AMC Chapter ALCOHOLIC BEVERAGES

Size: px

Start display at page:

Download "AMC Chapter ALCOHOLIC BEVERAGES"

Jocelin Ferguson
5 years ago
Views:

3 AMC Chapter.0 - ALCOHOLIC BEVERAGES Closing hours for licensed premises. A. Premises licensed under AS for the service and consumption of alcoholic beverages shall be closed for the sale, service and consumption of alcoholic beverages between the hours of :30 a.m. and :00 a.m. Monday through Friday, and between the hours of 3:00 a.m. and :00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS , except that the following premises may remain open between the hours of 3:00 a.m. and 4:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS ("bar safety hour"): 1. Premises licensed under AS provided the licensee possesses a valid restaurant designation permit from the state Alcoholic Beverage Control (ABC) Board; or,. Premises licensed under AS provided the licensee possesses a bar safety hour permit under section.0.03 D. B. Licensed premises with a title 1 conditional use permit requiring closure prior to 3:00 a.m. are not eligible for a bar safety hour permit under this section. C. All other retail premises licensed under AS shall be closed for the sale of alcoholic beverages between the hours of 1:00 a.m. and :00 a.m. Monday through Friday, and between the hours of :00 a.m. and :00 a.m. on Saturday, and between the hours of :00 a.m. and noon on Sunday. (CAC 6.0.0; AO No. 1-3(S); AO No. 1-1; AO No , 1, 4--13; AO No (S),, -6-13) Operation of licensed premises. D. Premises licensed under AS for the service and consumption of alcoholic beverages may apply for a bar safety hour permit, and if granted, may remain open for persons to consume food or nonalcoholic beverages between the hours of 3:00 a.m. and 4:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS , subject to the following: 1. Application and approval: Licensees seeking a bar safety hour permit shall submit to the municipal clerk: a. All information required by the municipal clerk on the bar safety hour permit application. b. An application fee of $0.00. The application fee is nonrefundable. c. The municipal clerk shall issue a bar safety hour permit to applicants meeting the requirements of the application. The bar safety hour permit shall be displayed publicly on the premises in the same manner as the license and the restaurant designation permit issued by the alcoholic beverage control board. d. The bar safety hour permit is non-transferable and shall expire 1 months after the date of issuance, unless terminated earlier due to revocation or sunset of these provisions.. Requirements and restrictions: The following requirements and restrictions apply to licensees operating with a bar safety hour permit, in addition to other requirements and restrictions specified for licensees in state or local law: a. Premises interior lighting shall be maintained at full brightness during the bar safety hour. b. Entertainment and music of any kind are prohibited during the bar safety hour. c. No alcoholic beverages may be sold, served or consumed during the bar safety hour. 3. Procedure for suspension or revocation of bar safety hour permit: Except as provided by subsections 3.a. and 3.d. below, no decision to revoke, suspend or otherwise limit or restrict a bar safety hour permit granted under this title shall be effective until the person holding such Page 1

