HomeMy WebLinkAbout09-1437 City Code Alcohol Server TrainingCITY OF MERIDIAN ORDINANCE NO. ~~ - i ~E 3~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN CREATING A NEW CHAPTER OF
MERIDIAN CITY CODE: CHAPTER 7, TITLE 3 OF THE MERIDIAN CITY CODE,
RELATING TO ALCOHOL SERVER CERTIFICATION: DEFINTIONS; APPROVED
SERVER TRAINING PROGRAMS; SERVER AND LICENSEE REQUIREMENTS;
AND ENFORCEMENT.
WHEREAS, the City Council of the City of Meridian seeks to address problems that can
be related to overconsumption or illegal consumption of alcohol atestablishments that serve
liquor, wine, and beer, such as driving under the influence of alcohol, public intoxication, and
underage drinking;
WHEREAS, servers of alcoholic beverages can be trained to better recognize and work
to avoid such problems through education regarding the sale and service of alcoholic beverages,
the effects of alcohol on the human body, methods of identifying intoxicated persons, methods of
refusing to sell or serve alcohol to such persons, and methods for checking and identifying legal
identification;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 3, Chapter 7, of the Meridian City Code shall read as follows:
TITLE 3
CHAPTER 7: ALCOHOL SERVER CERTIFICATION
3-7-1: DEFINITIONS:.
A. Alcoholic Beverage: Any beverage containing alcohol which is a product of distillation of
any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits or any liquid
containing beer, wine or spirits.
B. Approved Server Training Program: A server training program enumerated in a written
administrative policy'of the Chief of Police and approved by resolution of City Council.
C. Certificate: A current, valid certificate of completion issued to a Server upon satisfactory
completion of an Approved Server Training Program.
D. Certification: Satisfactory completion of an Approved Server Training Program.
E. Certified Server: A server who has satisfactorily completed an Approved Server Training
Program.
ALCOHOL SERVER CERTIFICATION ORDINANCE PAGE 1 OF 4
F. Licensee: A person to whom a valid license to sell liquor by the drink, or beer and wine by
the drink, is issued by the City of Meridian and/or the State of Idaho.
G. Server: Any person serving or selling any alcoholic beverage, including spirits, wine or beer
for consumption on a licensed premise and any person managing those employees. Servers
shall include, but are not limited to, waiters, waitresses, bartenders, and managers of waiters,
waitresses and bartenders.
3-7-2: APPROVED SERVER TRAINING PROGRAMS:
A. Only a server training program enumerated in written administrative policy of the Chief of
Police and approved by resolution of City Council shall be recognized as an Approved Server
Training Program for purposes of this Chapter.
B. The Chief of Police shall approve a server training program upon a determination that such
program educates participants on, and requires participants to successfully pass an
examination covering, each and all of the following topics:
1. Consistently and accurately verifying patrons' proof of age and identification;
2. Recognizing false and altered identification documents;
3. Understanding the effects of alcohol on the human body;
4. Monitoring patrons' alcohol intake and/or behavior;
5. Recognizing intoxicated persons;
6. Methods of refusing to sell or serve alcohol to intoxicated persons;
7. Providing alternatives to alcoholic beverages;
8. Problem solving in dealing with intoxicated and/or belligerent patrons; and
9. All State and local laws and rules pertaining to the sale and service of alcoholic
beverages.
3-7-3: SERVER AND LICENSEE REQUIREMENTS:
A. Any person employed or operating as a Server as defined in this Chapter shall:
Complete certification within thirty (30) days of the date upon which he or she begins
employment or operation as a Server at a licensed establishment, and shall maintain such
certification at all times of employment or operation as a Server, updating such
certification as necessary. Upon a Server's completion of one (1) hour of work, the
thirty-day time period for certification shall be calculated cumulatively, and shall be
tolled only by the cessation of work for one (1) year or longer.
2. Maintain a written record of his or her certification;
3. Provide proof of certification to a law enforcement officer upon request.
B. Licensees operating establishments where alcoholic beverages are served and consumed on
the premises, as to each Server employed or operating on the licensed premises, shall:
ALCOHOL SERVER CERTIFICATION ORDINANCE PAGE 2 OF 4
1. Ensure that each Server is or becomes certified as set forth in this section, and that each
Server maintains his or her certification throughout his or her employment or operation as
a Server.
2. Maintain a copy of each Server's certificate;
3. Provide any Server's certificate to a law enforcement officer upon request.
3-7-4: ENFORCEMENT:
A. Any person violating any provision of this Chapter shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be subject to a fine of up to one
thousand ($1,000.00) dollars and/or imprisonment for up to six (6) months.
B. The City Clerk may revoke a Licensee's City of Meridian license to sell liquor by the
drink, and/or license to sell beer and wine by the drink, if such Licensee, or Server
employed by or operating on behalf of such Licensee, violates any provision of this
chapter. The City Clerk shall notify the Licensee of such revocation in writing, and shall
mail such notice to the Licensee at the mailing address set forth in the license application.
Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal
of the City Clerk's revocation of a City of Meridian license to sell liquor by the drink,
and/or license to sell beer and wine by the drink maybe made by the Licensee. Such
appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall
state the reasons for such appeal. Upon receipt''af such appeal, the City Clerk shall
schedule a public hearing on the appeal at a City Council meeting within fourteen (14)
days. 'The City Council's decision on such appeal shall be a final decision.
Section 2. That all ordinances, resolutions,- orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective on June 1, 2010.
PASSED by the City Council of the City of Meridian, Idaho, this ~ day of
.~ e.~~,.,,~.R , 2009.
APPROVED by .the- Mayor of the City of Meridian, Idaho, this ~ day of
Gj~,etGn-•~belC , 2009:
APPROVED: ATTEST:
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