HomeMy WebLinkAboutMemo - Mail Packet - 11/21/2023 - Memorandum From Aimee Jensen Re: Upcoming City Code Revisions To Chapter 3 (Alcohol Beverages) And Chapter 17 (Miscellaneous Offenses)City Clerk
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MEMORANDUM
TO: Mayor and City Councilmembers
FROM: Aimee Jensen, Regulatory Licensing Specialist
THRU: Kelly DiMartino, City Manager
DATE: November 15, 2023
RE: Upcoming City Code revisions to Chapter 3 (Alcohol Beverages) and Chapter 17
(Miscellaneous Offenses)
Introduction:
The purpose of this memorandum is to inform Council of the upcoming proposed changes and
reasons for these proposed changes to Chapter 3 (Alcohol Beverages) and Chapter 17
(Miscellaneous Offenses).
Bottom Line:
After a comprehensive review of the City’s Code with respect to liquor licensing, staff has
identified several general housekeeping or ministerial-type changes to Chapters 3 and 17 that will
provide clarity and align with State laws and regulations.
On November 8, 2022, voters approved a ballot measure that allowed the sale of wine products to
be sold in addition to fermented malt beverages at off-premises retail liquor licensees (grocery and
convenience stores). House Bill 23-1061 renamed art gallery permit to a retail establishment
permit where qualifying retail establishments (including art galleries) may serve alcohol
gratuitously to their customers. Staff recommends that alcohol-related criminal offenses be added
to City Code, including the prohibition of using fake identification, the sale of alcohol to minors
and the misrepresentation of age to purchase alcohol. City staff is also recommending the removal
of certain administrative application fees from City Code as they are frequently modified by the
state enforcement division.
Background:
On January 1, 2019, full-strength beer replaced “3.2% beer” in grocery and convenience stores.
Last November’s successful ballot measure, Proposition 125, allowed those types of stores to now
sell wine as well as full-strength beer.
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November 15, 2023
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Alcohol service has become a regular occurrence by unlicensed and unpermitted businesses, such
as beauty salons, gyms, nail salons, furniture stores, etc. In response to this proliferation of illegal
service, this last legislative session House Bill 23-1061 changed the art gallery permit to allow
certain qualifying retail establishments to serve complimentary alcohol beverages for a limited
number of days a year. These City Code changes will reflect this legislative change and allow
qualifying retail establishments to obtain this type of liquor license permit.
Administrative application fees were historically included in Chapter 3 of the City Code because
City Council was the local licensing authority until 1973, after which a separate board was created
by City Council. In 2000, City Council designated the Municipal Judge as the local licensing
authority, however City Code was not modified to enable the new authority to set the
administrative application fees. Staff is recommending that the liquor licensing administrative fees
be removed from City Code to align with how cannabis fees are handled, administratively by staff
with the review by the City Manager. This change will allow staff to quickly adjust fees as costs
associated with administering liquor licensing increase and to respond quicker to modifications in
State laws and regulations.
Throughout the years, liquor licensees have expressed concern that they bear the brunt of the liquor
law violations due to their employees’ service of underage patrons, even though they have ensured
that their employees have received appropriate training. Additionally, City staff has seen an
increase in crimes related to the use of fake identification to obtain alcohol or for entry into liquor
licensed establishment. However, the individuals committing these crimes are not sufficiently held
accountable resulting in high rates of recidivism. In response to these concerns, City staff is
recommending that these criminal offenses are written into City Code to encourage compl iance
and discourage others from violating these liquor related offenses.
Next Steps
Council will consider changes to Chapter 3 and 17 on first reading during the December 5, 2023,
Council meeting.
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