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HomeMy WebLinkAbout(06) 2AM Bar Closingcrr~' of sr ,t~»rrH Council Agenda Item 6 MEETING DATE: AGENDA ITEM: SUBMITTED BY: November 6, 2008 2 AM Bar Closing Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council conducted a public hearing on October 16, 2008 to accept testimony on the potential extension of bar hours until 2:00 AM. BACKGROUND INFORMATION: During the public hearing a couple of questions were raised regarding licensing and terms of the license. To gather additional information, the area Cities were contacted as well as MN Gambling/Alcohol. For your convenience I have attached the emails from the Cities that have responded (Waite Park, St. Cloud and Sartell). All have the 2AM bar closing and have not experienced any enforcement issues and none of them restrict the nights that 2AM is available. The license and additional fee is administered by the State of Minnesota and the licenses run for 12 months from the date of issue which is unlike the other licenses. All other liquor licenses have ending dates of either June 30 (intoxicating) or December 31 (non intoxicating). They suggested that if the City amends the Ordinance all licenses are submitted to the State at one time so they all have the same issuance date. The fee the State charges is based on gross on-sale receipts and are either $ 300, $ 750, $ 1,000. The City has the ability to revoke a license provided they have a policy or Ordinance for such. The State of MN is not the enforcement agency for the 2AM bar closing, it is still local control as are other licenses. The City would have the ability to base a decision on the 2AM for violations, but again, the enabling Ordinance must include this language. The City does have the ability to restrict the license to certain days of the week, however, the State does not prorate the license fee. When discussing adding a fee for the Z AM license, the City will have to provide evidence of what additional fees are incurred to raise the fees. The fee must have a nexus to the 2AM closing. None of the area Cities charge an additional City Fee. On a related licensing matter, during the monthly CSB/SJU/City Administrative meetings we have been discussing the alcohol issues and minor consumption. CSB/SJU have offered to purchase ID readers for all the bars that detect fake ID's . However, the College is reluctant to purchase the equipment unless the bars are willing to use them. In a discussion with the City and County Attorney, the City could amend the current Ordinance to require establishments to use the device. The City could also look at the license structure and have a higher license for those establishments that do not use the device. Proof of use would be the submittal of fake ID's to the Police Department. The establishments should be turning the fake ID's to the department but for many reasons they do not. If the devices are required, the license holders should be required to provide evidence that they are using them (turning in ID's) BUDGET/FISCAL IMPACT: ATTACHMENTS: Email correspondence from St. Cloud, Waite Park and Sartell, email correspondence from AI Erickson (State of Minnesota). REQUE5TED COUNCIL ACTION: The Council agreed at the October 16, 2008 meeting to make a decision at the meeting on November 6, 2008. Judy Weyrens From: Michael Williams [Michael.Williams@ci.stcloud.mn.us] Sent: Wednesday, October 22, 2008 1:30 PM To: Judy Weyrens Subject: Re: 2 AM Bar closing Judy: 1. We do not charge an additional fee for the 2:00 closing license. 2. The City has "authorized" the 2:00 closing, but has not established any criteria for approval or denial of this license. The license itself is issued by the State of MN and is included as part of the renewal process for the on-sale license each year. 3. Many of our licenses are based on square footage of the establishment. Please see the entire listing of our license fees on our web site at: htta://www.ci.stcloud.mn.us/Leeal/Code/2007/511 pdf (We will be proposing an increase in these fees for the 2009-10 licensing period.) 4. Initially there was Council discussion about only authorizing 2:00 closing on certain days of the week. So - while it was "considered" it was eventually authorized for 7 days a week. 5. For specifics, this is a question best answered by the Police Chief - but we have not seen an increase in liquor related incidents attributed to the 2:00 AM closing. The Council has asked that question in the past and the answer has been consistently that we have not seen a change in incidents, just a change in the time of the bar closing "rush". We have chosen not to charge an additional fee as there has not been a significant impact on law enforcement. We did make a few changes to schedules of police officers and some procedural changes to meet the new time of that demand on resources, but it really was a shift in the time, not an increase. If you need anything else let me know. Michael Williams City Administrator michael.williams~aci.stcloud.mn.us http://ci.stcloud.mn.us »> "Judy Weyrens" <jweyrens(alcityofstioseph.com> 10/22/2008 »> Good Morning - As you may be aware, St. Joseph does not have the 2 AM bar closing and we are in the process of consideration. I have a couple of questions. 1. Do you charge a separate license fee for establishments that utilize the 2 AM bar closing? If so what is the additional fee. 2. Do you have to qualify each year for the 2 AM, do liquor violations limit the ability for an establishment to be open until 2 AM? 1 3. What is your current license fee for Intoxicating On Sale, Off Sale, Club License, Non Intoxicating License? 4. Did you consider limiting the days that an establishment can be open until 2 AM, such as only on Thursday, Friday, Saturday or Holidays? 5. Have you had any problems with the 2 AM Closing. Thanks Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363-7201 (320) 363-0342 (Fax) jweyrens~cityofstioseph.com <mailto:iweyrens~cityofstioseph.com> 2 Judy Weyrens From: Jim Hughes [jim@sartellmn.com] Sent: Thursday, October 23, 2008 1:22 PM To: Judy Weyrens Subject: RE: 2 AM Bar closing Judy, I'll answer those questions in the order listed below. If you have any other questions, feel free to contact me. 1. No, there is no additional fee. It is in combination with the base license. 