04-02-03 Health & Public Safety - Laserfiche WebLink

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Health and Public Safety Committee April 2, 2003 Page 2 At the request of a member of the public, everyone in the room then introduced themselves and the entity they represented. Kathy Cekanski Farrand, Council Attorney, noted that when Council Member Aranowski first contacted her to begin research on a proposed ordinance that he suggested that it focus on a requirement for trained security. Based on her research, it became apparent that a 4-pronged approach would be more effective,if the proposed safety regulations focused on: 1. Requiring a server training program on a regular and routine basis 2. Requiring a security personnel training program on a regular and routine basis,as well as establishing minimum numbers of such personnel and when they should be present 3. Requiring responsible management practices through written house policies 4. Establishing partnerships and open communications so that community-based initiatives and on-going communications between governmental officials,owners/managers and the surrounding neighborhood would be established and maintained The Council Attorney noted that her March 17th legal memorandum which was filed with the proposed ordinance summarized the legal authority to regulate in this area. She noted that under the provisions in Title 36 of the Indiana Code and under the "Home Rule" law in Title 36 of the Indiana Code, the Council has "police powers" to establish reasonable regulations which protect the public health, safety and welfare of its citizens. She also noted that there must be a rational basis for the proposed ordinance. The summary of calls for service which will be addressed by Police Chief Fautz , Division Chief Hassig, and Captain Shock will provide the necessary factual foundation. She noted that server training and education programs in Illinois under the BASSET program have been effective. She quoted from the study by the City of Madison, Wisconsin Police Department whose report concluded that: "...there is very strong supporting data by both location and time of day regarding the impact of alcohol abuse on police resources,victims and the community at large. ...these types of calls usually require a significant number of officers for a first response". She added that the City of New York also stresses that there is an "enormous responsibility of protecting the patrons,as well as the quality of life of neighborhood residents". The Council Attorney stated that the proposed ordinance is the first ordinance to address all four (4) public safety criteria at one time. She noted that eleven (11) states have passed state laws which require server training programs. There are several states which have enacted state laws requiring security personnel training, after tragic events took place in Ohio and Iowa. She noted that her March 24th legal memorandum (copy attached) summarizes responsible server management programs required in Florida and Louisiana and the possible results of the "responsible beverage server training programs" in Canada and in particular those in Ontario and Vancouver She noted that extensive studies have been conducted in the US, Canada, the British Kingdom, and Australia which have concluded that community-based initiatives which are designed to reduce violence in and around licensed establishments which serve alcohol have been successful. She noted that the draft ordinance is a fluid document which is the first step to generating open discussions in the effort to reaching a reasonable solution.