4 license or permit is first given an opportunity to be heard before that decision is made. Administrative hearings under this subsection shall be conducted by the municipal clerk, or as designated, the administrative hearing officer, pursuant to chapter a. Except as provided in subsection 3.d. below, the municipal clerk may, without prior warning, notice or hearing, suspend or otherwise restrict any bar safety hour permit granted under this title, if such action is necessary to eliminate an immediate and substantial danger to the public health, safety and welfare. Suspensions or restrictions ordered by the municipal clerk under this subsection shall be effective immediately upon service of a notice thereof in compliance with the Alaska Rules of Court. Within five days following service of a notice of suspension or imposition of restrictions under this section, the licensee shall be given an opportunity to be heard on the legality or appropriateness of that action, pursuant to chapter At the conclusion of the hearing, the municipal clerk may revoke, suspend, restrict or reinstate the bar safety hour permit affected. b. Except as provided by subsection 3.d. below, upon written request by a person aggrieved by an administrative decision to deny, refuse to issue or refuse to renew a bar safety hour permit under this title, no later than 0 days following that decision, the municipal clerk or designee shall conduct a hearing to review the legality or appropriateness of that decision. The hearing shall occur no later than ten days following service of the request on the municipal clerk, and shall be conducted in accordance with chapter c. Hearings before the municipal clerk under this section may be conducted by a designated administrative hearing officer. If the municipal clerk elects to refer the matter to an administrative hearing officer, the hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions must be forwarded to the municipal clerk for adoption, rejection or modification and issuance of a final order or decision by the municipal clerk. d. This section shall not apply to, nor shall it be construed to supersede, any specific provision of this title already permitting or requiring administrative or quasijudicial hearings to determine the specific rights and privileges of any individual or to review the legality, appropriateness or wisdom of administrative action permitted in this title. 4. Review of bar safety hour permits: The municipal clerk will report monthly during the first year of the program and quarterly thereafter, on applications and permits. Information regarding any notices of violations issued by the alcoholic beverage control (ABC) board involving unlawful sale, service or consumption of alcoholic beverages after 3:00 a.m. on Saturday, Sunday, or legal holidays recognized by the state under AS , issued to licensees with bar safety hour permits, shall be included in the reports.. Restaurant designation permits: Nothing in this section requires a premise licensed under AS for the service and consumption of alcoholic beverages that holds a current restaurant designation permit to obtain a bar safety hour permit in order to remain open and serve food or nonalcoholic beverages between the hours of 3:00 a.m. and 4:00 a.m. on Saturday, Sunday, or legal holidays recognized by the state under AS Enforcement: Officers of the Anchorage Police Department shall have the authority to write and serve civil citations for violations of the provisions of sections.0.0 and (AO No. -1(S); AO No. 6-; AO No. -1; AO No. -4(S-1), 0, --; AO No. -0, 1, -14-; AO No , 1, --01; AO No. 0-(S-1), 1, -1-; AO No , 3, 4--13; AO No (S), 3, -6-13; AO No. 014-, 1, --14) Editor's note Section 4 of AO 013-6(S) stating: "Absent other action by the Assembly, this ordinance shall sunset on August 16, 014" is hereby repealed, and the Bar Safety Hour Permit Page

5 Program under AMC subsection.0.03 D. is hereby extended through August 31, 01, absent other action by the Assembly. Cross reference Administrative adjudication, Ch Page 3

Submitted by: Assembly Member Traini and Assembly Vice-Chair Trombley Prepared by: Municipal Clerk's Office CLERK'S OFFICE For reading: August 6, 013 APfROVED Dlfii.a.!_...:... ---~1J_;;3::::.

6 Submitted by: Assembly Member Traini and Assembly Vice-Chair Trombley Prepared by: Municipal Clerk's Office CLERK'S OFFICE For reading: August 6, 013 APfROVED Dlfii.a.!_...: ~1J_;;3::::..., ~ANCHORAGE, ALASKA AO NO (S) AN ORDINANCE AMENDING ANCHORAGE MUNICIPAL CODE CHAPTER.0, ALCOHOLIC BEVERAGES, TO PROVIDE FOR A BAR SAFETY HOUR PERMIT TO ADDRESS THE SAFE AND ORDERLY DISPERSAL OF PATRONS ON WEEKENDS AND HOLIDAYS FROM PREMISES LICENSED BY THE STATE ALCOHOLIC BEVERAGE CONTROL BOARD TO SERVE ALCOHOL, BUT WITHOUT A STATE ISSUED RESTAURANT DESIGNATION PERMIT; SETTING THE BAR SAFETY HOUR PERMIT APPLICATION FEE; ESTABLISHING PROCEDURE FOR SUSPENSION OR REVOCATION; PROVIDING FOR SUNSET ABSENT ADDITIONAL ACTION BY THE ASSEMBLY; AND REPEALING AO NO (AS AMENDED). THE ANCHORAGE ASSEMBLY ORDAINS: Section 1. Assembly Ordinance (As Amended) is hereby repealed in its entirety. Section. Anchorage Municipal Code section.0.0 is hereby amended to read as follows:.0.0 Closing hours for licensed premises. A. Premises licensed under AS for the service and consumption of alcoholic beverages shall be closed for the sale, service and consumption of alcoholic beverages between the hours of :30 a.m. and :00 a.m. Monday through Friday, and between the hours of 3:00 a.m. and :00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS , except that the following premises may remain open providing no alcoholic beverages are sold. served or consumed between the hours of 3:00 a.m. and 4:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS ("bar safety hour"): 1. Premises licensed under AS provided the licensee possesses a valid restaurant designation permit from the state Alcoholic Beverage Control (ABC) Board; or.. Premises licensed under AS provided the licensee possesses a bar safety hour permit under section B. Licensed premises with a title 1 conditional use permit requiring closure prior to 3:00 a.m. are not eligible for a bar safety hour permit under this section. The allmvance to extend hours of operation applies to licensed premises designated under A.1. or /\.. above, notwithstanding anv other provisions of their conditional use permit, as long as their conditional use permit does not

