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HomeMy WebLinkAboutCSD-08-090 - Municipal Alcohol PolicyJ KrT~~R Community Services Report To: Community Services Committee Date of Meeting: November 17, 2008 Submitted By: Mark Hildebrand, Director of Community Programs and Services Prepared By: Wynne Dawson, District Facilitator (ext. 2755) Ward(s) Involved: All Date of Report: November 6, 2008 Report No.: CSD-08-090 Subject: MUNICIPAL ALCOHOL POLICY RECOMMENDATION: That Council Policy I-325, Municipal Alcohol Policy, attached to Report No. CSD-08-090 be approved and replace current Policy I-325, Municipal Alcohol Policy-Special Occasion Permits. BACKGROUND: Kitchener City Council first approved a Municipal Alcohol Policy (MAP) in 1993. The MAP was developed to address alcohol consumption in City of Kitchener facilities. This policy is intended to reduce alcohol-related issues, which arise from alcohol consumption within City facilities, and at the same time promote a safe, enjoyable environment for those who use City of Kitchener facilities. The MAP outlines various stipulations/controls put on the Licensee(s) of Special Occasion Permit (SOP) functions and/or liquor licensed events under a caterer's endorsement. This policy was last amended in January 2006. REPORT: In 2001, the Community Services Department initiated a rental committee to examine procedures and policies regarding rentals of City facilities. This committee, comprised of staff from a variety of City of Kitchener facilities, has undertaken the current review and update of the Municipal Alcohol Policy. The revised 2008 Municipal Alcohol Policy, as attached, outlines all of the responsibilities, controls, and procedures for both City of Kitchener staff as well as the general public, in hosting an alcohol-related event in a City of Kitchener facility. It is the intent of this document to ensure a safe and enjoyable event for both patrons and staff. Report No.CSD-08-090 Page 2 The recent revisions to the current Municipal Alcohol Policy reflect the following: • amendments and additions to the list of City of Kitchener facilities designated as suitable for events with alcohol • updated information from the Alcohol and Gaming commission • a summary of important information within the document for the event Licensee • updates to make the document easier to read and understand The revised MAP, as attached, was recently submitted to the Region of Waterloo for evaluation within the Municipal Alcohol Policy Blue Ribbon Quality Measure Form. This tool measures and ensures appropriate standards for Municipal Alcohol policies throughout the Region. The revised 2008 MAP achieved a grade of 95% within this evaluation. FINANCIAL IMPLICATIONS: The addition of several additional facilities in this policy, such as the Activa Sportsplex, may result in additional revenues for the City of Kitchener through alcohol-related rentals. COMMUNICATIONS: After the revised policy has been approved, the committee along with the Communications Department will produce a document that will be distributed to Licensees and staff to reference and follow. CONCLUSION: The updated 2008 Municipal Alcohol Policy provides a resource that outlines expectations for City of Kitchener staff and the general public (Licensees) as well as defines the necessary stipulations & controls to ensure a safe and enjoyable alcohol-related event at a City of Kitchener facility. Mark Hildebrand Director, Community Programs and Services Att. POLICY NUMBER: I-325 DATE: POLICY TYPE: Facility SUBJECT: Municipal Alcohol Policy (MAP) November 17, 2008 POLICY CONTENT: PIIRP(1~F~ Kitchener City Council first approved a Municipal Alcohol Policy (MAP) in 1993, which was developed to address alcohol consumption in City of Kitchener (City) facilities. This annually reviewed policy is intended to reduce alcohol-related problems, which arise from alcohol consumption within City facilities and at the same time promote a safe, enjoyable environment for those who use our facilities. SCOPE: The MAP outlines various stipulations/controls put on the Licensee(s) of Special Occasion Permit (SOP) functions and/or a liquor licensed event under a caterer's endorsement. Facility supervisors and/or their designate of the Community Services Department will be responsible for ensuring the Licensee has implemented and follows the MAP at their event. THE LICENSEE AND SOP HOLDER ARE LEGALLY RESPONSIBLE. PLEASE READ SECTION 2 TO UNDERSTAND YOUR RESPONSIBILITIES In order to assist you in having a successful event at City facilities, we have listed some important information. - The City's MAP has been developed to ensure the safety and enjoyment of patrons using City facilities for events where alcohol is being served. Licensees are required to abide by this policy and the Liquor Licence Act when planning and hosting events. - The person that signs the SOP (Licensee or designate) must attend the event for the duration, be responsible for making decisions regarding the operation of the event and must remain accountable by not consuming any alcohol. - Your original SOP (with any updates) must be posted in the bar for the duration of the event. - All liquor, wine & beer needs to be purchased with the SOP. Proof of this must be provided at the event. Receipts need to have the SOP number on them. These purchase orders and levy receipts must match the amount of alcohol in the bar for the event and will be posted with the SOP. - The Smart Serve or Server Intervention Program (SIP) certificates and photo identification (ID) of all bartenders must be available and shown to staff upon request at the time of your event. - Any activity that, in the sole opinion of City staff or agent of the City is deemed inappropriate and not ceasing immediately upon being so advised, will result in the event being immediately shut down. - Final payment is due two weeks before your event together with copies of your required documentation including but not limited to; SOP, Bartender Certification Certificate~s7, and Certificate of Insurance. - The Licensee must implement a safe transportation program. THE LICENSEE AND SOP HOLDER ARE LEGALLY RESPONSIBLE. PLEASE READ SECTION 2 TO UNDERSTAND YOUR RESPONSIBILITIES THE POLICY: SECTION 1: Alcohol Usage at City of Kitchener Facilities 1.1 That the following City facilities and areas are designated as suitable for SOP events subject to the Licensee obtaining an SOP or a Liquor Licence under a caterer's endorsement, from the Alcohol and Gaming Commission of Ontario and agreeing to conditions as set out by the city. - Activa Sportsplex - Breithaupt Community Centre - Bridgeport Community Centre ** - Centreville Chicopee Community Centre - Chandler Mowat Community Centre - City Hall and Civic Square - Country Hills Community Centre - Don McLaren Arena - Doon Pioneer Park Community Centre - Doon Valley Golf Course Clubhouse *** - Downtown Community Centre - Forest Heights Community Centre - Grand River Arena - Grand River Recreation Complex - Kitchener Farmers' Market - Kitchener Memorial Auditorium Complex ** - Lions Arena - Lions Arena Community Hall - Mill Courtland Community Centre - Peter Hallman Ball Yard - Queensmount Arena - Rockway Centre - Rockway Golf Course Clubhouse *** - Stanley Park Community Centre - Victoria Park Pavilion ** some in-house policies and guidelines apply *** No SOP allowed at the two municipal golf courses, however, hall is licensed and available for rent For more information regarding these facilities and any updates, please visit www.kitchener.ca. 1.2 That the following City facilities and areas are designated as not suitable for SOP events or a liquor licensed event under a caterer's endorsement: - Breithaupt Centre pool area, viewing lounge, dressing rooms, solarium - Cameron Heights Pool - Dressing rooms in all community arenas and Kitchener Memorial Auditorium Complex - Forest Heights Pool - Harry Class Pool - Idlewood Pool - Kingsdale Community Centre - K-W Judo Gymnastics Training Centre - Lyle Hallman pool area and change rooms - Victoria Hills Community Centre - Wilson Pool For more information regarding these facilities and any updates, please visit www.kitchener.ca. 1.3 That all City open parks, sports fields, trails, playgrounds and related areas such as parking lots are designated as not suitable for SOP or liquor licensed events, in accordance with municipal, provincial and federal laws and regulations (No. 270.8.1 in the City of Kitchener Municipal Code). However, an exception could be made in the case of a City of Kitchener Council approved event in a clearly designated and restricted area SECTION 2: Conditions for Liquor Licensed Events 2.1 Smart Serve or SIP Training That in order to be eligible to rent a City facility for SOP functions or liquor licensed events, the Licensee must provide an individual(s) to be a bartender who has attended a recognized bartending course (Smart Serve or SIP). The Licensee must provide proof of certification a minimum of two weeks prior to the event to the facility supervisor and/or their designate to authenticate same (refer to Section 2.3 - 10). NOTE: In June 1995, the SIP training was replaced by Smart Serve. All SOP or liquor licensed events must have one Smart Serve or SIP trained bartender per 125 patrons (regardless of patron's age). 2.2 Safe Transportation Upon renting a City facility for SOP functions or liquor licensed events, the Licensee must implement a safe transportation program by: - providing non-alcoholic beverages either at no charge or at a cost much lower than that of drinks containing alcohol - providing an alternate means of transportation for those who are suspected to be intoxicated, i.e. call a friend, relative or taxi; call police to warn of a driver who is suspected to be impaired - providing a Designated Driver (DD) program which clearly identifies the DD 2.3 Controls That in orderto be eligible to rent a Cityfacilityfor an SOP event or a liquor licensed event under a caterer's endorsement, the Licensee must demonstrate to the satisfaction of the facility supervisor and/or their designate that the MAP is understood and enforced. These controls will include the following: 1. The Licensee must obtain an SOP from the Alcohol and Gaming Commission of Ontario or a copy of a Liquor Licence under a caterer's endorsement and must show proof of this to the facility supervisor and/or their designate at least two weeks prior to the event. 2. The Licensee must abide by the rules of the Liquor Licence Act and the MAP as enforced by City staff. 3. Any activity that, in the sole opinion of City staff or agent of the City is deemed inappropriate and not ceasing immediately upon being so advised, will result in the event being immediately shut down. 4. The person(s) who signs the SOP and the Rental Agreement must attend the event for the duration and be responsible for making decisions regarding the operation of the event. The Licensee and SOP holder are legally responsible. If in an emergency this person is unable to attend, they then must designate a person to attend. The permit holder/responsible person must obtain the designee's written consent as identified on the back of the SOP. The permit holder/responsible person must notify the facility supervisor and/or their designate in advance if possible. If this is not possible, the designated responsible person must advise City staff prior to the beginning of the event. 5. The Licensee and SOP holder or designate(s) are responsible for decision- making during the event and therefore must remain accountable by not consuming any alcohol. All City of Kitchener staff and all event workers must also remain accountable by not consuming any alcohol so they can be available to assist in maintaining control at the event. 6. It is the responsibility of the Licensee to ensure the guests at the event are properly supervised and ensuring no one consumes alcohol in an unauthorized location. 7. It is the responsibility of the Licensee to ensure there are sufficient door supervisors (monitoring all entrance and access points to ensure controls are properly managed) and floor supervisors (assisting in managing a person who is refused sale). All event workers must be clearly identified and the number should be based on a suitable ratio of workers to guests. 8. The Licensee with the assistance of City staff on duty must ensure the physical setting is safe at all times. 9. City staff reserves the right to require the presence of police or security officers, the cost of which will be borne by the Licensee. 10. In order to rent a City facility for an SOP function or a licensed event under a caterer's endorsement, the Licensee must provide a bartender(s) who has completed a Smart Serve or SIP course; proof of certification must be provided two weeks prior to the event. All SOP events (including No sale reception) must have one Smart Serve or SIP trained bartender per 125 patrons (regardless of patron's age). 11. The Licensee must advise the bartenders that they will be required to provide photo ID to City staff working at their event. 12. All bartenders must not consume any alcohol. 13. The sale and service of alcohol must be within the bar hours based on the start and finish times listed on the original SOP. The SOP must be posted in the bar for the duration of the event. On New Year's Eve, the bar may remain open until 2:00 a.m. as listed on the original SOP. All alcohol and its containers (which include empty glasses and bottles) must be cleared away within 45 minutes of the bar finish time as listed on the original SOP. 14. No one under the age of 19 (minors) will be served alcohol. Minors are not allowed to consume alcohol on the premises. The following can be accepted as forms of photo ID: - An Ontario driver's licence - A Canadian passport - A Canadian citizenship card - A Canadian Armed Forces card - A BYID (Bring Your Identification Card) photo card issued by the Liquor Control Board of Ontario - A Government issued passport or equivalent means of ID (including photo and date of birth) for out of country guests Guests may be refused service if the acceptance of ID is questionable. 15. Marketing practices which encourage increased consumption, not limited to, oversized drinks, double shots of alcohol, drinking contests and discounts, are not permitted. 