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Home My WebLink About2006-07-10 06-259 ORDERItem NIII 259 Date: July 10, 20% Item/Subject: ORDER, Authonnng Execution of Memorandum of Understanding with State of Maine Department of Public Safety— Liquor Enforcement Responsible Department Police/Legal In 2003 the Maine Legislature eliminated the Bureau of Liquor Enforcement and in 2005 enacted legislation to pent Me Department of Public Safely to enter into memorandums of understanding with municipalities for local law enforcement to enforce administrsUve Ablations. The Bangor Police Oepartmentanticipates thatemedng intothismemorandum will improve the Department's ability to respond to administrative violations of liquor regulationsand will not result In a signfiwntaciditional woiMoad for the Department. Please see the attached memo from Chief Winslow. "is Order will autholse the execution of a Memorandum of Understanding. The G nnment Operations Committee recommends approval. Department Head Recommend approval, as does the Government Operatiore Committee. Aszaclated Information: Memorandum of Understanding Legal Approval: SOIlcimr X passage Most Reading page 3 of —Z Referral 06 259 A gnedw Couwiw Palmer July 10, 2006 CRt i l,, rV CITY OF BANGOR (TITLE.) ORDER, Authorizing Eaecubon of Memorandum of Understanding vAM State of Maine Department of Public Safety— Uquor Enforcement WHEREAS, in 2003 the Legislature of the State of Maine eliminated the Bureau of Liquor Enforcement and transferred the responsibilities of licensing and administrative enforcement to the Maine Department of Public Safety Liquor and Licensing Unit; and WHEREAS, in 2005 the Legislature of the State of Maine enacted legislation granting the Maine Department of Public Safety the authority to enter into memorandums of understanding with county and loot law enforcement agencies to enforce adminlstrative violations; and WHEREAS, the Maine Department of Public Safety Liquor and licensing Unit has requested to enter Into a Memorandum of Understanding with the City of Bangor; and WHEREAS, authority of the,BaOgor Police Department to enforce administrative violations Is in the Interest of the citizens of Bangor; NOW, THEREFORE, BE 7 ORDERED BY THE CITY COUNCIL OF THE CRY OF BANGOR THAT the Chief of the Bangor Police Department Is hereby authorized to execute a Memorandum of Understanding, in a form substantially the same as attached hereto. The Memorandum of Understanding shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN cin COU*M July 10 2006 Yaaead p 06-359 u� ORDER (19'19.eJ Authorizing Execution of Memorandum of Poderatandiag Hth State of Meinu Geoantmeot of Publlc Safetv - Liwor Enforcement STATE OF EIAME 06 259 Department of Public Safety . LiguorLicensing' Memorandum of Und standing John Ella, 9aldaun Michael P. Callan Gawrnor COMMUsiooer I. PARTIES This document constitutes an agreement between the State of Maine Department of Public Safety Liquor Licensing Division and Bangor Police Department. 11. PURPOSE A. Background In June of 2003 the State of Maine Legislature eliminated the State of ` Maine Bureau of Liquor Enforcement. The responsibilities of licensing and administrative enforcement were transferred within the Department of Public Safety to the Liquor and Licensing Unit Once Me transfer of responsibility was complete, it was determined that the Bureau of Liquor ;Enforcement officers were the only sworn lacy enforcement officers who had the authority to enter an establishment licensed M sell liquor for the sole purpose of enforcing administrative violations as defined in Title 28 -A ofmeMaine Revised Statutes Annotated. This lack of authority of Idcal law enforcement to enforce the administrative violations prompted the 122W Maine legislature to pass LD 620 -An Act to Clarify the Liquor Enforcement Laws, which was signed into law on May 20, 2005. This law granted the Department of Public Safety the authority to enter into memorandums of understanding with county and local law enforcement to enforce specific administrative violations listed in the agreement. oRw LowIM 9 CENTRAAMNNE COMMERCE CENTER 45Cvmmaae DMe Suite 1, AUGUSTA, ME CQ30 ('anj6 n:e mi634]I34lircunvgaeE Wpeum, mn2vI cAFAY ROi 626]13nhhNe W Tag 05.259 B Purpose The purpose of this Memorandum is to establish a framework for cooperation between the Department of Public Safety Liquor Licensing Unit and county and municipal law enforcement agencies to strenglhen efforts to coordinate enforcement of administrative violations in relation to liquor. The Parties do not intend this Memorandum to create binding legal obligations. III. SCOPE The authority granted under this agreement by the