7 AO 013-6(S) Page of require the premises to close prior to the hour when sale, service and consumption shall end under AMC C.[ B.]AII other retail premises licensed under AS shall be closed for the sale of alcoholic beverages between the hours of 1:00 a.m. and :00 a.m. Monday through Friday, and between the hours of :00 a.m. and :00 a.m. on Saturday, and between the hours of :00a.m. and noon on Sunday. (CAC 6.0.0; AO No. 1-3(S); AO No. 1-1) Section 3. Anchorage Municipal Code section.0.03 is hereby amended:.0.03 Operation of licensed premises. *** *** *** D. Premises licensed under AS for the service and consumption of alcoholic beverages may apply for a bar safety hour permit, and if granted, may remain open for persons to consume food or nonalcoholic beverages between the hours of 3:00a.m. and 4:00a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS , subject to the following: L. Aoolication and Aooroval: Licensees seeking a bar safety hour permit shall submit to the municipal clerk: a. All information required by the municipal clerk on the bar safety hour permit application. b. An application fee of $0. The application fee is nonrefundable. c. The municipal clerk shall issue a bar safety hour permit to applicants meeting the requirements of the application. The bar safety hour permit shall be displayed publicly on the premises in the same manner as the license and the restaurant designation permit issued by the Alcoholic Beverage Control Board. d. The bar safety hour permit is non-transferable and shall expire 1 months after the date of issuance, unless terminated earlier due to revocation or sunset of these provisions.. Requirements and Restrictions: The following requirements and restrictions apply to licensees operating with a bar safety hour permit,

1 3 4 6 1 13 14 1 16 1 1 1 0 1 3 4 6 30 31 3 33 34 3 36 3 3 3 40 41 4 43 44 4 46 AO 013-6(S) 3.

8 AO 013-6(S) 3. Page 3 of in addition to other requirements and restrictions specified for licensees in state or local law: a. Premises interior lighting shall be maintained at full brightness during the bar safety hour. b. Entertainment and music of any kind are prohibited during the bar safety hour. c. No alcoholic beverages may be sold, served or consumed during the bar safety hour. Procedure for Suspension or Revocation of Bar Safetv Hour Permit: Except as provided by subsections 3a and 3d below, no decision to revoke, suspend or otherwise limit or restrict a bar safety hour permit granted under this title shall be effective until the person holding such license or permit is first given an opportunity to be heard before that decision is made. Administrative hearings under this subsection shall be conducted by the municipal clerk, or as designated, the Administrative Hearing Officer, pursuant to Chapter a. Except as provided in subsection 3d below, the municipal clerk may, without prior warning, notice or hearing, suspend or otherwise restrict any bar safety hour permit granted under this title, if such action is necessary to eliminate an immediate and substantial danger to the public health, safety and welfare. Suspensions or restrictions ordered by the municipal clerk under this subsection shall be effective immediately upon service of a notice thereof in compliance with the Alaska Rules of Court. Within five days following service of a notice of suspension or imposition of restrictions under this section, the licensee shall be given an opportunity to be heard on the legality or appropriateness of that action, pursuant to Chapter At the conclusion of the hearing, the municipal clerk may revoke, suspend, restrict or reinstate the bar safety hour permit affected.!l Except as provided by subsection 3d below, upon written request by a person aggrieved by an administrative decision to deny, refuse to issue or refuse to renew a bar safety hour permit under this title, no later than 0 days following that decision, the municipal clerk or designee shall conduct a hearing to review the legality or appropriateness of that decision. The hearing shall occur no later than ten days following service of the request on the municipal clerk, and shall be conducted in accordance with Chapter 3.60.

