Stillwater Alcohol Amendment Passes, Penalty Will Be 'Pretty Draconian,' Police Chief Says

The Stillwater City Council on Tuesday night unanimously approved an amendment to the city's liquor ordinance.

The amendment is aimed at “improving conduct” at some drinking establishments in downtown Stillwater.

From now until the end of the year, city staff will work out the details of how conduct-related incidents and violations will impact the establishment's liquor license, Stillwater City Attorney Dave Magnuson said.

The amendment reads that an establishment may be cited after any combination of 10 conduct-related violations—within a one-year period—within a drinking establishment and on the licensed premises.

If five citations for unlawful conduct are issued within a calendar year, a designated member of the Stillwater Police Department must meet and confer with the liquor license holder; and a copy of any citation must be sent in the mail to the liquor license holder.

Looking back, Stillwater Mayor Ken Harycki asked, would any bar or restaurant bump up against 10 conduct-related violations in one year?

"Oh yes," Stillwater Police Chief John Gannaway said. "It's usually one every so often that this ordinance will be designed to handle."

The response to habitual offenders of the liquor ordinance "will be pretty draconian," Gannaway said. "This is an establishment we are having major issues with and they are not receptive to us working with them." 

UPDATED FROM:

The Stillwater City Council on Tuesday will take up the second reading of a proposed amendment aimed at giving the city’s liquor ordinance “more teeth.”

In October, the Stillwater City Council unanimously approved the first reading of an amendment aimed at “improving conduct” at some drinking establishments.

Currently, the city’s ordinance covers a variety of issues ranging from selling alcohol after hours and serving minors to tax evasion, but nothing that holds liquor license holders accountable for the conduct in and around their establishment, City Attorney David Magnuson has said.

The new amendment to the city ordinance includes several provisions that define “habitual violators” and would allow the city to issue citations for violations that are found by the city to be unacceptable.

If the amendment passes, the city's liquor code would include disorderly conduct, assault, unlawful assembly, noise violations and trespassing.

But after hearing concerns from a group of Stillwater restaurant owners—about the ambiguity of the language in the amendment, a lack of discourse between city officials and liquor-license holders and the uncertainty of the financial consequences of the amendment—the council tabled the proposal to engage in more discussion.

The bar owner’s group and the police chief have met to discuss the proposed amendment, and Stillwater Mayor Ken Harycki said it’s his understanding that the new language was mutually agreed upon.

The first reading of the proposed amendment read that any combination of six conduct-related incidents reported at a drinking establishment—as well as on the streets and sidewalks adjacent to the bar—could mean a violation and citation.  

The revised proposal reads that an establishment may be cited after any combination of 10 conduct-related incidents reported—within a one-year period—within a drinking establishment and on the licensed premises.

If five citations for unlawful conduct are issued within a calendar year, a designated member of the Stillwater Police Department must meet and confer with the liquor license holder; and a copy of any citation must be sent in the mail to the liquor license holder.

The Council will vote on the second reading of the proposed amendment to “Stillwater Liquor Code Chapter 43” at 7 p.m. Tuesday at City Hall.