By Greg C. Huff
Late-night happy hours are a thing of the past in Brooklyn Park, following a City Council vote Monday to approve a new ordinance aimed at preventing disorderly conduct at bars.
Two-for-one drink specials will remain on tap, but three-for-one specials are not allowed; neither is serving a pitcher of beer to one person.
The new ordinance will allow the city to impose progressive penalties on owners of bars that break the rules and could lead, ultimately, to liquor license revocation. It establishes, essentially, a four-strikes framework for penalties and sanctions for all city establishments that serve beer, wine and/or liquor.
"I think that everybody is really looking at a way of proactively managing ... the problems a little more effectively. ..." Mayor Steve Lampi said. "Any time you have a problem-solving mechanism - if you're able to do that - it works a lot better."
With Councilmember Jeff Lunde absent, the remaining council members approved the ordinance unanimously as presented in its second reading. Lampi did, however, direct City Manager Jamie Verbrugge to "find a way to formalize" a related proposal for an initiative that would pair a police liaison with all the city's liquor-serving establishments.
The new ordinance makes a liquor-license holder responsible for "the conduct at [his or her] establishment and the conditions of sobriety and order of all persons at the establishment." It also makes a license holder equally liable for its employee and subcontractor's actions on the premises.
A license holder, in the course of running a business, "is deemed to have knowledge of any acts of disorderly conduct ... occurring at the establishment" - even if he or she is not on the premises at the time - and holds the licensee accountable for such disorderly conduct.
A license holder is also responsible for disorderly conduct by its patrons if the licensee manages the establishment "in a manner that contributes to acts of disorderly conduct by persons occupying its establishment."
Disorderly conductThe ordinance's definition of "disorderly conduct" includes the following:
Unlawful possession, delivery or purchase of a controlled substance.
Illegal alcohol sales.
Homicide and suicide.
Criminal sexual conduct.
Prostitution or "acts relating to prostitution including housing individuals engaged in prostitution.
Unlawful use or possession of a gun.
Assault.
Contributing to the delinquency of a minor.
Sexual and labor trafficking.
"Interference" with a police officer.
Terroristic threats.
Unlawful assembly.
Riots.
Interfering with phone calls for emergency assistance.
Illegal gambling.
Crime committed "for the benefit of a gang."
Racketeering.
Any other conduct "deemed disorderly by the city or other law enforcement agency."
Against the rules
The new ordinance prohibits the following:
Serving alcohol to any "obviously intoxicated person."
Allowing an "obviously intoxicated person" in the business.
The city deems a person "obviously intoxicated" if they appear to be impaired, "mentally, physically or emotionally," based on their breath, appearance of their eyes, ability to walk and talk and other symptoms "commonly associated with intoxication."
Employees drinking while on the clock.
Three-for-one, or better, drink specials - two-for-one sales are still OK.
"Happy hour" specials before noon or 11 p.m.
Selling a pitcher of beer to just one person, or any one drink that would, by itself, result in a blood-alcohol concentration of .08 or more.
Encouraging or permitting customers to conduct games or contests that involve drinking, award prizes to customers based on alcohol consumption, or award prizes of alcohol to customers.
Including drinks as part of a charge for admission - i.e. no "one-drink minimums."
Requirements
The ordinance requires the following:
Provide security and conduct an annual server and security training program approved by the Brooklyn Park Police Department.
Require patrons to conduct themselves "in such a manner as to not cause any portion of the establishment to be disorderly."
Also of note
Temporary promotional pricing associated with a specific event is allowed after 11 p.m. is OK, "as long as the temporary promotional pricing is also offered during other hours of operation on the same day."
Beer, wine, or liquor samplings are allowed as permitted by state law.
Bars will be held liable for the conduct of entertainers they book.
At what cost?
Verbrugge does not anticipate that the new ordinance will require additional spending to implement and enforce.
"With the improved ordinance language, it is anticipated that overall police time will be reduced in all liquor establishments," staff reported in a council memo.
Police, perception, philosophy
The new ordinance stems from a philosophy that if the city deploys its police officers and staff proactively rather than reactively, police can likely better curtail disorderly conduct at bars and combat perception that some bars in the city are unsafe. That, in turn, will improve livability in general and make the city more inviting to prospective residents, developers and business owners.
As the city has grown, "we've seen in a few isolated cases and some significant increases in disorderly conduct [at bars]. ..." Brooklyn Park Police Commander of Special Operations Jeff Ankerfelt explained to the council last month.
"With that comes some perceptions amongst the public that maybe some bars are not safe in Brooklyn Park and affects overall perceptions of livability."
Proactively working with bar owners to clearly define what sort of conduct they will be accountable for - as well as the penalties for failure to act responsibly - will empower the city, Ankerfelt said last month, to "actually change the future."
The liquor-house rules
To read a further summary of new rules in the ordinance, click on the following link: