HomeMy WebLinkAboutPACKET Town Board Study Session 2014-03-25
Tuesday, March 25, 2014
TOWN BOARD 4:00 p.m. – 6:00 p.m.
STUDY SESSION Rooms 202/203
4:00 p.m. Trustee Comments & Questions.
4:05 p.m. Future Study Session Agenda Items.
(Board Discussion)
4:15 p.m. Proposed Code Amendments- Manufacturing of Craft Liquor.
(Director Chilcott)
4:30 p.m. Liquor Violation Policy.
(Town Clerk Williamson)
5:00 p.m. Break for Dinner
5:15 p.m. Seasonal Tour Business Discussion.
(Administrator Lancaster)
5:45 p.m. Status Report on Town Policy Revisions.
(Administrator Lancaster)
6:00p.m. Meeting Adjourn.
“Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 3:45 p.m.”
AGENDA
March 25, 2014
April 8, 2014
Senior Center / Museum Master Plan (Tentative)
May 13, 2014 – Board Training
Policy Governance
Briefing of Roles / Duties
June 10, 2014
Ethics, Liability & Best Practices
June 26, 2014 (Board Retreat)
Review Strategic Plan – Goals / Practices
November 11, 2014
Review Citizen’s Survey Results – Next Steps
Items to be Scheduled (Items are not in order of priority)
Commercially Zone Properties Discussion
Update on Community Center Feasibility Study
Review of the Accelerated Development and Design Process Used for Parking
Structure
Review Capital Investment Plan
Town’s Role in Events
Future Town Board Study Session Agenda Items
Town Clerk Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: March 21, 2014
RE: Review of Draft Liquor Violation Guidelines & Process
Objective:
To review proposed liquor violation guidelines with the Board and receive feedback on
potential additions, changes or clarifications to the guidelines and bring forward a final
document for Board approval at the April 8, 2014 meeting.
Present Situation:
At the March 11, 2014 study session the Board reviewed the draft guidelines prepared
by staff. The Board requested a few minor changes to the guidelines, including
additional details on the Restorative Justice process. Staff also removed the last
section of the code related to recovery of cost associated with a Show Cause Hearing.
Staff is bringing forward the final draft for the Board’s review with the intent to bring the
final document forward for adoption at the April 8, 2014 Town Board meeting. If staff
receives positive feedback on the final draft, the document would be sent to all liquor
licensees the week prior to the April 8, 2014 meeting..
Proposal: N/A
Advantages: N/A
Disadvantages: N/A
Action Recommended: Provide staff with direction on the draft guidelines.
Budget: None.
Sample Motion: N/A
Attachment
Draft Liquor Violation Guidelines for Compliance and Non-Compliance Check Violations
Liquor Violation Guidelines 1
Liquor Violation Sentencing Guidelines for Compliance and
Non-Compliance Check Violations
The purpose of these sentencing guidelines is to provide philosophical, non-binding
guidance concerning negotiating stipulated agreements with licensees for liquor
violations occurring within the Town of Estes Park. The actual penalty imposed is at the
discretion of the Local Licensing Authority, and may vary under the guidelines depending
upon the circumstances of each case and any mitigating factors.
Definitions:
“Level 1” means violations including, but not limited to Procurement of Liquor from a
Prohibited Source; Failure to Meet Food Requirement; Failure to Report Change of
Manager, Trade Name, Entity Structure, or Modification of Premises.
“Level 2” means violations including, but not limited to Gambling; or Refusal to Allow
Inspection.
“Level 3” means violations pertaining to Regulation 47-900 Conduct of Establishment; or
Unlawful Ownership.
“Local Licensing Authority (Authority)” means the Town of Estes Park Board of Trustees
sitting in its capacity as the Local Licensing Authority. If the Board chooses to appoint a
separate Authority, this section would apply directly to that Authority.
“Licensee” means the person or entity holding an alcohol beverage license of any class,
or the person or entity holding an alcohol beverage permit of any type.
“Town” means the Town of Estes Park, Colorado.
