ARC Regular Meeting

CITY OF NAMPA Alcohol Review Committee City Hall Council Chambers – 411 Third Street South September 28, 2022 3:00 PM Call to Order Roll Call (1) New Business 1-1. Action Item: Approve August 31, 2022 meeting minutes 1-2. Action Item: Review Incident Reports for possible City Ordinance and/or License Violations: a. Report #1 (2) Staff Communications 2-1. City Clerk’s Office 2-2. Police Department Adjournment ♦ If you would like to participate virtually, please email the clerk’s office at clerks@cityofnampa.us prior to the meeting, please provide your name, address and we will email a link to join the meeting. ♦ Individuals, who require language interpretation or special assistance to accommodate physical, vision, hearing impairments, please contact the City Clerk’s Office at Nampa City Hall, (208) 468-5426. Requests should be made at least five (5) days prior to the meeting to allow time to arrange accommodation. Page 1 of 1  CITY OF NAMPA ALCOHOL LICENSE REVIEW COMMITTEE MINUTES CITY HALL – COUNCIL CHAMBERS AUGUST 31, 2022 Chairman Jamie Burns called the meeting to order at 3:02 p.m. Clerk Haveman took roll with the following committee members in attendance were Chief of Staff Rick Hogaboam, City Clerk Char Tim, Planning and Zoning Senior Planner Parker Bodily (Designated by Rodney Ashby) Building Safety Director Patrick Sullivan and Nampa Police Lieutenant Jamie Burns. (1) New Business Item #1-1. - MOVED by Tim and SECONDED by Sullivan to approve the ARC Minutes of June 29, 2022 as presented, The Chairman asked for a roll call vote with all Committee Members voting YES. The Chairman declared the MOTION CARRIED (2) Staff Communications Item #2-1. - Police Department Jamie Burns reported that all the establishments with recent violations have not had further incidents to report. Item #2-2. - City Clerk’s Office Char Tim reported on the current establishments with points on their record and also several new alcohol licenses that had been applied for or issued recently. MOVED by Hogaboam and SECONDED by Burns to adjourn the meeting at 3:08 p.m. The Chairman asked all in favor say aye with all Committee Members present voting AYE. The Clerk declared the MOTION CARRIED CITY OF NAMPA POLICE DEPARTMENT Alcohol License Violation - Incident Report To: Alcohol Review Committee From: Lieutenant Jamie Burns Date: September 21, 2022 Re: Alcoholic License Point System (ALPS) Violation Incident Report Alcohol Review Committee, On September 1, 2022, the Nampa Police Department responded to Buffalo Wild Wings Grill and Bar, 2111 N Cassia Street, an establishment located in the city of Nampa, county of Canyon, state of Idaho, licensed to sell liquor, beer, and/or wine, where possible violations of Nampa City Ordinance Chapter 12 may have occurred. The following is an incident report prepared to be reviewed by the Committee for possible city ordinance and/or license violations. Nampa Police Incident Report Details On September 1, 2022, at approximately 8:52 pm, the Nampa Police Department responded to a call of a shooting at the Buffalo Wild Wings Grill and Bar. Once on scene, officers discovered a male subject who had been shot in the parking lot, located to the east of the restaurant. Ultimately, the male subject who had been shot succumbed to his injuries, initiating a homicide investigation. During interviews for this case, it was determined members of a local documented gang were inside of the restaurant eating. When members of an opposing local documented gang entered the restaurant, a verbal disturbance ensued. Employees of the restaurant asked all involved parties to leave the restaurant and they complied. Once outside, members of both gangs continued to verbally argue as they entered the parking lot area. At one point, shots were fired from a firearm. The uninvolved male victim was standing in the parking lot when he was struck by one of the rounds fired during the incident. This investigation is still ongoing by the Nampa Police Department. Chapter 5-12-17: Denials of License Applications and Revocations of Licenses Subsection: 5-12-17(II)(B): 1. Training. Failure of a licensee, its officers, managers, employees and agents to undergo training as may be required by this section. .5 to 1 Point. 2. Probation violation. A license violation arising during a probationary period, as applied to a licensee in subsection 5-12-17(II)(D)(6). .5 to 2.0 Points. 3. Alcohol regulations. Any action or conduct which violates any provision of federal, state, or local law with respect to the manufacture, sale, distribution, solicitation, or use of alcoholic beverages. .5 to 2.0 Points. 4. Homicides. Any homicide offense under Idaho Code Title 18, Chapter 40. 6.5 Points. 5. Weapons. Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 33. 1.0 to 4.0 Points. 6. Controlled substances. Any action or conduct which violates any provision of Idaho Code Title 37, Chapter 27. 1.0 to 3.5 Points. 7. Prostitution. Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 56. 4.0 to 6.5 Points. 8. Human trafficking. Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 86. 4.0 to 6.5 Points. 9. Gambling. Any action or conduct which violates any provision of Idaho Code Title 18, Chapter 38. .5 to 2.0 Points. 10. Assault and battery. Any action or conduct which constitutes assault or battery actions and violates any provision of Idaho Code Title 18, Chapter 9. 1.0 to 3.5 Points. 11. Sex crimes. Any action or conduct which violates any provision of Idaho Code Title 18, Chapters 15 and 66. 6.5 Points. 12. Occupancy. Exceeding occupancy load for the premises as stated on the occupant load limit sign posted in the premises or failing to post the occupant load limit sign for the premises in a conspicuous place near the main exit or exit access doorway of the premises. .5 to 2.0 Points. 13. Open containers. Allowing a person to exit the licensed premises while possessing an open container of alcoholic beverage. .5 to 1.5 Points. 14. Right-of-way encroachment. The licensee violates any provision of a right-of-way encroachment license. .5 to 1.5 Point. 15. Hours of operation. The licensee violates hours of operation as defined in section 5-12- 13, Nampa City Code. .5 to 1.5 Points. 16. Property maintenance. The licensee violates the International Property Maintenance Code, as adopted by Title 4, Chapter 11, Nampa City Code. .5 to 1.5 Point.  17. General violations. All other violations of law or the City Code. .5 to 3.5 Points. 18. Site specific DUI. A patron of a licensee that receives a DUI in Nampa City limits immediately following his/her leaving the licensed premises, and under facts and circumstances that give law enforcement credible evidence that the cause of the DUI was alcohol consumed from the licensed premises. 1.0—4.0 Points. 19. Any violation of the requirements of section 5-12-3.B. .5—2.5 Points. The Nampa Police Department requests the Committee meet to review this report, the Alcoholic License Point System (ALPS) listed above and determine whether there is probable cause to believe that a licensee or an employee or agent of a licensee committed a license violation, and if so, determine the points appropriate for violations that may have occurred. Respectfully submitted, ________________________ Lieutenant Jamie Burns Nampa Police Department