HomeMy WebLinkAbout13.F.2. Temporary 3.2 Percent Malt Liquor License-Shakopee Jaycees Inc.
/3. ~ L I
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Judith S. Cox, City Clerk
Temporary 3.2 Percent Malt Liquor License - Shakopee Jaycees Inc.
ATE: July 11, 2007
NTRODUCTION:
hakopee Jaycees Inc. has made application for a temporary on-sale 3.2 percent malt
1 quor license for Derby Days on August 3 and 4,2007.
e application and certificate of insurance are in order.
I ave been in contact with Captain Tate at the Police Department regarding the
a plication. He advised that the P. D. has no objections to the granting of the license, but
recommends that there be no beer sales after 11 :00 p.m., as in previous years.
V SIONING RELATIONSHIP:
G al A: Active and healthy community
St ategies: 5. Foster community connections and 7. Make community welcoming
COMMENDED ACTION:
M ve to approve the application and grant a temporary on-sale 3.2 percent malt liquor
lic nse to the Shakopee Jaycees, Inc., for the municipal parking lot at 2nd Avenue and
Le is Street, on August 3 and 4,2007, with sales to cease at 11 :00 p.m.
(Iiquo IJCTempBeerDerbyDays)
James A. Terwedo
Attorney and Counselor at Law
1 5 South Broadway Ph: (952) 492-2800
Site #100 Fax: (952) 492.2806
Jo dan, Minnesota 55352-1505 June 4, 2007 www.terwedolaw.com
Ma or John Schmitt
City of Shakopee
129 outh Holmes Street
Shak pee, MN 55379
Re: Derby Days-Shakopee Jaycees Beer Sales
Dear ayor and City Council Members,
It has een a long tradition for the City of Shakopee to have the Shakopee Jaycees play an
import nt role in the success of Derby Days. The organization has been 100% committed to the
plannin and operations of this event whether it be elements of family games to the total
operati n of the beer garden. At whatever level, the work of the Jaycees is of the highest
standar .
It has co e to my attention that the Shakopee Jaycees are requesting from the City of Shakopee
that the eer garden hours of operation be extended from 11 p.m. to Midnight. I endorse this
recomme dation whole heartily.
The Sha opee Jaycees have a superb reputation for professionalism and a high sense of
responsib ity when taking on projects. The City of Shakopee can feel comfortable that this extra
hour of se ice will be done in the highest standards.
The reven e that the ShakopeeJaycees will generate will be of great use in the many projects
that theyd in the community. As their la"\\')~er for over a dozen years, they have ahvaysacted
responsible in the many venues where beer was sold by them. I am confident they will do the
same if this request is granted by you. If you have any questions, please contact me.
As always, remam
JAT/sam
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DN TtA 6), (.
Tom Joyal
TiPS Trainer #38742
8731 Girard Ave S
Bloomington, MN 55420
June 7, 2007
Judy Cox
City Hall
Shakopee, MN 55379
Dear Judy:
I am writing to you at the request of Dana Listerud, President of the Shakopee Ja cees, regarding the
request to extend the Derby Days Beer Garden until 12:00 midnight.
I have been a certified TiPS Trainer for over 3 years and have successfully trai ed in excess of 200
participants in both the TiPS On-Site and TiPS Concessions. Specific to the Shak pee Jaycees, I have
trained 29 of their members in the TiPS Concessions program.
Upon passing the exam at the end of the training, each participant is certified fo 3 years, and at this
time, 24 of those 29 members remain certified. In addition, the Shakopee J ycees have another
certification course scheduled for July 28.
TiPS, Training for Intervention Procedures, is a product of Health Communication , Inc. (HCI), and it is
the global leader in education and training for the responsible service, sale, and consumption of
alcohol. Proven effective by third-party studies, TIPS is a skills-based training pr ram that is designed
to prevent intoxication, underage drinking, and drunk driving.