Investigation of Cause for Suspension and Revocation of Licenses
An investigation may be commenced upon motion of the Authority, request of the Police
Department, or upon the Town Clerk’s own initiative. If the investigation shows
reasonable suspicion to believe that grounds for suspension or revocation exist, Show
Cause Hearing proceedings may be initiated.
Pre-Hearing Negotiated Stipulation
For liquor law violations, the Town Clerk, in conjunction with the Chief of Police and/or
the Town Attorney, is authorized to conduct a pre-hearing negotiation meeting. After
considering results of the initial investigation and considering any mitigating or
aggravating factors, the Town Clerk may offer a stipulated agreement to the licensee.
An offer of stipulation is intended to be a lesser penalty than the Local Licensing
Authority would reasonably be expected to impose after a hearing. A stipulated
agreement is not required to be offered, and both the Town Clerk and Chief of Police
reserve the right, at their discretion, to move directly to a Show Cause Hearing. If the
licensee agrees to a stipulation agreement, the agreement will be presented to the Local
Licensing Authority for final action. If a stipulated agreement includes days of
suspension, the time shall be served consecutively and immediately upon approval of
the stipulated agreement.
The range of the Town Clerk’s discretion is specified in this section and includes
providing the owner of the establishment with the option of participating in the
Liquor Violation Guidelines 2
Restorative Justice process in lieu of fulfilling the terms and conditions of the stipulation
agreement. Additionally, the employee involved in the violation may choose the
Restorative Justice option over facing criminal charges in district court. When the
Restorative Justice option is chosen the case will be referred to the Estes Valley
Restorative Justice Partnership (EVRJP).
Penalty Guidelines
Penalties for violation of any provisions of this Chapter, the Colorado Liquor Code,
Colorado Beer Code, or Colorado Special Events Code shall be as provided in the
guidelines below. Nothing in the following guidelines is meant to restrict the Local
Licensing Authority from issuing a lesser penalty, a higher penalty, or additional
penalties as allowed by this Code or state law, up to and including suspension or
revocation of a liquor license.
For any offense involving Sale to a Minor or Service of a Visibly Intoxicated Person, the
Authority requires, as a condition of holding any days of suspension in abeyance, that
the licensee present timely proof of approved alcohol server training of each employee
of the establishment who sells or serves alcohol or malt beverages.
When the penalty is a result of a violation that occurred during a compliance check, the
guidelines in the Code of Regulations, 1 C.C.R. 203-2, Regulation 47-604 shall apply.
The penalties described below reflect this Regulation, and may also be applied to a
similar violation that occurs outside of a compliance check.
GUIDELINES FOR SALE AND SERVICE ALCOHOL VIOLATIONS
Violation(s):
Sale to a Minor
Sale To Visibly
Intoxicated Person
Sale or Service by
Underage Employee Penalty Range
Payment of
fine permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 15 day
suspension
Yes 0 to 15 days
served with
15 to 0 days
held in
abeyance for
one year
If the employee making the
sale has completed a state-
approved server training, a
written warning is
recommended in compliance
with Regulation 47-604(A)(2).
Adopt recommended
practices.
Second offense
within one year
Up to 30 day
suspension or RJ
Option
Yes, if fine was
not paid or
suspension
served for first
offense and if
there are no
other offenses
within the past
two years (12-
47-601(3)(a)(III)
10 to 20 days
served with
20 to 10 days
held in
abeyance for
up to 18
months
Any time held in abeyance
from a prior penalty must be
served. May not pay fine in
lieu of this portion of the
suspension.
Liquor Violation Guidelines 3
Third offense within
one year
Up to 45 days
suspension, RJ
Option, or
revocation
No 30 to 45 days
served
Time held in abeyance not
allowed. Time held in
abeyance from prior
offense(s) must be served.
May not pay a fine in lieu of
suspension.
Second offense
within two years
Up to 21 day
suspension or RJ
option
Yes, if fine was
not previously
paid
14 to 21 days
served with 7
to 0 days held
in abeyance
for one year.