16.Alcohol cannot be raffled or given as a prize at any event. 17. Pre-made alcoholic drinks, not limited to, Jello shooters, punches, etc. are not allowed unless made onsite by designated Smart Serve or SIP trained bartender(s). Sealed pre-made drinks purchased with the SOP will be permitted. 18. Home made alcohol is not allowed at any SOP function with the exception of home made beer or wine at a religious function listed under a No sale reception permit. 19. The Licensee must provide non-alcoholic beverages (i.e. coffee, pop, juice). A minimum of 1/3 (one third) of all alcohol available, must be low alcoholic drinks (i.e. 2.5% and 4% light beer}. 20. A person may be served a maximum of two drinks at any one time. 21. A person may purchase a maximum of four tickets at any one time. Unused tickets will be redeemable for cash at any time during the event. 22. There will be no "last call". 23. Alcohol cannot be left available for self serve. An exception will be made when wine or punch are provided during the meal; at which time the bar is to remain closed. 24. Where wine is provided with ameal, a no-alcohol substitute (i.e. water, pop or juice) must be provided to ensure that children and abstainers are included in toasting the celebrants. 25. As identified on the back of the SOP, food must be served and promoted for the event. Snacks are not adequate. 26. Keep all bottles within the bar area; serve all drinks in disposable or plastic containers. 2.4 Insurance That any individual/group/organization renting City facilities for the purpose of an SOP event, will be required to have $2,000,000 of liability insurance coverage. Failure to provide proof will void the rental. The Licensee must provide the City with a Certificate of Liability insurance, which includes the following information: - policy # - company name - expiry date - amount of insurance coverage - an endorsement from the insurance company that they are aware of the SOP event and that coverage is in place -include date and location of the event - the Corporation of the City of Kitchener named as an additional insured on the policy - the coverage must include host liquor liability SECTION 3: Other 3.1 Signage Unless previously approved, where children and youth are allowed entry, the Licensee shall not display signage that advertises the promotion of alcohol products or brand names. That the City and/or Licensee shall prominently display the following signs in appropriate areas for all SOP functions: 1. The Corporation of the City of Kitchener strives to provide rental facilities for the enjoyment of all members of the community. We honour the rights of everyone, including those who choose to abstain, and welcome their participation in social events. For your safety and enjoyment, please note the following policies; - All Licensed events must adhere to the Municipal Alcohol Policy, the Liquor Licence Act of Ontario and the Community Services Department Terms and Conditions Facility Rental Agreement. Failure to do so will be subject to the immediate shut down of an event. - Bartenders are required bylaw a. to be certified with Smart Serve or Server Intervention Program training. b. not to serve anyone who is or appears intoxicated or to serve anyone to the point of intoxication. c. not to serve alcohol to anyone under the legal drinking age. Acceptable proof of age isgovernment-issued photo ID. - All events must a. provide and promote low-alcohol beverages, coffee, soft drinks, and food for the entire duration of the event. b. implement a safe transportation program and remind participants of possible roadside spot checks. c. encourage and thank participants for not driving after drinking - Participants of legal drinking age may a. purchase a maximum of four alcohol tickets at any one time. b. HOWEVER, a person may only be served a maximum of two alcohol drinks at any one time. c. redeem unused tickets for cash at any time during the event. 2. The phone numbers of the City facility, Waterloo Regional Police, the Ontario Provincial Police, and the Alcohol Gaming Commission of Ontario. 3. No alcohol beyond this point. 4. Local Taxi phone numbers. 5. Please use a designated driver. Call a friend, relative or taxi. Thank you for not drinking and driving. SECTION 4: Enforcement Procedures 4.1 Enforcement That the Licensee who fails to comply with the MAP, the Liquor Licence Act of Ontario and the Community Services Department Terms and Conditions Facility Rental Agreement will be subject to any or all of the following consequences (in no particular order): - Verbal warning - Written warning - Immediate shut down of event, which may also affect future rentals On behalf of the City of Kitchener, we wish you a successful and enjoyable event.