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HomeMy WebLinkAbout[08] Stone House Noise Violation~! ~: crri' [3F tiT. J[/,tilsRH Council Agenda Item 8 MEETING DATE: June 5, 2008 AGENDA ITEM: Noise Violation -Stone House SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Last year the Stone House applied for and received an outdoor permit for one Wednesday a month to have outside music. After the first event, the City received some complaints about the music from the residential neighborhood. The Police Chief worked with the Stone House to re-direct the music so the speakers faced CR 75, not the residential neighborhood. Once this one done the City did not receive any additional complaints. At this same time both the Chief and Administrator discussed with the owners the need to fence the area where alcohol is consumed. The Ordinance requires a fence six to ten feet in height with controlled access. The Stone House had a living fence that was not dense enough to be considered a fence, nor did it meet the height requirement. Both Pete and the Administrator discussed with the Stone House the need to construct a fence before they made an application for an outdoor permit. The Stone House was provided an application for an outdoor event and they assured the City they would be constructing a fence. Much to the surprise of the Police Chief, the Police Department received a noise complaint at 9:45 PM on May 14, 2008. The complaint was for loud music coming from the Stone House. In reviewing the Liquor Ordinance, there is a provision for permanent outdoor liquor, however, that includes requirements, including the fence. The Ordinance also provides for a temporary outside liquor permit which allows for temporary fencing and security. The Stone House did neither of these. In checking with the City Attorney, the Stone House did violate Ordinance 71.11. The adopted Matrix includes a such a violation and the first offense is a $ 250.00 fine. The Stone House had paid the fine and admitted they did violate the Ordinance. The Building Inspector has been working with the owner to secure a fence permit to avoid such problems in the future. The Stone House also acknowledges that when they have outdoor music the speakers cannot point into the residential district. In addition to the Liquor Ordinance Violation, the Stone House has a noise violation which they are not disputing. (See attached police report). All noise violations must come before the Council for resolution. Therefore, the Council must determine the disposition for this infraction. The process is na different than the rental noise violations the Council deals with. Whenever the Stone House has an event outside they must adhere to the time restrictions and noise levels. BUDGET/FISCAL IMPACT: ATTACHMENTS: Police Report, Matrix, Ordinance Extract REQUESTED COUNCIL ACTION: The Council must take two separate actions: Acknowledgement that a noise violation did occur at 2010 County Road 75 (Stone House) on May 14, 2008. Determine the disposition. The Council has previously adopted a minimum noise violation fine in the amount of $ 250. RMS Report (~Op~ Ofricer Assigned: Badge Number: How Recd: Janssen 7704 Radio * ~ S 8 PJ PJ B 2 ~ * Reported By: ^ See Complainant Supervisor Approval: Refused TYPE OF'.QFFENSE S ~ INCIDENT CLASSIFICATION 1. 2. 3. Loud Music Level of Offense: Level of Offense: Level of Offense: ^ P. Misd, ^ Mlsd. ^ G. Misd. ^ Felony ^ P. Misd. ^Misd, ^ G. Misd. ^ Felony ^ P. Misd, ^Misd. ^ G. Misd. ^ Felony Location of Incident; Date Incident Occurred: Day of Week Incident Occurred: 2010 County Road 75 East May 14, 2008 Wednesday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: 05-14-08 2137 2137 2141 2215 AS5LSTTNG QFFICER S. ;: Assisting Officer(s): PARTICIPANT #1 ^ COMP ^ VICTIM Cl SUSPECT p WITNESS -® MENTIONED p JUVENILE ^M` 0 ~ Name (Last, First, Middle) Date of Birth: Race; D/L #: State: Stonehouse Tavern Street Address: City, State, ZIP: Phone: 2010 County Road 75 East St. Joseph, MN 56374 320-363-7222 To Jail: Cltatlon Issued: Citation #: Eyes: Figt: Wgt: ^ Yes ^ No ^ Yes ^ No FART ., . , 4,. ICIRANT ~#2 ^ COMP ^ VICTIM i~ SUS,PECT , C~ WITNESS,. ®MENTIONED ^ JUVENILE ^M~®;'~F ' ,, _. Name (task, First, Middle) Date of Birth: Race: D/L #: State: Welch, Jill Elise 07-13-1973 White B-962-087-437-417 MN Street Address; C(ty, State, ZIP: Phone: 110 23rd Avenue North St. Cloud, MN 56303 320-420-7397 C To Jail: Citation Issued; Cltatlon #: Eyes: Hgt: Wgt: ^ Yes ®No ^ Yes ~ No Bfue 5-05 115 VEHICLE # 1 i License Plate Number; State of License Plate: Year: Make; Model: Color of Vehicle: Towed 8y: Vin #: V<EHICLE~#~2, r. r , License Plate Number: State of License Plater Year: Make: Model: Color of Vehicle: Towed By: Vin #: NARRATIVE ',(Make sure to include. any property) ~" , Received a loud music complaint coming from the Stonehouse Tavern. They had a live band playing outside on the west side of the building. I could hear music and people cheering from 16th Avenue Southeast and Baker Street East. Spoke with the manager, Ms. Welch, and advised her of the complaint. Ms. Welch apologized and said the t'sme got away from her because she was busy in the kitchen. The band sto ed la in and was ackin u there e ui ment when I left. Signakure (when required); Related Case Number: Word Document: {Comp, Parent, Guardian) ^ Yes ^ No C~OPI~ CHAPTER VII -LIQUOR, BEER & WINE Subd. 4: Consumption off the Premises. All intoxicating liquor sold "on-sale" shall be possessed and consumed inside the building where purchased "on-sale" except as allowed in Subdivisions 5 and 6 of this section. No person shall possess or consume any intoxicating liquor outside the building of an "on-sale" business if said intoxicating liquor was purchased "on-sale" except as allowed in Subdivisions 5 and 6 of this section. The licensee shall be responsible for the enforcement of this provision, and permitting