If a second offense occurs
within one (1) year of the first
offense, any days held in
abeyance from the first
offense will be imposed in
addition to separate sanctions
for the second offense. May
not pay a fine in lieu of
suspension.
Third Offense within
two or three years
Up to 30 days
suspension, RJ
Option, or
revocation
No 20 to 30 days
served with
10 to 0 days
held in
abeyance for
one year
If a third offense occurs within
one year of an earlier offense,
any days held in abeyance
from the earlier offense(s) will
be imposed in addition to
separate sanctions for the
third offense. May not pay a
fine in lieu of suspension.
* Recommended Practices
1. Create and maintain a written sales policy – establishments should have a
written policy identifying steps that staff must take for every transaction.
2. Train staff and management on the alcohol sales policy – all staff should be
fully trained before being permitted to sell alcohol.
3. Provide tools for employees – provide appropriate tools (i.e. as ID Checking
Guides, electronic ID scanners, programmable cash registers) to help staff sell
responsibly.
4. Monitor staff conduct – monitor staff performance as a quality control strategy.
5. Keep records – in order to demonstrate company practices, document training,
compliance checks, disciplinary actions; keep an unusual occurrence log; and
appoint a high-level employee to oversee compliance with laws and company
policy.
When considering mitigating and aggravating factors, the Authority and/or Town Clerk,
Chief of Police, and Town Attorney shall consider:
Action taken by the licensee to prevent violations, i.e. server training.
Licensee’s past history of success or failure with compliance checks.
Any corrective action taken by the licensee.
Any corrective action taken for prior violations and the effectiveness of the
corrective action.
Willfulness or deliberateness of the violation.
Likelihood of recurrence of the violation.
Factors which might make the situation unique, such as:
o Prior notification that the compliance check would be forthcoming.
o The dress or appearance of the underage operative, i.e. the operative
was wearing a high school letter jacket.
Liquor Violation Guidelines 4
o Licensee or Registered Manager is the violator or directed an employee
or other individual to violate the law.
GUIDELINES FOR LEVEL 1 – LEVEL 3 ADMINISTRATIVE VIOLATIONS
Level 1 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 10 days
suspension
Yes 3 to 7 days
served plus 7
to 3 days held
in abeyance
for one year
Second offense
within one year
15 days
suspension
Yes, if fine was
not paid or
suspension
served for first
offense
5 to 10 days
served with
10 to 5 days
held in
abeyance for
one year
Any time held in abeyance
from a prior penalty must
be served. May not pay
fine in lieu of this portion of
the suspension.
Level 2 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 20 day
suspension
(Aggravated: 25
day suspension)
Yes 7 days served
with 13 held in
abeyance for
one year
(Aggravated:
8 days served
with 17 days
held in
abeyance)
Second offense within
one year
Hearing is set
for revocation of
license
Level 3 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense 30 days
suspension (If
first offense is
serious enough
a hearing is set
for revocation of
license)
No 10 days
served with
20 days held
in abeyance
for one year
Liquor Violation Guidelines 5
Second offense within
one year
Hearing is set
for revocation of
license
Consideration of Payment of Fine in Lieu of Suspension
The Local Licensing Authority agrees to accept and adopt the optional procedures
described in C. R. S. §12-47-601(3) through (6). This shall apply to any licensee who
violates or whose employees violate any terms of this Chapter or of Title 12, Articles 46,
47, and 48, or the rules and regulations related thereto.
A fine in lieu of suspension may be considered for suspensions of fourteen days or less.
In considering the licensee’s petition to pay a fine in lieu of suspension, the Authority
shall use the criteria set forth in C. R. S. §12-47-601(3)(a)(I) through (III), which provide
that a fine in lieu of suspension may be considered when the authority is satisfied that
the following conditions obtain:
(I) That the public welfare and morals would not be impaired by permitting the licensee
to operate during the period set for suspension and that the payment of the fine will
achieve the desired disciplinary purposes;
(II) That the books and records of the licensee are kept in such a manner that the loss of
sales of alcohol beverages that the licensee would have suffered had the suspension
gone into effect can be determined with reasonable accuracy therefrom; and
(III) That the licensee has not had his or her license or permit suspended or revoked, nor
had any suspension stayed by payment of a fine, during the two years immediately
preceding the date of the motion or complaint which has resulted in a final decision to
suspend the license or permit.
