CITY OF BOISE To: FROM: Mayor and Council Ralph Blount, Assistant City Attorney ORDINANCE or RESOLUTION NUMBER: DATE: Friday, April 17, 2009 SUBJECT: A Request for Approval: Amendment of Boise City Code Title 5, Chapter 7, Sections 1, 3, and 4, pertaining to server training and setting forth a compliance date for enforcement, clarifying that all servers of alcohol are required to receive approved training by the latter of compliance date for enforcement or within 60 days of hire, and partially exempting existing social clubs and fraternal organizations. ACTION REQUIRED: Approval of Amendments of Boise City Code Title 5, Chapter 7, Sections 1, 3, and 4, and their respective summaries effective. RECOMMENDATION: Approve the Ordinance FISCAL IMPACT/BUDGET IMPLICATIONS: None BACKGROUND: At the request of the Mayor, the Legal Department has reviewed Title 5, Chapter 7, the server training ordinance, and recommends amendments to: (1) set forth a compliance date for enforcement of July 1, 2009, to ensure licensees have adequate time to comply with the alcohol server training requirement; (2) clarify that all servers of alcohol are required to receive approved training by the latter of compliance date for enforcement July 1, 2009 or within 60 days of hire; and (3) to partially exempt bars within social clubs and fraternal organization lodges operating as club licensees defined in Idaho Code 23-903 on January 1, 2009. Club licensees are bars that only serve bona fide members of the club and bona fide members guests. Server training for all members would be onerous, burdensome, and costly and the goal of responsible alcohol service for club licensees is satisfied by requiring that one supervising Server of Alcohol who has completed an approved server training course be on the premises during operating hours.
ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY AN ORDINANCE AMENDING BOISE CITY CODE TITLE 5, CHAPTER 7, SERVER TRAINING ORDINANCE; SETTING FORTH A COMPLIANCE DATE FOR ENFORCEMENT; CLARIFYING THAT ALL SERVERS OF ALCOHOL ARE REQUIRED TO RECEIVE APPROVED TRAINING BY THE LATTER OF COMPLIANCE DATE FOR ENFORCEMENT OR WITHIN 60 DAYS OF HIRE; PARTIALLY EXEMPTING EXISTING SOCIAL CLUBS AND FRATERNAL ORGANIZATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Office of the Mayor has received numerous requests from alcohol licensees for an extension of time to comply with the alcohol server training requirements enacted by the City of Boise on November 18, 2008, and outreach and education efforts by the City of Boise are continuing; WHEREAS, the Office of the Mayor has received requests from club licensees defined in Idaho Code 23-903, requesting a partial exemption on the ground that such bars only serve bona fide members of the club and to bona fide members guests, and server training for all members would be onerous, burdensome, and costly; therefore: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: follows: Section 1. That Title 5, Chapter 7, Boise City Code, is hereby enacted to read as Section 5-07-01 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. O-25-09
B. Approved Server Training A program approved by the Chief of Police as indicated in Section 5-07-02, which is designed to educate servers of alcohol on laws and rules regarding the sale and service of alcoholic beverages, the effects of alcohol on the human body, methods of identifying intoxicated persons and refusing to sell or serve alcohol to those persons, and methods for checking and identifying legal identification. C. Chief of Police The Chief of the Boise Police Department or designee. D. Licensee The person to whom a valid license to retail liquor by the drink or beer and wine by the drink is issued by the Idaho State Police. A Club Licensee is a Club as defined in Idaho Code 23-902(1) and possessing a Club License as defined in Idaho Code 23-903 on January 1, 2009. E. Server of Alcohol Any person serving or selling any alcoholic beverages, including spirits, wine or beer for consumption on a licensed premise as a requirement of his or her employment and any person managing those employees. Servers of alcohol include waiters, waitresses, bartenders, and managers of waiters, waitresses and bartenders. Section 5-07-02 APPROVED SERVER TRAINING A. Only the server training programs listed in this section or equivalent programs as approved by the Chief of Police will be recognized as complying with the provisions of this Chapter. Approved server training programs must include an examination covering the following topics: monitoring a patron s behavior, recognizing intoxicated patrons, checking identification, recognizing false and altered identification, providing alternatives to alcoholic beverages, problem solving in dealing with intoxicated and/or belligerent patrons and Idaho laws and rules pertaining to alcoholic beverages. B ServSafe Alcohol programs of the National Restaurant Association Educational Foundation comply with the requirements of this Chapter. C. TIPS Training for Intervention Procedures programs of Health Communications, Inc. complies with the requirements of this Chapter.
D. Learn2Serve training for on premise servers and sellers of alcohol complies with the requirements of this chapter. Section 5-07-03 SERVER TRAINING REQUIREMENTS A. Unless already certified, a Server of Alcohol as defined in this Chapter must complete an Approved Server Training Program by July 1, 2009, or within sixty (60) days of the date the alcohol server begins employment at a licensed establishment and must maintain that certification throughout his or her employment as a Server of Alcohol. B Licensees operating establishments where alcoholic beverages are served and consumed on the premises must ensure that each Server of Alcohol employed on the premises is either already certified or completes an Approved Server Training Program by July 1, 2009, or within sixty (60) days of the date the server begins employment at the establishment and that each Server of Alcohol maintains that certification throughout his or her employment as a server of alcohol. Club Licensees are required to have no less than one Server of Alcohol, whether employed or a volunteer, on the premises at all times to supervise the service of alcohol to members and the guests of members. Club Licensees are required to ensure that all supervising Servers of Alcohol have completed an Approved Server Training Program by July 1, 2009, or prior to supervision the service of alcohol to members and the guests of members. C. Servers of Alcohol must maintain records of their training and show proof of current certification upon request to officers of the Boise Police Department or other law enforcement officers. D. Licensees must maintain training verification records or proof of current certification for each server employed and must present those records upon request to officers of the Boise Police Department or other law enforcement officers. Club Licensees must maintain records of training and show proof of current certification for each supervising Server of Alcohol and must present those records upon request to officers of the Boise Police Department or other law enforcement officers.
Section 5-07-04 ENFORCEMENT A. Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, can be fined in an amount not exceeding one thousand ($1,000.00) dollars or be imprisoned for a period not exceeding six (6) months or be both so fined and imprisoned. B. With the exception of Club Licensees, it is the City of Boise s intent that this ordinance stand alone and that violations of this ordinance not subject Licensees to the administrative procedure for suspension, revocation or refusal to renew licenses outlined in Idaho Code 23-933. Violations of any Chapter of this ordinance by a Club Licensee shall be referred to Alcohol Beverage Control for administrative action outlined in Idaho Code 23-933., 2009. PASSED by the Council of the City of Boise, Idaho, this day of, 2009. APPROVED by the Mayor of the City of Boise, Idaho, this day of ATTEST: APPROVED: CITY CLERK MAYOR
STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The Undersigned, RALPH R. BLOUNT, in his capacity as Assistant City Attorney of the City of Boise City, Idaho, pursuant to Section 50-901A(3) of the Idaho Code, as amended, hereby certifies that he is a legal advisor of the city and has reviewed a copy of the attached Summary of Ordinance No. of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequate notice to the public. DATED this day of, 2009 RALPH R. BLOUNT Assistant Boise City Attorney SUMMARY OF ORDINANCE NO. OF THE CITY OF BOISE CITY, IDAHO PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular meeting of, 20, that Ordinance No. entitled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 5, CHAPTER 7, SERVER TRAINING ORDINANCE; SETTING FORTH A COMPLIANCE DATE FOR ENFORCEMENT; CLARIFYING THAT ALL SERVERS OF ALCOHOL ARE REQUIRED TO RECEIVE APPROVED TRAINING BY THE LATTER OF COMPLIANCE DATE FOR ENFORCEMENT OR WITHIN 60 DAYS OF HIRE; PARTIALLY EXEMPTING EXISTING SOCIAL CLUBS AND FRATERNAL ORGANIZATIONS; AND PROVIDING AN EFFECTIVE DATE The Ordinance amends Boise City Code Title 5, Chapter 7, Sections 1, 3, and 4, entitled through 13, entitled Server Training ; providing a compliance date for enforcement of July 1, 2009, clarifying that all servers of alcohol are required to receive approved training by the latter of compliance date for enforcement July 1, 2009 or within 60 days of hire; and partially exempting bars within social clubs and fraternal organization lodges operating as club licensees defined in Idaho Code 23-903 on January 1, 2009 from the requirement that all servers of alcohol complete an approved server training course. Section 1 provides a definition of club licensee as defined by Idaho Code 23-902(1). Section 2 requires club licensees to have no less than one server of alcohol who has completed an approved server training program on the premises to be responsible for and supervise the service of alcohol at all times to members and guests of members and to maintain records of training and certification of supervising servers of alcohol. Section 4 provides for referral of server training ordinance violations by club licensees to Alcohol Beverage Control for administrative action outlined in Idaho Code 23-933. 1
The effective date of the Ordinance is the date of its passage, approval and publication. A copy of the full text of the Ordinance is available at City Hall, 150 North Capitol Boulevard, in Boise, Idaho, in the City Clerk's Office, 1st floor. Examination or copies may be requested in writing or in person during regular business hours of the City Clerk, from 8:00 a.m. to 5:00 p.m. pursuant to the Open Records Act, Idaho Code Title 9, Chapter 3.. DATED this day of, 2009 City of Boise City, Idaho By: DAVID H. BIETER MAYOR ATTEST: By: CITY CLERK 2