Commissioner of the Departinent of Public Safety allows Bangor Police Department to enter into establishments licensed tc sell liquor for the sole purpose of checking for the following administrative violations as defined in Title 26 -A and the Rules and Regulations of the Deparhnent of Public Safety Bureau of Liquor Licensing: A. Sale of liquor to a minor (on premise) - 705 part- 3(E) B. Sale of liquor to a minor (off premise) -§ 705 part -2(E) C. Sale of liquor to a minor (agency store) - § 334 D. Allowing possession or consumption of liquor by a minor (on premise) -§705 part -4 E. Allowing a minor to remain in a hotel lounge -§ 1061 part -2 F. Allowing a minor to remain in a Class A lounge - §1065 part -4 G. Sale of liquor to a visibly intoxicated person (on premise) -§ 705 part - 3(A) H. Sale of liquor to a visibly intoxicated person (off premise) - § 705 part - 2(A) I. Sale of liquor to a visibly intoxicated person (agency stare) - § 354 J. Sale of liquor during prohibited hours -§4 part -1 2 WIM K. Allowing consumption/ possession of liquor during prohibited hours - §4 part -2 L, Sale by underage employee (on premise) -§704 M. Sale by underage employee (off premise) -§1202 N. Allowing consumption of liquor in a retail store - §1206 O. Allowing employees/ entertainers to consume while on cluty- P. Allowing a visibly intoxicated person to remain on a licensed premise- R&R 1.8 0. Allowing a violation of law on the licensed premise - R&R 1.13 R. Allowing a visibly intoxicated person to consume liquor on the premise - R&R 2.1 The authority delegated herein does not include the authority to conduct compliance checks invoking Iew enforcement officers and underage buyers without the specifc gmht of that authority by the Commissioner. Specific grant of that authority shall in any event be subject to conditions established by the Commissioner requiring among other things, conformance with the Department of Public Safety's protocol and training. IV. RESPONSIBILITIES OF THE PARTIES; A. General t) The parties agree to work together to coordinate efforts to encourage compliance with the administrative liquor violations outlined above. 2) The parties agree to follow the process set forth in the Maine Department of Public Safety Liquor Licensing Administrative Violation Protocol attached hereto and incorporated herein for reference. 06 259 3) The parties agree that the standards set in this agreement will be followed to the best of each party's ability and carried out with integrity and professionalism. 4) The parties agree to communicate as necessary to ensure that this agreement is carried out and to address any problems that might develop during the course of coordination efforts. B. Liquor Licensing: 1) The Liquor Licensing Unit will maintain a database of all violations issued and dispositions rendered to be used for future licensing functions. - 2) The Liquor Licensing Unit will offer any technical assistance, when practical, in helping be local authorities in executing the terms of the agreement. 3) The Liquor Licensing Unit will assist, when practical, in supplying training for the local authorities that enter into this agreement. 4) The Liquor Licensing Unit will continue to accept referrals and take enforcement action against those licensees that commit administrative violations not listed in this agreement. 5) The Liquor Licensing Unit will administer the consent decree process as a method of controlling the flow of violations into the court system. C. Bangor Police Department 1) Will monitor the licensed establishments in their jurisdiction and take the necessary enforcement action as outlined in this agreement. 2) Will send the original of any notice of violation (citation), served on a licensee, together with a report to the Liquor Licensing Unit within five days of the issuance of the citation. 3) Will follow the procedures for citations as prescribedby the administrative violation protocol. 0 l.�'•1•'�9` 4) Will provide testimony and serve subpoenas on necessary witnesses for any further action taken by The Department of Public Safety Liquor Licensing Unit in relation to the administrative violations written under this agreement. - V. PERIOD OF AGREEMENT AND MODIPICATIONNERMINATIOM This agreement w1i be reviewed one year from the signing date and annually thereafter to ensure Nat both parties are maintaining their responsibilities as outlined herein. Both parties must agree to any modifications of the agreement before the modification will take effect. Either party may terminate this agreement at any time without showing cause. Michael P. Contain Commissioner Department of Public Safety Donald J. Winslow Chief Bangor Police Department