a person possessing intoxicating liquor "on- sale" to leave the building shall be a violation of this Ordinance by the licensee. Subd. 5: Permanent Outside Liquor. Notwithstanding the provisions of Section 71.11, Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of a building of an "on sale" business pursuant to the following terms and conditions: a) The said sale, consumption and possession is limited to property adjacent to and contiguous with the building of the "on-sale" business, and on real property owned or leased by the licensee. Under no circumstances shall the sale, consumption or possession of the intoxicating liquor occur on any public streets, alleys, sidewalks, park or other public property. b) The area in which sale, consumption and possession of intoxicating liquors may occur shall be clearly designated and enclosed by permanent fencing, which will effectively control ingress and egress to the designated area, limiting ingress and egress to specific entrances and exits which must be effectively controlled by the licensee, his/her agents or employees. The fence shall be at least six feet in height but shall not be more than ten feet in height, and shall be constructed as a "privacy fence" so as to obstruct the view into the designated area from off the licensed premises; except, if the area is for sport-type recreational use, a chain link fence is deemed sufticie.nt. The fence shall comply with structure and building setback requirements for the property on which it is constructed. c) The licensee, hislher agents or employees shall be present at the designated outside area at regular intervals for the purpose of supervising the activity of those persons purchasing, possessing or consuming intoxicating liquor and further for the purpose of controlling ingress and egress to the designated area. d) No intoxicating liquor shall be sold, served, possessed or consumed in the designated area outside of the building of an "on-sale" business later than 10:00 o'clock p.m. Customers or patrons shall not be allowed to remain in the outside area later than 10:15 o'clock p.m. The provisions of the St. Joseph Noise Ordinance (Ordinance 102) shall apply to the activities occurring in the outside area, including the playing of music. All activities must conform to the noise limitations established by Ordinance 102. 71-12 CHAPTER VII -LIQUOR, BEER & WINE c) At the meeting, the Council may either deny or grant the permit and establish reasonable conditions and regulations controlling the permitted activities. Vdhen considering a permit rcqucst, the Council shall consider the following factors: l . Protection of the peace and repose of the residents of the City. 2. The safety of City residents and their property. The reasonable concerns of City residents within the vicinity of the proposed activity. 4. The nature of the activity proposed and the manner in which the licensee intends on controlling the activity. The general land use of the surrounding neighborhood. 6. Past experience with events of a similar nature and events held by the applicant. Recommendations of the Police Department relative to public safety, law enforcement and the creation of disturbance. Whether the event is one of general community interest or is in the nature of a civic event. d) In granting a permit for temporary outside liquor, the Council shall establish reasonable conditions to protect public health, safety, repose and property. The conditions established by the Council may include, but are not limited to, the following: Limitation of the time of outside activities. 2. Limitation of the specific activities permitted. Require measures to limit or regulate noise. 4. Limit the number of participants. 5. Require the licensee to provide special security. 6. Make special provisions for additional parking. 7. Dictate cleanup of area. 71-14 LIQUOR LICENSE VIOLATIONS MATRIX Adopted September 4, 2003 Violation No aggravating One aggravating Two aggravating Three factors factor factors aggravating factors Refusal to allow 2 day suspension 4 day suspension $1,000.00 fine and Revocation inspection and $500 fine and $750 fine 7 day suspension Section 71.8.3 Nudity/Lewd acts $250 fine 2 day suspension 4 day suspension Revocation Section 71.8.4 and $500 fine and $750 fine After hours sale 2 day suspension 4 day suspension 12 day suspension Revocation Section 71.9.1 and $250 fine and $500 fine and $750 fine Sunday sale 2 day suspension 4 day suspension 12 day suspension Revocation without license and $250 fine and $500 fine and $750 fine Section 71.9.2 After hours display $250 fine 2 day suspension 4 day suspension Revocation Section 71.9.3 and $500 fine and $750 fine Sale to Minor $150 fine * $400 fine $700 fine $1,000 fine and 5 Section 71.1 l .l .A day suspension Unaccompanied Minor $100 $300 fine $500 fine $1,000 fine and 5 Section 7l .l l .1.C day suspension Failure to prevent on-sale liquor from $50 fine $100 fine $150 fine $150 fine leaving premises Section 71.1 1.4 Violation of Outdoor liquor 2 day suspension 4 day suspension Revocation permit $250 fine and $500 fine and $750 fine Sections 71.1 1.5 and 71.11.6 Sale to intoxicated person $300 fine $600 fine $1,000 fine acid 5 Minn.Stat. $150 fine day suspension 340A.502 Commission of a felony related to a liquor license, or the sale of liquor while the license is suspended shall result in revocation. Suspensions: Suspensions shall automatically take effect the first consecutive regular business days following the appeal period or following the appeal to the City Council in which no catered events have been scheduled. Days in which the licensed premises are not open for business shall not be credited toward the suspension period. The licensed premises shall be required to provide proof of the scheduled catered events to the City Administrator/Clerk in order to exempt a specific date from the automatic suspension.