TO: Mike Wildgen, City Manager
CC: Dave Corliss, Assistant City Manager/Director of Legal Services
Debbie Van Saun, Assistant City Manager
Brad Hoff, Management Assistant
FROM: Frank S. Reeb, Administrative Services Director/City Clerk
DATE: January 14, 2003
RE: City of Pittsburg Food Sales Ordinance Enforcement
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During the review of the BrewHawk’s initial drinking establishment license application, the Commission asked for information on how the City of Pittsburg, Kansas enforces its food sales ordinance.
First, it is important to note that the City of Pittsburg’s food sales ordinance differs from ours. It was adopted to address concerns with underage drinking and not necessarily to reduce the number of bars or drinking establishments in a particular area of town. Pittsburg’s food sales ordinance provides that businesses which sell alcohol and which derive at least 70% of gross revenues from the sale of food for consumption on the premises may allow persons under the age of 21 to enter and remain on the premises without being accompanied by a parent or legal guardian. Drinking Establishments that do not meet the 70% food sales requirement may not allow persons under age 21 to enter or remain on the premises without being accompanied by a parent or legal guardian. This ordinance applies to all areas of the city and is not limited to a particular type of zoning district. A copy of the ordinance is attached.
The City of Pittsburg enforces its food sales ordinance through its Police Department. A small number of law enforcement officers were trained by Kansas Department of Revenue audit staff on how to conduct a food sales audit. Any drinking establishment renewing its license, or an initial applicant, must prove, through specific source documents, that it meets the food sales requirement. In other words, the burden is on the establishment to prove it meets the food sales requirement rather than the City proving that it does not. The specific source documents that are presented and examined by police officers include liquor purchase invoices, daily/monthly bookkeeping summaries, check registers, bank statements, sales invoices, etc. These are the same records that are required to be maintained by the State and that are subject to Department of Revenue audit inspection.
In addition to reviewing source documents, a police officer performs a walk thru of the premises. The walk thru includes examining the kitchen area, the food storage and food preparation areas, and examining the type and quantity of food inventory on hand. A review of the menu and drink price list is also done at this time.
All of this information is reviewed and a detailed three page “Food/Alcohol Sales Analysis Sheet” is prepared (a copy of such an “Analysis Sheet” is attached). A determination is then made as to whether the establishment has met the food sales requirement. If the establishment has not met the food sales requirement, the establishment is cited for violating the ordinance and the standard misdemeanor prosecution procedures are followed.
Lastly, both the Chief of Police, Mike Hall, and Deputy Chief, Mendy Hulvey, stated the City of Pittsburg might soon review its own food sales ordinance. At a minimum, the City is considering adding compliance procedures to the ordinance. There has also been some preliminary discussion about making substantive changes to the food sales ordinance.