The fine shall be determined in accordance with C. R. S. §12-47-601(3) (b) and (c),
which provide as follows:
(I) The fine accepted shall be the equivalent to twenty percent of the licensee's
estimated gross revenues from sales of alcohol beverages during the period of the
proposed suspension; except that the fine shall be not less than two hundred dollars nor
more than five thousand dollars.
(II) Payment of any fine pursuant to the provisions of this subsection shall be in
the form of cash or in the form of a certified check or cashier's check made payable to
the licensing authority i.e. Town of Estes Park.
The Town Clerk is authorized to recommend payment of a fine in lieu of suspension that
meets the criteria set forth as part of a stipulated agreement.
Consideration of Restorative Justice in Lieu of Suspension
For each liquor license violation case referred to the Estes Valley Restorative Justice
Partnership, a process of identifying and repairing harm would be followed. The EVRJP
process allows for consequences to match the specific details and circumstances of
each case as opposed to the same penalty being imposed for all incidences. It also
allows the community a voice by inviting community members to be a part of the
process.
Liquor Violation Guidelines 6
When the Restorative Justice option is chosen, the owner of the establishment and/or
the employee involved in the violation would be contacted by EVRJP staff to both learn
about the Restorative Justice process and to review the facts of the case. Facilitators
and community members would be selected to participate in a Community Group
Conference Circle in order to develop a unique contract to be fulfilled by the offender(s)
in lieu of a suspension and/or fine as agreed upon in the stipulation agreement. The
contract would run for a defined period of time, generally three to six months, and
contain up to five contract items that must be completed. These items will be specific,
measureable, achievable, relevant, and timely. The contract will be monitored by
EVRJP staff for completion within the amount of time specified. If the offender(s) fail to
complete the contract, or a second offense has occurred, the owner of the establishment
would be obligated to pay the fine and/or serve the suspension defined by the stipulation
agreement. The employee involved in the violation would be referred back to court, as
he/she would be facing criminal charges.
TOWN POLICY INVENTORY3/25/2014KEYC ‐ CompleteF ‐ reformatting onlyRF ‐ needing review and reformatingI ‐ currently in reviewN ‐no existing policy; need identifiedB ‐Trustee level policy ‐ requires Board approvalS ‐ Staff level policy ‐ no Board approval requiredD ‐ in draftPriority POLICYSTATUS APPROVAL RESPONIBILITY0Compensation policyC B ADM SER0Board committeesC B ADM0Policy Governance - GovernanceC B ADM0Policy Governance - Staff/Board LinkagesC B ADM0Policy Governance - Staff LimitationsC B ADM0Board procedural policy (toolboxes)C B ADM0Ipad loan and useage policyCS CD0Seasonal Hiring PolicyC S ADM SER0Employee Housing Assignment PolicyC S ADM SER0Social Media PolicyC S ADM0Closure of Town FacilitiesC S ADM1Community Development fee waiversF B ADM1Capital Improvement Plan PolicyI B FIN1Employee Recruitment and hiringI S ADM SER1CoffeeBreaksI S ADM SER1EducationAssistanceI S ADM SER1DrugandAlcoholPolicyI S ADM SER1EmployeeRecruitment(Hiring)I S ADM SER1MaternityLeavePolicyI S ADM SER1PayrollPolicyI S ADM SER1Discipline process and reviewI S ADM SER1TemporaryEmployeeI S ADM SER1Fitness/AthleticClubGroupMembershipsI S ADM SER1CommercialDriverLicensesI S ADM SER1DriverEvaluationPolicyI S ADM SER1MotorVehicleRecordReviewPolicyI S ADM SER1Criteria for community service grantN B ADM1What is the towns role in economic development (needs to be compN B ADM
