License Regulations of the City Code by amending Chapter 3 relating to Liquor Control and consider adopting a resolution authorizing publication of the ordinance by title and summary. STAFF RECOMMENDATION Pass a motion to adopt the ordinance and amend the current city code and adopt the resolution authorizing publication of the ordinance. SUPPORTING DOCUMENTS ❑ MEMO: memo from Deputy Director of Public Safety Greg Rinzel dated February 13, 2012 to the Public Safety Commission and memo from Deputy Director of Public Safety Greg Rinzel dated March 13, 2012 to Honorable Mayor, City Council and City Administrator ORDINANCE Resolution ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER From: Deputy Director of Public Safety Greg Rinzel Date: March 13, 2012 Subject: ORDINANCE AMENDMENTS RELATING TO PENALTIES FOR LIQUOR LIECNESE VIOLATIONS On February 21, 2012 the Public Safety, Health and Welfare Commission reviewed the proposed Liquor License Ordinance provided by Captain Peter Koerner covering amendments in the ordinance. They also had the opportunity to discuss the proposed ordinance amendments and asked Captain Koerner questions. The Commission approved the draft ordinance amendments as presented. Recommendation — approve the amendments to the Liquor License Ordinance as presented. Thank you. /cce ORDINANCE NO. AN ORDINANCE RELATING TO PENALTIESFOR LIQUOR LICENSE VIOLATIONS; AMENDING SECTION 3 -3 -18 OF THE COTTAGE GROVE CITY CODE THE CITY OF COTTAGE GROVE DOES ORDAIN: Section 1. Section 3 -3 -18, subsection A, paragraph 2 of the Cottage Grove City Code is amended to read as follows: 2 The firpnse shall b su s p ended a by the Gity G G,l After a finding under this subsection A that the licensee has failed to comply with any applicable statute, rule, or provision of this chapter the license shall be suspended for at least the minimum periods as follows: a. For the first violation within any t two 2 year period, at least one day suspension or, at the city council's discretion, participation of all emolovees in an educational p rogram approved by the public safety director in addition to any criminal or civil penalties which may be imposed. b. For the second violation within any th two (2) year period, at least three (3) consecutive days' suspension in addition to any criminal or civil penalties which may be imposed. C. For the third violation within any three two 2 year period, at least seven (7) consecutive days' suspension in addition to any criminal or civil penalties which may be imposed. For a fourth violation within any thee (3) two 2 year period, the license shall be revoked. Sec. 1. This ordinance is effective the day following publication. Adopted this day of March, 2012. Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk 398982v1 CAH CT155 -24 CITY OF COTTAGE GROVE RESOLUTION NO. RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. - WHEREAS, the City of Cottage Grove has adopted the above referenced amendment to the Cottage Grove City Code at the March 21, 2012 City Council meeting; and WHEREAS, the verbatim text of the ordinance is cumbersome, and the expense of the publication of the complete text of the ordinance is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Ordinance No. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, Minnesota, that the city clerk shall cause the following summary of Ordinance No. - to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION ORDINANCE NO. - AN ORDINANCE RELATING TO PENALTIESFOR LIQUOR LICENSE VIOLATIONS; AMENDING SECTION 3 -3 -18 OF THE COTTAGE GROVE CITY CODE The City Council has adopted Ordinance No. , an ordinance entitled "AN ORDINANCE RELATING TO PENALTIES FOR LIQUOR LICENSE VIOLATIONS; AMENDING SECTION 3 -3 -18 OF THE COTTAGE GROVE CITY CODE" This summary of the ordinance is published pursuant to Minn. Stat. § 412.191, subd. 3. The ordinance amends after a finding under this subsection A that the licensee has failed to comply with any applicable statute, rule, or provision of this chapter, the license shall be suspended for at least the minimum periods as follows: For the first violation within any two (2) year period, at least one day suspension or, at the city council's discretion, participation of all employees in an educational program approved by the public safety director, in addition to any criminal or civil penalties which may be imposed. For the second violation within any two (2) year period, at least three (3) consecutive days' suspension in addition to any criminal or civil penalties which may be imposed. For the third violation within any two (2) year period, at least seven (7) consecutive days' suspension in addition to any criminal or civil penalties which may be imposed. For a fourth violation within any two (2) year period, the license shall be revoked. Caron M. Stransky, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Cottage Grove, Minnesota this 21S of March, 2012. Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk City of Cottage Grove Public Safety To: Public Safety, Health and Welfare Commission From: Deputy Director of Public Safety Greg Rinzel Date: February 13, 2012 Subject: ADMINISTRATIVE OFFENSE PENALTIES - ALCOHOL At the December 7 2011 regular City Council meeting, Council looked at the proposed fee schedule changes relative to alcohol compliance check violations. Council identified some concern about the proposed changes and asked for a market comparison for fines and suspension periods. Please see Director Woolery's previous memo for further detail on the background. The public safety department reviewed similar ordinances and fee schedules from both within and outside of Washington County. The market comparison showed the current fees and fines are all within the average, however the look back duration of 36 months is higher than the 24 month average. The day of suspension on the first violation is also slightly over average within Washington County. A solution can be reached by adding an educational component instead of the one day suspension for the first violation. This option is used by other cities as an alternative to the suspension. This allows the business to learn and hopefully ensure through training the servers understand the importance of conducting proper identification checks, and the consequences that occur when they fail to comply with state law. The city comparison summary is attached. The public safety department would like your input and support on amending the current ordinance and fee schedule. Option #1 Continue with our current ordinance which is line with Minnesota State Statues 340A.415, License Revocation or Suspensions, Civil Penalties. Option #2 Change the current 36 month look back period to 24 months which falls more in -line with other cities, and add an educational component in -lieu of license suspension for the first violation. This would require business's to complete yearly training for all of their alcohol servers. This training can be received through Washington County Department of Health, the Cottage Grove Police Department or a city approved on -line course RECOMMENDATION Recommend Option #2. This option places our fees and fines in the average for similarly sized cities in the metro area. The changes also give business's the option of reducing any suspension period for first time offenses by requiring additional training of their employees. After receiving public comment and comments from the Public Safety, Health and Welfare Commission the Department of Public Safety will forward the revisions to the City Attorney for comments and input. A draft version will be sent to the City Council for review and approval. This has been a public process with citizens having the opportunity to be involved. I would recommend that the Public Safety, Health and Welfare Commission approve the revisions to the Administrative Offense Penalties - Alcohol ordinance and forward it to the City Council for approval.