I have included three documents from HCI. The first is an overview of the TiPS rogram and lists the
various TiPS courses including the target audience. The second is a Program S lIabus. Although it is
specific to the On Premise course, the Concessions course uses the same s llabus, however the
material is geared toward the concessions vendor instead of an on-premise se er. The third is an
overview of the benefits of TiPS training.
In addition, during the training I present the participants with an overview of
pertain to the sale and consumption of alcohol. HCI has a staff which continuall monitors the laws of
all states and keeps our documentation up to date. I have included a copy of the state regulations
overview that I distribute to every participant. The current information was last erified on January 1,
2007.
Finally, if you have any further questions, feel free to contact me or go to www.ge ips.com The website
contains an enormous amount of information about the programs, with de ils on each course.
Additionally, you will find testimonies about how TiPS certification has decreased UI arrests and other
legal problems involving the sale and consumption of alcohol. Additionally, you n feel free to contact
me with any questions or if you would like to review the actual training material I u e.
~
Tom Joyal
TiPS Trainer #38742
(i'iJ - '6'21.\- 32 q '7
T PS (Training for
ntervention ProcedureS)
is a dynamic ski s
based training
program designed to
prevent intoxication,
drunk driving and
underage drinking. The
proqram enhances the
fundamenta "peop e
ski Slf of servers, se ers
and consumers of a coho.
T PS gives individua s the know edge and confidence they need
to recognize potentia a coho re ate prob ems and effective y
intervene to prevent a coho re ated ragedies.
T 1ere are two eve sofT PS
c 'rtification:trainer and
p rticipant.To become aT PS
t ainer, an individua rnust
5 ccessfu y cornp ete a two
day workshop. Certified trainers
a e qua ified to instruct a T PS
programs. Participants who
5 ccessfu y comp ete the two
I' our to five hour sessions are
-f PS certified for three years.
T PS is a practica ,cornmon sense ap roach
to serving, se ing and consuming a (oho
responsib y in any setting.T PS traini 19
he. ps peop e who are drinkinq from urting
themse Yes, injuring others, and dan aging
property.
How Alcohol Affects Your Guests
Explains how alcohol works, signs of intoxication, and factors that affect the
intoxication rate.
Effective Server Responses
Discusses the legal responsibilities of servers of aleo 01 and types of illegal sales.
Introduces strategies for responding to alcohol-relat d situations effectively.
Evaluating Cues
Participants apply information learned previously to etermine intoxication levels
for guests portrayed on video.
Evaluating Responses
Participants apply information learned previously to etermine the effectiveness
with which a server responds to an alcohol-related sit ation with a guest as
portrayed on video.
Participants demonstrate their ability to use the infor ation and skills learned
in the program by creating realistic alcohol-related situ tions for their peers to
handle. They receive immediate feedback on their effe tiveness from the trainer
and other participants.
As the final step in obtaining their TIPS certification, par icipants complete a
certification exam to show their comprehension of the i formation and skills
presented during the program.
For more information, contact our training
department at 800-438-8477 or inf @gettips.com.
011
,j
. . .
Businesses and organizatior~s that use TIPS ben fit immediately by
.M".
IO\Jvering risk and creating a safer! mor'€': f'esponsib e, work envirorunent"
Legal Protection Insur nee Benefits
c:> Many insurance cornpanies provide i
r;> In uor liability lawsu TIPS provides a
"reasonable defense." discourlts to establishments WhOS0'
employees ( re TIPS certified.
c> TIPS trainit19 satisfies requirerTlents in nearly
all states or voluntary c> TIPS trainine satisfles the server
ser\/er tra requirernenls set forth by insurance
cornpanl2s.
rnitiqatin9
in (o\i\jered fi.nes :
and a waiver of license suspensions.
Additional Benefits
c:, TIPS training !'esults in added professioflalism and in'iproved custorner s..rvice.
c::;> TiPS is proven to be a practical and effective method of reducing drunk 'I riving and
underage drinking.
c::> TIPS training rninirnizes property darnage caused by intoxicated patron_.
c> T!PS is u in all 50 statt"s cmd 30 different countries,
c"> TIPS-trai servers enhance an establishnH:'nt's public irna~Je.