1Town Contingency FundN B ADM1Format and Process for Board Submittals (SOPPADA)N S ADM1Contract approvalsN S FIN1Cash controlsN S FIN1Policy DevelopmentN S ADM/ADM SER1Incentive Leave PolicyRF S ADM SER1Duty Person/ On CallRF S1Civil Rights PolicyRF S1Ilegal Imigrant policyRF S2HIPPAD ADM SER2Utility transfer policyI B ADM2Events policyIB CS2Art donations and art in public places and memorials and naming of IB PW2Evaluation criteria for town attorney and municipal judgeN B ADM2purchase of AlcoholN B FIN2Customer serviceN S ADM2Cost allocationN S FIN2Equipment Replacement planN S FIN2IT security and non-disclosureNS IT2Scope of Public InformationN S ADM2CommitteeAgendaandPacketOBSOLETE S ADM2CommitteeAgendasOBSOLETE S ADM2BudgetFinanceOfficerResponsibleOBSOLETE S FIN2Investment PolicyRF B FIN2BudgetRF B FIN2MotorVehicleAccidentReportingRF S ADM SER2Travel PolicyRF S FIN2DepartmentCreditCardsRF S FIN2PurchasingPolicyRF S FIN3town owned real property - acquisition, retention and disposalD RFBADM3Volunteer policyF B ADM3Trustee duties description and mayors job descriptionF B ADM3Reimbursement and Support of Board of Trustees and MayorF B ADM3Community Development Fee WaiverFB CD3Visitor Center Retail Sales and DisplaysFB CS3Disadvantage Business Enterprise Program/PolicyFB PW3Cellular PhonesF S ADM3Personnel Policy ManualISADM/ADM SER3Home ownership programI B ADM SER3Printing Bids (include in purchasing policy)I S FIN3Logo Use policyN B ADM
3Employee parkingN S ADM3Facilities Use and SecurityNS PW3Continutity of Operations PlanN S POLICE/ ADM3Business permits and licenses (maybe in fee waiver policy)N S ADM SER3Take home vehicle policyNS PW3Safety and Risk ManagementN S ADM SER3Establishment ofAudit CommitteeOBSOLETE B ADM3Policy DirectivesOBSOLETE S ADM3Safety Officer DesignationOBSOLETE S ADM SER3Safety Glasses-ReimbursableCosts (include as subsection in riskmanagement/safety policy)- Personal Protection equipmentOBSOLETE S FIN3Electronic Media Access Policy (combine with internet policy)OBSOLETE S IT3Side walk Inspections (include in risk management policy)OBSOLETE S ADM SER3MinivanUsageOBSOLETE S PW3StaffCarOBSOLETE S PW3Useof TownFacilities(roomusage) combine with facilities use policyOBSOLETE S PW3Job Required Equipment for Lineman (replace Personal protectiveequipment section in Risk Management/safety policy)OBSOLETE S UTIL3FaxMachineOBSOLETE S31989CapitalPurchasesOBSOLETE S3StaffMeetingsOBSOLETE S3TownRadioInstallationOBSOLETE S3Committee Information - several policies in this sectionOBSOLETE S ?3IncompleteTownBoardLandUseAgendaItemsOBSOLETE S CD3Annual Leave for Y2KOBSOLETE3Employee Flu ShotsOBSOLETE3Flex timeOBSOLETE3WaterBilling-ClaimsforwaterQualityandPropertyDarR B UTIL3local preference purchasingRF B FIN3Right of Way policyRF B PW3Internal Department policiesRF S ADM3Use of Town facilities and equipment.RF S ADM3No Smoking PolicyRF S ADM3Open Records policyRF S ADM SER3Achievement AwardsRF S ADM SER3Town Bulletin Boards within Town BuildingsRF S ADM3Email and Internet policyRF S IT3Employee Use of Town-Owned SoftwareRF S IT
3VehiclesRF S PW3Miscellaneous administrative directives/policiesRF S ADM3Farmer's Market PolicyRF S Com Ser3Volunteer Fireman Eligibility - (and call out)RF S