2. As with any liquor license renewal, it has to be approved by council. We do a criminal/DL/credit background check of each license holder upon their initial application and a criminal/DL check each year they renew. Liquor violations affect the license itself, so the council potentially could limit the tam ability of the license holder, although that isn't outlined in our ordinance at this time. 3. On sale: $3,000.00; Off sale: $150.00; club license: up to 200 members is $300.00 and goes up to $3,000.00 for over 6,000 members. Non intoxicating license: on sale $250.00; off sale: $65.00. 4. The council had discussed limiting days the tam would occur, but decided they didn't want to limit the businesses ability to profit from it. 5. We haven't had any issues with the tam closing, and we've found that those that do thave the tam closing often times close at 1 am anyway. Weekends are normally the exception. The first year that they received their tam licenses, we made them particiularly aware of the daylight savings time issue when the clocks move ahead from 1 a to 2a. On a side note, we don't necessarily have the college crowd at our bars as you do, and the foot traffic to and from that you experience in your downtown. I can see where a tam closing may not make your residents along the walking routes home very happy. Jim Hughes Chief of Police Bartell Police Department 310 2nd St. S; PO Box 334 Bartell, MN 56377 Phone:320-251-8186 Fax: 320-258-3760 E-Mail: jim(a~sartellmn.com City Website: www.sartellmn.com Police Department Website: http://www.sartellmn.com/police/departments police.htm The unauthorized disclosure or interception of a-mail is a federal crime. See 18 U.S.C SEC 251 [4]. This a-mail is intended for the use of those whom it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the law. If you have received this a-mail in error, do not distribute or copy it. Please return it immediately to the sender with attachments, if any, and notify the sender by telephone. Thank you for your cooperation. From: Patti Gartland Sent: Wed 10/22/2008 12:02 PM To: Jim Hughes Subject: FW: 2 AM Bar closing Could you please respond to Judy's questions. Thanks. From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com] Sent: Wednesday, October 22, 2008 11:53 AM To: Patti Gartland; Michael Williams; Shaunna Johnson; Ross Olson Subject: 2 AM Bar closing Good Morning - As you may be aware, St. Joseph does not have the 2 AM bar closing and we are in the process of consideration. I have a couple of questions. 1. Do you charge a separate license fee for establishments that utilize the 2 AM bar closing? If so what is the additional fee. 2. Do you have to qualify each year for the 2 AM, do liquor violations limit the ability for an establishment to be open until 2 AM? 3. What is your current license fee for Intoxicating On Sale, Off Sale, Club License, Non Intoxicating License? 4. Did you consider limiting the days that an establishment can be open until 2 AM, such as only on Thursday, Friday, Saturday or Holidays? 5. Have you had any problems with the 2 AM Closing. Thanks Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320)363-7201 (320) 363-0342 (Fax) iweyrensCa~cityofstiosegh.com 2 Judy Weyrens From: Joni Specht [jspecht@waitepark.org] Sent: Wednesday, October 22, 2008 12:15 PM To: Judy Weyrens Subject: Fwd: 2 AM Bar closing Attachments: Fwd: 2 AM Bar closing Judy, 1. No, we do not charge an additional fee for the 2 a.m. 2. No, we do not qualify each year. I call the PD and ask if there have been any problems with the 2 a.m. closing at the particular establishment. If not Shaunna signs off. Have not ran into any problems since we started. I suppose if the PD tells me tells me there have been issues I would bring to Shaunna and she would have to decide if council should act. 3. On Sale Liq. is $2800 (we do pro-rate for new licenses), Off Sale Liq $100.00, Club $100.00, Off Sale 3.2 $50.00, On Sale 3.2 $100, Wine $200.00 -establishment with wine can have strong beer at no extra fee, Sunday Sale $200.00 4. No, we did not consider limiting the days open for 2 a.m. 5. No problems. State sends the renewal directly to the establishment. They bring in to me for Shaunna sign and either I or they mail in. State issues license then returns to me. I photocopy for 1:Iles and mail to establishment. If you have any more qustions ]udy just let me know! Joni Specht Payroll/HR 320-252-6822/320-252-6955 Fax Judy Weyrens From: Mary Generous Sent: Wednesday, October 15, 2008 11:45 AM To: Judy Weyrens Subject: City of St. Joseph Liquor Information From: Erickson, AI [mailto:Al.Erickson@state.mn.us] Sent: Wednesday, October 15, 2008 11:30 AM To: Mary Generous Subject: RE: City of St. Joseph 1. There are currently 972 tam permits issued 2. I have seen some revert back but very few 3. increased enforcement costs for the extra hour of liquor sales AI Erickson MN Department of Public Safety Alcohol 8 Gambling Enforcement 651-201-7510 651-297-5259 -Fax al.erickson cr.state.mn.us www.dgs.state.mn.us -----Original Message----- From: Mary Generous [mailto:mgenerous@cityofstjoseph.com] Sent: Wednesday, October 15, 2008 10:19 AM To: Erickson, AI Subject: City of St. Joseph Good Morning: The City Council for the City of St. Joseph is considering extending bar closings until 2 AM. In an effort to help them consider the matter, we are interested in the following information: 1) How many licenses in the State of MN currently allow the sale of alcohol until 2 AM? 2) Once granted this extension, do businesses often retain those hours of operation - or do you routinely see a reduction back to the 1 AM closing? 3) Are there additional factors that you would deem important in considering a potential 2 AM closing time? Your cooperation is greatly appreciated! Thank you! ~~~~ J~natouD- Mary Generous City of St. Joseph 320.363.7201 meenerousCa~cityofstioseph.com 1