I
f-c? TIPS training provides a COlTHllOn language for staff tC) use in assessing a ld handling alcohol~re!ated i
incident5, in their estab!ishrnents.
c;-> Tn)S offers excel.lent service to its u.Jstomers with a toll-free number, on-line services at
www,~Je'ttips.comi and full-time staff knovvledgeab\e in the COlltent oft e prograrn.
.
-C?_~~_~~~J_~_~~~J9]19_~~__________________________________~-------------------------------------------------______________________________
Merlot Law (taking wine home from a restaurant) : Minnesota law allows customers tp remove a partially consumed
i bottle of wine from a restaurant.
~fL~~~~c?~~6~~i6~~~::~::::::::::::::::::::::::::::::::::J}[i:::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::
!~g_~_~~J:~~r_____________________________________________J_1~____________________________________ _______________________________________
~S~~:(~:$~~~::::::::::::::::::::::::::::::::::::::::::::j~~::::::::::::::::::::::::::::::::::::_:::::::::::::::::::::::::::::::::::::::
DUI and DWI Limit :.08
is uT-ci n (j-owT-C imit-U n cJe;: -21- - - -- - - - - -- -- - - - -- - - - --- - -11 t is- i1Teg Oaf for a -person - u -ride rth" e -a ~ e-o f -21- to - c;pe r~;te-a -m 0 to"r- - -- - - --
:vehicle with any detectable amoun of alcohol in their system
-----------------------------------------------------------1---------------------------------------- -----------------_____________________
~~-~~l~~-~!:!~9-~9JJ2?!_~~~~~___________________________~-~9-~ES~-~~~~~~-~---------------________ ______________________________________
Number of Drinks at One Time :Not Regulated
}2~?:~:~~:~p:~i~~DI~:(~~~::::::::::::::::::::::::::::::J5C~~:::::::::::::::::::::::::::::::::::_::::::::::::::::::::::::::::::::::::::
-~9_~~~~ti9_~t!J?_~0ltY-_~9yy?______________________________J~~_~____________________________________ _____________________________________
_~9_~~~_?~_~L~gi~~~_~?_~_~____________________________---_~J~~0~~!~~~-L~-~9}-9~~~~~!~-~~-~~~~}l ~~~__________________________________
Server Training Regulated : Server training is not regulated by tt e state. However, there are
iseverallocal jurisdictions that do re~ ulate server training.
-N ates- o~-s~;~~; i S ~Ii ~-r- T ra in in '~i R egul a tlons--- - --- -TiVliriri e s ot~; curre ntly -does - not re-9 u i a e - s-e rver tra T ri Trig-,- nor -dc;es---- - n
:the state provide a training program for licensees.
-----------------------------------------------------------i---------------------------------------------------------------------__________
Seller Training Regulated : No, but several local jurisdictions do.
Hours of Sale :
-----------------------------------------------------------i------------------------------------------ -----------------------_____________
On Premise iOn-Premise Establishments:
! Monday thru Saturday: 800am - 1: DOam
! Sunday: 1 0:00am - 1 :OOam
: 2:00am closing all days by permit
-~-------------------------------~--------------_________~_J___________________________________________ ___________________________________
Off Premise i Retail Stores:
i Monday thru Saturday, 8:00am - 10 OOpm
i Closed Sunday
i May vary by local ordinance
--------------------------------------------------~--------~------------------------------------------- -----------------------------------
: Municipal Liquor Stores:
1 Monday thru Saturday, 8:00am - 10: Opm
1 Closed Sunday
i May vary by local ordinance
l~~l~~g~_(~fl~_P_~~~_~~~_______________________________J------------------__________________________ __________________________________
Acceptable Forms of 10 :. Valid Driver's License or ID Card iss ed by Minnesota,
1 another state or a Canadian province
!. Valid Military ID
i. Valid Passport
I
: It is required that someone have an ide tification card on their
: person in order to be served alcohol.
