ORDINANCE 2002- 92

CITY OF GRANT

WASHINGTON COUNTY, MINNESOTA

AN ORDINANCE ESTABLISHING AND IMPLEMENTING ADMINISTRATIVE PENALTIES INVOLVING INSPECTION AND COMPLIANCE CHECKS RELATING TO THE SALE OF ALCOHOL TO PERSONS UNDER THE AGE OF 21 YEARS IN ADDITION TO OR SEPARATE FROM CRIMINAL PROSECUTION.

 The City Council of the City of Grant, Washington County, Minnesota, ordains as
follows:

 A new ordinance providing for administrative penalties involving the inspection and compliance checks for the sale of alcohol to persons under the age of 21 years of age is necessary in order to enforce prohibitions against the Sale of alcohol to underage persons pursuant to the authority of Minnesota Statutes § 340A.509 is necessary and the following Ordinance and its provisions is adopted which shall be referred to as the "Alcohol Licensing Enforcement Ordinance":

ALCOHOL LICENSING ENFORCEMENT ORDINANCE
Table of Contents
 

Section 1 Purpose and Scope 3
  1.1 Purpose 3
  1.2 Scope 3

Section 2 Definitions and Interpretations 3

Section 3 Responsibilities of Licensees 4

Section 4 Offenses involving underage persons 4
  4.1 Consumption 4
  4.2 Purchasing 4
  4.3 Entering license premises 4
  4.4 Proof of Age 4

Section 5 Inspection and Compliance Checks 5
  5.1 Inspections 5
  5.2 Compliance Checks 5

Section 6 Enforcement and Penalties 5
  6.1 Enforcement  5
  6.2 Criminal Prosecution 5
  6.3 Administrative Penalties 5
  6.3.1 First Violation 6
  6.3.2 Second Violation 6
  6.3.3 Third Violation 6
  6.3.4 Fourth Violation 6
  6.3.5 Fifth Violation 6
  6.4 Administrative Penalty Ordinance 6
  6.5 Appeal Process 6

Section 7 Alcohol Awareness Training 6
  Alcohol Awareness Checklist 6

Section 8 Severability and Savings Clause 6

Section 9 Effective Date 7

Section 10 State Law Adopted 7
 Section 1          Purpose and Scope

1.1 Purpose.  The City of Grant as a license issuing authority under Minn. Stat. Chap. § 340A recognizes many persons under the age of twenty-one (21) attempt to purchase or otherwise obtain, posses and use alcohol.  In order to more strictly enforce the prohibitions against the sale of alcohol to underage persons, the City of Grant, pursuant to the authority contained in Minn. Stat. § 340A.509 enacts this Ordinance imposing civil penalties on Licensees and establishing license suspension and revocation procedures for violations of the prohibitions contained in this Ordinance.  The prohibitions created and sanctions imposed by this Ordinance are not exclusive and are in addition to any other sanctions available to the City under any other statute, rule or Ordinance.

1.2 Scope.  This Ordinance applies to any establishment licensed by the City of Grant under the authority contained in Minn. Stat. Chap. § 340A.
 

Section 2          Definitions and Interpretation

 For purposes of this Ordinance, the following terms have the meanings given them.

2.1 Alcoholic Beverage.  "Alcoholic beverage" is any beverage containing more than one-half of one percent alcohol by volume, including but no limited to intoxicating liquor, malt liquor, 3.2% malt liquor, wine, table or sparkling wine as those terms are defined in Minn. Stat. § 340A.101.

2.2 Minor.  A "minor" is a person under the age of eighteen (18) years.

2.3 Retail.  "Retail" is sale for consumption.

2.4 Licensed Premises.  "Licensed premises" is the premises described in the approved license application, subject to the provision of Minn. Stat. § 340A.410. Subd. 7, as amended.  In the case of a restaurant, club or exclusive liquor store licensed for on-sale of alcohol located on a golf course, "licensed premises" means the entire golf course except for areas motor vehicles are regularly parked or operated.

2.5 Licensee.  "Licensee" is any person, individual, firm, corporation, partnership, association, limited liability company, government agency, club or organization of any kind licensed by the City of Grant under the authority contained in Minn. Stat. Chap § 340A.

2.6 Licensed Establishment.  "Licensed establishment" is any place of business where Alcoholic Beverages are available for sale to the general public.  Licensed establishments shall include, but not be limited to bars, restaurants and clubs.

2.7 Licensing Authority.  "Licensing Authority" means the City of Grant, Washington County, Minnesota.
2.8 Sale.  "Sale" means any transfer for money, trade, barter or other consideration.

2.9 Underage Person.  "Underage person" means a person under the age of twenty-one (21) years.

2.10 City of Grant Administrative Ordinance.  "City of Grant Administrative Ordinance" means City of Grant Administrative Ordinance No. 1996-70.
 

Section 3          Responsibility of Licensees

3.1 Responsibility of Licensee.  Every Licensee is responsible for the conduct in the Licensed Establishment and any Sale of Alcoholic Beverage by any employee authorized to sell Alcoholic Beverages in the establishment is the act of the Licensee.
 

Section 4          Offenses involving Underage Persons

4.1 Consumption.  It is unlawful for any Licensee to permit any person less than 21 years of age to consume Alcoholic Beverages on the Licensed Premises.

4.2 Sale.  It is unlawful for any Licensee:

(1) To sell, barter, furnish or give Alcoholic Beverages to a person less than 21 years of age.

