Item Coversheet



Staff:
Agenda:
Wes Blair, Chief of Police
1/5/2015

AGENDA REPORT
Cape Girardeau City Council

14-282



SUBJECT
Amending the City Code relating to alcoholic beverages to include a new Section prohibiting underage individuals from entering the premises of an establishment that sells intoxicating liquor. Staff further recommends mandatory server training with proof of certification being maintained at the licensee's premises, and restricting selling drinks for less than cost.

EXECUTIVE SUMMARY

Staff recommends amending the current liquor ordinance to include restricting minors under the age of 21 from entering establishments that serve alcohol. Restaurants whose primary purpose for being in business is the sale of food, and has more than 50% of its sales from food prepared on the premises are exempted from this requirment. Golf courses, bowling alleys, sports complexes and publically owned community centers are also exempt. Additionally, establishments will be restricted from offering intoxicating liquor or beer at less than the cost to the license holder, or an unlimited number of drinks containing beer. Establishments will also be restricted from offering intoxicating liquor or beer during a set period of time for a fixed price. The licensed premises shall not sponsor or allow any game or contest which involves drinking, or awarding any drinks containing beer or intoxicating liquor as a prize. Lastly, individuals participating directly in the sale of intoxicating liquors or beer must undergo mandatory server training at least once every two years, and maintain proof of certification at the licensee's premises.

BACKGROUND/DISCUSSION
Through compliance checks and other enforcement efforts, the police department has seen a rise in underage drinking at some establishments that allow patrons under the age of 21 to enter into their premises. It is often difficult to discern if a minor is consuming alcohol during enforcement efforts when underage patrons are allowed to intermingle with patrons over the age of 21. Frequently, underage drinkers will have their drinks purchased by an adult to circumvent the systems put into place by establishments to prohibit underage drinking. Prohibiting minors from entering these establishments will make enforcement efforts more effective, and it will aid in limiting the liability of licensees who now unknowingly provide alcohol to a minor who is using an adult as an intermediary to unlawfully purchase intoxicating liquors. Currently, the police department strongly encourages licensees to require their servers to attend, either in person or online, a server training course. This training is an alcohol awareness program that facilitates the server's ability to recognize when minors are attempting to purchase intoxicating liquors, and it provides them with verifiable plans of action to combat underage drinking. Staff recommends this training be made mandatory, with the requirement that licensees maintain proof of the training on site.

ATTACHMENTS:
Name:Description:
Liquor_Revision_5-12__5-48__5-49_Minors.docOrdinance Regarding Alcoholic Beverages Ch 5