}3~~?:~:6i~!l~~:~:~fL~:[~~~?!~J~:g:::::::::::::::::::::::J~?:~~:::::::::::::::::::::::::::::::::::::::_-::::::::::::::::::::::::::::::::
ID Confiscation Allowed !Yes
-----------------------------------------------------------;---------------------------------------------- --------------------------------
Notes on lD Confiscation :A licensed retailer or municipal liquor st re may seize a form
! of identification listed under paragraph ( ) if the retailer or
i municipal liquor store has reasonable gr unds to believe that
ithe form of identification has been altere or falsified or is
i being used to violate any law. A retailer c r municipal liquor
:store that seizes a form of identification c s authorized under
!this paragraph must deliver it to a law en orcement agency
iwithin 24 hours of seizing it.
----------------------------------------------_____________J_______________________________________________ _______________________________
Policies Regarding Underage Persons i. With respect to purchasing, possessins , consuming, selling,
i furnishing, and serving alcoholic beverages, a person is not
i considered 21 years of age until 800arr on the date of that
! person's 21 st birthday.
i. Underage persons may not consume al oholic beverages at
I
i any place other than the household of the person's parent or
i guardian with the parent or guardian's p rmission.
.
_~~~~UI~_~!!9_!:~~~l_~~f9!_~~!!9_~_____________________~______________________________________ ________________________________________
Non-alcoholic beer and wine : Minnesota treats all beverages w th .05% alcohol or higher as
la/coholie. They do not have regu! tions for beverages with less
:than .05% alcohol.
~iCju()rLia-b~ity------------------------------------------lf5e-naihe-s-{orf)rov,d,n~-aic;iloitCi --nniflor-or-s()nneCJnE;vvh()/s----------
ivisibly intoxicated can be civil and criminal. Civil penalties are
i levied against the licensee and ca"1 include up to a $2,000 fine
land/or suspension or revocation 0 the license These penalties
lare classified as misdemeanors, gross misdemeanors and
1 felonies. Criminal penalties are leI, ied against the server or seller
land can carry a maximum of 3 yec rs in jail and/or a fine of up
ita $1,000
-StatutE;()fLjrnitati()n~----------------------------------:'Fh~(;urre-nfs-tatute-of-un;~i3~()nS-for-UqLJor-Uat)~rty-fncId-ents-fs---------
:two years.
-----------------------------------------------------------~---------------------------------------- --------------------------------------
Happy Hour Laws i Minnesota has no current statutes r rules governing Happy
!Hours. Minnesota Alcohol Beverag Rules Chapter 7515/0740(L)
idoes not allow premiums or induce :nents used to encourage
:alcoholic beverage purchases and onsumption. There is a
:difference between "happy hour", lie rink specials" and/or
!"promotions." Happy hour and drink specials for the most part
!would be considered one and the Sc me. Drink promotions may
lor may not be legal depending on th~ terms and conditions of
!the promotion. The state recommenjs that licensees interested
!in running drink promotions submit t~e promotions for review by
ithe state agency.
Contact Information :
-----------------------------------------------------------~------------------------------------------ ------------------------------------
Contact : Minnesota Department of Public Saf ty
IAlcohol and Gambling Enforcement Division in St. Paul
-----------------------------------------------------------~------------------------------------------ ------------------------------------
~, . '6"" "01 '"7J;"'"
1~~'i!ij21;iji~j}~;~~~:::::::::::::::::::::::::::::::::::::1J;~~~~;:~j:fr9~jji.~I~n~~l~~~~~\[~~~\i1.1(;1i1it~~::::::::::::::::::::
This information has been provided to us by the regulating agency and is believed to be correct. However, laws
and regulations may change at any time, and the information provided should not be relied u[ on in place of official
documents. For more information or clarification, consult the regulatory body for this jurisdictic n directly.
Copyright 2007 - Compliance Solutions, Inc.