4.3 Entering License Establishment.  No person less than 21 years of age may enter a Licensed Establishment except persons 18, 19 or 20 years old may enter a Licensed Establishment to:

 (1)  Perform work for the establishment, including the serving of Alcoholic Beverages, unless otherwise prohibited by Minn. Stat. § 340A.12, Subd. 10;

(2)  Consume meals; and

(3)  Attend social functions that are held in a portion of the establishment where liquor is not sold.

4.4 Proof of Age.  Proof of age for purchasing or consuming Alcoholic Beverages may be established only by a valid driver's license or state identification card, a valid military identification card issued by the United States Department of Defense or, in the case of a foreign national, by a valid passport.
 

Section 5          Inspection and Compliance Checks

To ensure that alcohol is not sold to Underage Persons, law enforcement officers or other designated employees or independent contractors of the City shall periodically perform inspections and compliance checks.  Additional inspections and compliance checks may be performed as a result of failed inspections or failed compliance checks.

5.1 Inspections.  All Licensed Premises shall be open to inspection by any law enforcement officer, or other designated officer, employee or contractor of the City, at any time there are persons within the Licensed Premises.  The Licensing Authority shall from time to time perform compliance checks to determine if retailers are in compliance with Minnesota Statute and local ordinance.

5.2 Compliance Checks.  The Licensing Authority shall conduct compliance checks by using Underage Persons over the age of 16 years to enter the licensed premise to attempt to purchase alcohol.  Minors may be used for compliance checks, with the written consent of the Minor's parent or guardian.  Designated law enforcement personnel shall supervise underage Persons used for compliance checks.  Underage Persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of alcohol when such alcohol is obtained or attempted to be obtained as part of the compliance check.  No Underage Person used in the compliance check shall attempt to use a false identification misrepresenting the Underage Person's age and all Underage Persons lawfully engaged in a compliance check shall answer all questions about the Underage Person's age asked by the Licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked.  Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law.

Section 6          Enforcement and Penalties

6.1 Enforcement.  Violations of the prescriptions established in this Ordinance may be enforced through criminal and/or civil sanctions.  The Administrative penalty provisions of this Ordinance shall be enforced pursuant to the City of Grant Administrative Penalty Ordinance 1996-70.

6.2 Criminal Prosecution.  Violation of this Ordinance is a misdemeanor.  In addition, nothing in this Ordinance limits the City of Grant in seeking criminal prosecution under Minnesota Statutes for violations of other statutes, rules or ordinances.

6.3 Administrative Penalties.  The Licensing Authority or their designee may issue the following administrative penalties for violations of this Ordinance:

 6.3.1  First violation.  Any Licensee found to have violated this Ordinance shall be charged an administrative penalty of Five Hundred Dollars ($500); the sum of Two Hundred Fifty Dollars ($250) will be waived if all employees attend Alcohol Awareness Training within three (3) months of the violation.

6.3.2  Second violation.  Any Licensee found to have violated this Ordinance two (2) times within a twelve (12) month period will be subject to a One Thousand Dollar ($1,000) administrative penalty.

6.3.3  Third violation.  Any Licensee found to have violated this Ordinance three (3) times within a twelve (12) month period will be subject to a Two Thousand Dollar ($2,000) administrative penalty.  In addition, a one (1) day suspension of the liquor license shall be imposed.

6.3.4  Fourth violation.  Any Licensee found to have violated this Ordinance four (4) times within a twelve (12) month period will be subject to a Two Thousand Dollar ($2,000) administrative penalty.  In addition, a ten (10) day suspension of the liquor license shall be imposed.

6.3.5  Fifth violation.  Any Licensee found to have violated this Ordinance five (5) times within a twelve (12) month period shall have their liquor license revoked.

6.4 The Licensee shall appeal the imposition of an administrative penalty pursuant to the City of Grant Administrative Ordinance No. 1996-70.

6.5 A Licensee may appeal a suspension or revocation of a License to the City Council of the City of Grant pursuant to Sections 14.57 to 14.69 of the Minnesota Administrative Procedures Act.  No suspension or revocation shall take effect until the time for appeal has run; or, if appeal is brought, until the City Council has rendered a decision.

Section 7          Alcohol Awareness Training

7.1 Alcohol Awareness Training.  License holders are encouraged to train all employees authorized to serve or sell Alcoholic Beverages on the Licensed Premises through an alcohol awareness program approved by the Licensing Agency or their designee.

7.2 Alcohol Awareness Checklist.  Every employee authorized to serve or sell Alcoholic Beverages is encouraged to use an Alcohol Awareness Checklist.  Alcohol Awareness Checklists are available through the Licensing Authority.

Section 8          Severability and Savings Clause

 If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve to invalidate or effect the validity or ability to enforce any other section or provision of this Ordinance.
Section 9          Effective Date

 This Ordinance shall become effective upon its passage and publication according to law.

Section 10          State law adopted

 Relevant provisions of Minnesota Statutes Chapter 340A are adopted by reference as if set out at length in this Ordinance.  In the event that the other provisions in this Ordinance are more stringent than the provisions of Minnesota Statutes Chapter 340A, such other provisions shall be controlling.

Upon roll call, voting AYE:  Mayor Thomas Carr, Councilpersons Vanzwol, Schwarze, Gagnon and Welander. .

Voting NAY:  None  .

 Whereupon said Ordinance was declared passed and adopted this 12th day of March, 2002.

      CITY OF GRANT
 
 

      By___/s/_______________________________
       Thomas Carr
       Its Mayor
 

ATTEST:
 
 

_/s/_____________________________
Barb Bartholdi, City Clerk
 

Published in the  White Bear Press this  27th day of March, 2002.
Published in the St Croix Valley Press this  day of March, 2002.