AO 013-6(S) Page 4 of 1 3 4 6 1 13 14 1 16 1 1 1 0 1 3 4 6 30 31 3 33 34 3 36 3 3 3 40 41 4 43 44 4 c.

9 AO 013-6(S) Page 4 of c. Hearings before the municipal clerk under this section may be conducted by a designated Administrative Hearing Officer. If the municipal clerk elects to refer the matter to an Administrative Hearing Officer, the hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions must be forwarded to the municipal clerk for adoption, rejection or modification and issuance of a final order or decision by the municipal clerk. d. This section shall not apply to, nor shall it be construed to supersede, any specific provision of this title already permitting or requiring administrative or quasijudicial hearings to determine the specific rights and privileges of any individual or to review the legality, appropriateness or wisdom of administrative action permitted in this title. (Cross references: Administrative adjudication, Ch ) 4. Review of bar safety hour permits: The municipal clerk will report monthly during the first year of the program and quarterly thereafter, on applications and permits. Information regarding any Notices of Violations issued by the Alcoholic Beverage Control (ABC) Board involving unlawful sale, service or consumption of alcoholic beverages after 3:00 a.m. on Saturday, Sunday, or legal holidays recognized by the state under AS , issued to licensees with bar safety hour permits, shall be included in the reports.. Restaurant Designation Permits. Nothing in this section requires a premise licensed under AS for the service and consumption of alcoholic beverages that holds a current restaurant designation permit to obtain a bar safety hour permit in order to remain open and serve food or nonalcoholic beverages between the hours of 3:00a.m. and 4:00 a.m. on Saturday, Sunday, or legal holidays recognized by the state under AS Enforcement: Officers of the Anchorage Police Department shall have the authority to write and serve civil citations for violations of the provisions of Sections.0.0 and (AO No. -1(S); AO No. 6-; AO No. -1; AO No. -4(S-1), 0, -- ; AO No. -0, 1, -14-; AO No , 1, --01) Section 3. This ordinance shall become effective ten days after its passage and approval by the Assembly.

10 AO 013-6(S) Page of Section 4. Absent other action by the Assembly, this ordinance shall sunset on August 16, 014. PASSED AND APPROVED by the Anchorage Assembly this 6; -,. day of AJ u~t, 013. ~- --= Chair ATIEST: ~~ k-.pj~ Municipal Clerk

11 CLERK'S OFFICE A~r?il?.OV~~ i,,-;j.}--1' Submitted by: Reviewed by: Prepared by: For reading: ASSEMBLY CHAIR TRAINI Municipal Clerk Assembly Counsel August, 01 ANCHORAGE, ALASKA AO NO AN ORDINANCE OF THE ANCHORAGE MUNICIPAL ASSEMBLY AMENDING ANCHORAGE MUNICIPAL CODE SUBSECTION.0.03D TO EXTEND SUNSET OF THE BAR SAFETY HOUR PERMIT PROGRAM FROM AUGUST 31, 01 TO AUGUST 31, 016, ABSENT OTHER FUTURE ACTION BY THE ASSEMBLY. WHEREAS, the Bar Safety Hour Permit Program, as authorized by AO 013-6(S) and first initiated August 16, 013, encourages eligible licensed establishments throughout the Municipality of Anchorage to engage in mitigating the impact of bar closing hour by remaining open additional time on weekends without alcohol sale and service, under the Bar Safety Hour Permit Program; and WHEREAS, the Bar Safety Hour Permit Program is administered by the Municipal Clerk's Office, and provides for quarterly reports to the Assembly on the applications and permits; and WHEREAS, AO 014- extended the sunset date for sunset expiration of the Bar Safety Hour Permit Program to August 31, 01; and WHEREAS, by adoption of this ordinance, the Bar Safety Hour Program shall be extended for another year until August 31, 016, absent other future action by the Assembly; now therefore, THE ANCHORAGE ASSEMBLY ORDAINS: Section 1. Anchorage Municipal Code section.0.03 is hereby amended by adding a new subsection to read as follows (language indicating no amendment is included for context only; other subsections not affected are not set out):.0.03 Operation of licensed premises. *** *** *** D. Premises licensed under AS for the service and consumption of alcoholic beverages may apply for a bar safety hour permit, and if granted, may remain open for persons to consume food or nonalcoholic beverages between the hours of 3:00 a.m. and 4:00 a.m. on Saturday or Sunday or on a legal holiday recognized by the state under AS , subject to the following: *** *** ***. Absent other action by the Assembly, the Bar Safety Hour Permit Program under this subsection and as referenced in section.0.0 of this chapter shall sunset on August 31, 016.

