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Home My WebLink About[10a] Alcohol Matrix Council Agenda Item 10a MEETING DATE: August 7, 2017 AGENDA ITEM: Administrator Reports SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: In September 2003 the City Council adopted an alcohol matrix for the various infractions identified in the Liquor Ordinances. The City Council requested staff research how other communities manage alcohol violations. BACKGROUND INFORMATION: City Staff contacted the area cities and some communities that have impacts from Colleges/Universities. As can be seen from the attachment, no other community has a matrix that is as complex as St. Joseph. Additionally, St. Joseph has the lowest fine for violations. In looking at the past three years for alcohol compliance checks the following is the summary of liquor violations: 2015 Sale to Minor: American Legion 2016 Sale to Minor: Bo Diddley La Playette Sal’s 2017 Sale to Minor: American Legion Bello Cucina La PLayette Middy ATTACHMENTS: Existing Alcohol Matrix Summary of Area Cities violation matrix REQUESTED COUNCIL ACTION: Discussion and provide direction to staff LIQUOR LICENSE VIOLATIONS MATRIX Adopted September 4, 2003 Three No aggravating One aggravating Two aggravating aggravating Violation factors factor factors 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 71.11.1.A day suspension Unaccompanied Minor $100 $300 fine $500 fine $1,000 fine and 5 Section 71.11.1.C day suspension Failure to prevent on-sale liquor from $50 fine $100 fine $150 fine $150 fine leaving premises Section 71.11.4 Violation of Outdoor liquor 2 day suspension 4 day suspension Revocation permit $250 fine and $500 fine and $750 fine Sections 71.11.5 and 71.11.6 Sale to intoxicated person $300 fine $600 fine $1,000 fine and 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. Aggravating factors: The following shall each constitute one aggravating factor for the purpose of the liquor license violations matrix: One of the following violations concurrent with the present violation, or within the 12 months preceding the present violation: - A refusal to allow inspection - A violation for nudity/lewd acts - After hours sale - Sunday sale without license - After hours display - Violation of club license - Violation of Outdoor liquor permit Two of the following violations, in any combination, concurrent with the present violation or within the 12 months preceding the present violation: - Sale to Minor* - Unaccompanied Minor - Failure to prevent on-sale liquor from leaving premises - Sale to intoxicated person *If multiple citations/ICRs result from a single bar check, this matter shall be treated as a single violation if there are two or less citations/ICRs issued, two violations if 3 to 5 citations/ICRs are issued, or three violations if 6 to 10 citations/ICRs are issued. If more than 10 citations/ICRs result from a single bar check, the matter shall be brought before the City Council for consideration of a penalty. Evidentiary Hearing: The liquor license holder shall have the right to request an evidentiary hearing to contest an alleged violation. The request for hearing must be received by the City Administrator within 7 days of the alleged violation and the request must include a $ 500.00 deposit. In the event the evidentiary hearing finds in favor of the liquor license holder, the $ 500.00 deposit will be returned. AREA CITIES LIQUOR VIOLATIONS CITYVIOLATIONDURATIONFINEADDITIONAL PENALTIES St. Cloud 1st Violation$ 750.00 2nd Violationw/in 24 month time period$ 1,500.00 3rd Violationw/in 24 month time period$ -suspension or revocation of license *If license is revoked, establishment may be eligible for a provisional liquor license \[12 month period\]. Establishment to provide mitigation plan. Waite Park 1st Violation$ 500.00 2nd Violationw/in 12 months$ 1,000.00 3rd Violationw/in 24 months$ -15 day suspension plus costs incurred Underage Consumption$ 100.00 Underage Consumption 2nd Violationw/in 12 months$ 150.00 Underage Consumption 3rd violationw/in 12 months$ -warrant criminal charges Sartell 1st Violation$ 250.00up to a one day suspension 2nd Violationw/in 3 years$ 500.00up to a one day suspension 3rd Violationw/in 3 years$ 1,000.00up to a one day suspension 4th Violationw/in 3 years$ 1,000.00at least a three day suspension 5th Violationw/in 3 years$ 1,000.00at least a 10 day suspension 6th Violationw/in 3 years$ 1,000.00license revoked Northfield 1st Violation$ 250.00verification of retraining of employees 2nd Violation$ 500.003 day suspension of license & require retraining 3rd Violationw/in 3 years of 1st offense$ 2,000.0018 day suspension of license 4th Violationw/in 5 years of 1st offense$ -license revoked Sauk Rapids Underage Consumption$ 750.00 Oakdale 1st Violation$ 500.00 2nd Violationw/in 24 months$ 1,000.00 3rd Violationw/in 24 months$ 2,000.001 day suspension 4th Violatoinw/in 24 months$ 2,000.0010 day suspension 5th Violationw/in 24 months$ -license revoked