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(SCott KEVIN STUDNICKA · SCOTT CO NTY SHERIFF
LAW ENFORCEMENT CENTER. 301 FULLER STREET SO TH' SHAKOPEE, MN 55379
I ~,--=-- ,/ ""'_~ '._,' __,.' 911 Emergency Only' (952) 496-8300 . FAX: (952) 49 -8305' WWW.co'scott.mn.U5
July 9,2007
Mayor John Schmitt
City of Shakopee
Shakopee, MN. 55379
Re: Derby Days-Shakopee Ja cees Beer Sales
Dear Mayor and City Council Members:
The Shakopee Jaycees have a long tradition in the City of Shakopee of showing
dedication, commitment and support to the community. As an organi ation that has
worked with the Jaycees for several years, we feel that they are trust orthy,
professional and show incredible responsibility.
It was brought to my attention that the Jaycees are interested in exten ing the beer
garden hours at Derby Days from 11 PM to Midnight. I feel that this w uld not only be a
great opportunity for the chapter, but for the community as well.
I feel that if given the opportunity, the Jaycees will utilize the additional hour to generate
revenue that will only enhance their already generous donations to the community of
Shakopee.
As previously mentioned, we have worked with the Shakopee Jaycees for several years
and have come to depend on their accountability, their dedication to th projects and
have proven to be reliable when working with beer sales. We feel confi ent in their
ability to handle all situations due to the fact that they insure that all their members
receive the proper TIPS training and haven shown great demonstration of their ability to
handle difficult situations.
I am confident that if given the opportunity, the Jaycees will excel and s ow the City of
Shakopee that your faith in their abilities were not unfounded.
If you have any questions, please contact me at 952-496-8318.
Sincerely, ~';")
"'"i. 2-1
't<.,.,;~~~, (~,,- '.>.~;'~
I >
't<evin Studnicka
Sheriff
An Equal Opportunity/Safety Aware Employer
o Prill/ed Oil recycled fJ(lfJ(,j" ("oJllui!Jill,t; 3f)(:;' eOS! ('OIlSWlle'/" {'(Jll!cU!
Insurance by Design, LLC
15 West Cliff Rd, Ste A
Burnsville, MN 55337
952-808-7005 (phone)
952-808-7004 (fax)
June 27, 2007
City of Shakopee
Re: Shakopee Jaycees
To Whom It May Concern:
I understand the Shakopee Jaycees are asking to extend their hour
Days from 11 :OOpm to 12:00am and there has been some concern. I represent
the Minnesota Jaycees and have been fortunate to provide general I'ability and
liquor liability coverage for the Shakopee Jaycees for the last severa years. As a
condition of providing the liquor liability coverage, we require strict c mpliance
with loss control efforts that have been established. The Shakopee aycees are
required to attend T.I.P.S. training in addition to the many pro-active easures
they have adopted to control their serving.
In summary, they have excellent procedures that they require all se ers to follow
and I would not be concerned in the least with an additional hour of s
Please feel free to contact me directly if you have any questions.
Sincerely,
LuAnn Paulet
President
June 4, 2007
Mayor John Schmitt
City of Shakopee
Shakopee, MN 55379
Re: Derby Days-Shakopee Jaycees Beer Sales
Dear Mayor and City Council Members,
It has been a long tradition for the City of Shakopee to have the Shak pee Jaycees play an
important role in the success of Derby Days. The organization has been 1 0% committed to the
planning and operations of this event whether it be elements of famil games to the total
operation of the beer garden. At whatever level, the work of the Jayc es is of the highest
standard.
It has come to my attention that the Shakopee Jaycees are requesting from he City of Shakopee
that the beer garden hours of operation be extended from 11 p.m. to Mid ight. I endorse this
recommendation whole heartily.
The Shakopee Jaycees have a superb reputation for professionalism an a high sense of
responsibility when taking on projects. The City of Shakopee can feel comfo able that this extra
hour of service will be done in the highest standards.
The revenue that the Shakopee Jaycees will generate will be of great use in the many projects
that they do in the community. As their lawyer for over a dozen years, they have always acted
responsible in the many venues where beer was sold by them. I am confide t they will do the
same if this request is granted by you. If you have any questions, please conta t me.
As always, I remain
Sincerely,
J ames A. T erwedo
Attorney at Law
JAT/sam