12 AO 01-3 Page of (AO No. -1(S); AO No. 6-; AO No. -1; AO No. -4(S-1), 0, --; AO No. -0, 1, -14-; AO No , 1, --01 ; AO No. 0-(S-1), 1, -1-; AO No , 3, 4--13; AO No (S), 3, -6-13; AO No. 014-, 1, --14). Section. This ordinance shall become effective immediately upon passage and approval by the Assembly. PASSED AND APPROVED by the Anchorage Assembly this?-if\ day of Av'Jus r ' 01. ATTEST: Chair of the Assembly

13 MUNICIPALITY OF ANCHORAGE ASSEMBLY INFORMATION MEMORANDUM AIM No. -01 Meeting Date: August, 01 1 From: THE CHAIR OF THE ASSEMBL y 3 Subject: Letter from Anchorage Hospitality Retailers Association (AHRA) 4 regarding Bar Safety Hour 6 The attached letter is provided for Assembly review Prepared by: 1 Approved by: 1 Respectfully submitted: 1 Barbara A. Jones, Municipal Clerk Barbara A. Jones, Municipal Clerk Dick Traini, Assembly Chair

14 August 3, 01 Dick Traini, Chair Anchorage Assembly 63 West 6 1 h Avenue Anchorage, AK 01 Dear Mr. Traini: The Alaska Hospitality Retailers Board of Directors supports the continuation of the safety hour legislation which is due to expire on August 31, 01. We believe the safety hour is a good way to be proactive as we protect our patrons and the public at large. By allowing our patrons to stay inside a license premise up to an hour will provide solutions to the undesirable bar break issues which has been in existence for many years. The safety hour will allow patrons to wait inside a safe place for their safe ride home whether it would be by taxicab, family or friends. This will reduce opportunity for predators that are looking for a vulnerable person to conduct sexual assault or a violent crime. And ultimately, the safety hour will promote less aggressive attitudes towards people and properties. Please keep in mind that many of our restaurant designated licensees do not need an MOA permit in order to use the program however our bars need to have the permit in order to participate. To us, it does not matter whether if it's one or bars participating, what is important is the fact that there is a program in place that can help our patrons wait for a safe ride home. This is important to our industry as part of being proactive and hopefully a part of keeping our patrons safe. Sincerely, Silvia Villamides, Executive Director [cc]: Anchorage Assembly Barbara Jones

PART II - CODE OF ORDINANCES Chapter 13 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE II. - AMUSEMENTS DIVISION 4.

PART II - CODE OF ORDINANCES Chapter 13 - LICENSES, PERMITS AND BUSINESS REGULATIONS ARTICLE II. - AMUSEMENTS DIVISION 4. AN ORDINANCE AMENDING DIVISION 4 DANCES AND DANCE HALLS OF ARTICLE II AMUSEMENTS OF CHAPTER 13 LICENSES, PERMITS AND BUSINESS REGULATIONS OF THE CODE OF ORDINANCES; RENAMING DIVISION 4 NIGHT CLUBS ; REPEALING