ARC Regular Meeting

CITY OF NAMPA Alcohol Review Committee City Hall Council Chambers – 411 Third Street South October 26, 2022 3:00 PM Call to Order Roll Call (1) New Business 1-1. Action Item: Approve September 28, 2022 meeting minutes 1-2. Action Item: Review Incident Reports for possible City Ordinance and/or License Violations: a. Report #1 1-3. Action Item: Discussion of Nampa City Code 5-12-16 - Catering Permit restrictions Proposed Language: 5-12-16. - Catering permit restrictions A. An alcoholic beverage catering permit is subject to the following restrictions: B. The catering permit is designed for special occasions; applicants will not be allowed to request catering permits on a continuous basis such as social gatherings week after week at one establishment. C. Large parties or conventions held outdoors need to have a security plan in place. This information D. needs to be presented to the parks and recreation department. E. A catering permit is subject to all provisions of Nampa City Code 5-12-17 and may be assessed points, and subject to suspension or forfeiture, as set forth therein. (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 SEPTEMBER 28, 2022 Tim called the meeting to order at 3:04 p.m. Clerk Haveman took roll with the following committee members in attendance were Chief of Staff Rick Hogaboam, City Clerk Char Tim, Building Safety Director Patrick Sullivan. Nampa Police Lieutenant Jamie Burns & Planning and Zoning Director Ashby were absent. Committee member Tim was asked to chair the meeting due to Chairman Burns absence. (1) New Business Item #1-1. - Approve August 31, 2022 meeting minutes MOVED by Tim and SECONDED by Sullivan to approve the ARC Minutes of August 31, 2022 as presented, The Chairwoman asked for a roll call vote with all Committee Members voting YES. The Chairwoman declared the MOTION CARRIED Item #1-2. - Review Incident Reports for possible City Ordinance and/or License Violations: MOVED by Sullivan and SECONDED by Hogaboam that based on the incident report no points should be assessed against Buffalo Wild Wings, The Chairwoman asked for a roll call vote with all Committee Members voting YES. The Chairwoman declared the MOTION CARRIED Item #2-1. – City Clerk’s Office Char Tim reported on several alcohol licenses applications that had been received recently. Item #2-2. – Police Department No Report Given MOVED by Hogaboam and SECONDED by Sullivan to adjourn the meeting at 3:11 p.m. The Chairwoman 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: October 20, 2022 Re: Alcoholic License Point System (ALPS) Violation Incident Report Alcohol Review Committee, On October 1, 2022, the Nampa Police Department performed a “bar compliance check” at La Copa Bar, 1524 1st St N, 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 October 1, 2022, at approximately 11:43 pm, the Nampa Police Department responded to the La Copa Bar to perform a “bar compliance check” at that location. Once on scene, officers made contact with several of the bar patrons, asking them for identification while consuming alcoholic beverages at the bar. Nampa Police Officer J. Tucker indicated in his report there were approximately 100 patrons in the establishment when they went inside. Officer Tucker states in his report there were 12 subjects in the establishment without identification. Officer Tucker also states in his report there were at least four liquor bottles that did not have the required Idaho State Division Tax Stamp attached to the bottle out of the 20 bottles inspected. Contact was made with the bartender / owner, Maria Gonzalez, who told Officer Tucker the stamps must have “rubbed off”. Also during this incident, a male patron of the bar refused to identify himself to officers when they asked him for his identification. That subject was arrested and charged with failure to identify, obstruct and delay, possession of drug paraphernalia, and felony possession of methamphetamine. Officer Tucker did contact the Idaho State Police ABC division to advise them of the alcohol violations. 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