8.2 Minors in Drinking Est
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
8/23/04
TIME
4:00P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT:
Police
APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
2
BY: James D. Hill
BY:
ITEM:
At a recent study session, the City Commission directed staff to research and make
recommendations, for the Commission's consideration, which address the illegal consumption of
alcoholic beverages in drinking establishments by those under the age of 21 and the problems
related thereto.
BACKGROUND:
The State of Kansas has set the age of 21 as the minimum drinking age for alcoholic liquor within
the state. Numerous incidents have occurred within the City of Salina involving persons under the
age of 21 (minors) being admitted to drinking establishments and either being served or otherwise
obtaining alcoholic liquor in violation of State law. Moreover, a significant number of incidents have
occurred and continue to occur within the city, evidencing the problems associated with minors
patronizing drinking establishments, contrary to the public health, safety and welfare of Salina's
citizens.
As Mr. Kissinger recently related to the board of directors of Salina Downtown, Inc., staff believes
that prohibiting minors from adult drinking establishments is the "single most productive thing we can
do to reduce (bar-related) problems in Salina, Kansas."
In March 2003, the American Medical Association's Office of Alcohol and Other Drug Abuse
published recommendations entitled "Policy Options for Reduction of Alcohol Problems." One of the
solutions cited was the need to limit underage access to ethyl alcohol, and in their "Public Policy
Options" section, proffered numerous recommendations, to include "ban minors in bars."
The U.S. Department of Justice's Office of Juvenile Justice and Delinquency Prevention, in an effort
to assist state and local governments identify gaps in their current efforts to reduce youth access to
alcohol, has published a "best practices" guide. The guide contains numerous recommendations to
limit commercial availability, to include "restrict minors' access to bars and nightclubs."
The City of Wichita has enacted such a prohibition, as has Saline County. Saline County Resolution
No. 1146, prohibits entering or loitering by persons under the legal age for consumption of cereal
malt beverage and/or alcoholic beverages in businesses selling the same, unless the sale of food for
consumption on the premises exceeds 300/0 of the gross revenue of said establishment.
Ending the easy access that minors currently have to drinking establishments in Salina (whose sole
purpose and primary revenue base directly focus on alcoholic liquor sales) will not stop underage
drinking. It would, however, greatly impact underage drinking in licensed premises, and the
problems associated with mixing young persons, adults and drinking in an alcohol charged and
influenced environment.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
8/23/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 Police AGENDA:
ITEM
NO. 2 BY: James D. Hill BY:
Page 2
To illustrate, a recent sampling of problems associated with this mix, involving minors in and around
Salina's drinking establishments, follows:
. Girl, 17, who had been drinking, exposed a breast during the finals of a Wet T-shirt contest.
Other participants in the contest simulated sex acts, and the finalists completely disrobed and
danced nude. The drinking establishment was extremely crowded, and many of the patrons in
attendance were minors.
. Young adult victim shot by 18 year old at Phillips Plaza following a disturbance which started on
the dance floor of a drinking establishment.
. Broken leg suffered by victim, 19, in a fight following a disturbance inside a drinking
establishment.
. 18 and 19 year aIds arrested for battery after officers observed them fighting in front of drinking
establishment at closing time.
. Two intoxicated females, both 19, involved in a disturbance (fight) as officers observed them
exiting a drinking establishment.
. Several instances where extremely intoxicated minors, 18-19-20 years of age, found inside
drinking establishments.
. Intoxicated 18 year old inside drinking establishment had in his possession and had consumed
from a 750-ml bottle containing ethyl alcohol.
. Officers observed: 17 year old drinking from a bottle of Smirnoff Ice. . . 19 year old & a 20 year old,
both of whose hands had been marked (indicating under age 21), drinking a beer.. .20 year old,
hands marked, carrying a beer...20 year old drinking beer who had removed marks from her
hands which indicated she was under 21.
. Officers responded to report of a fight. Found an intoxicated adult male with a laceration to his
face, caused by a beer bottle thrown by an intoxicated female, 18, whom he had allegedly
assaulted.
. Intoxicated male, 19, exited drinking establishment, staggering and bleeding profusely from the
face. An adult male reportedly beat him while on the dance floor.
. While officers were attempting to quell a disturbance inside a drinking establishment, another
fight erupted involving numerous persons, apparently started when an adult was struck in the
head with a beer bottle. Several arrests were effected, to include an intoxicated male, 19,
another male, age 20, and a girl, age 17.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
8/23/04
TIME
4:00P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT:
Police
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
2
BY: James D. Hill
BY:
. Female, 18, assaulted by two adult females as she "walked to the bar to get a drink."
.
Male, 19, slapped a female. Was asked to leave, refused, and a fight erupted.
. As an officer was conducting a tavern check, a male subject, 18, whose judgment was obviously
impaired, walked up behind the officer and tapped him on shoulder to attract his attention. The
18-year-old was found to be extremely intoxicated and was arrested.
The incidents cited above were either serious enough to be reported to law enforcement, or were
discovered by uniformed police officers conducting tavern checks. This sampling represents only a
small percentage of the activity actually occurring in drinking establishments patronized by those
under 21, as the overwhelming majority of incidents involving and associated with underage drinking
either are undiscovered or are not reported to law enforcement.
Officers have spoken to minors who relate that the efforts of licensees to stop underage drinking in
their respective establishments, such as marking hands to identify those under the age of 21, "are a
joke." It is not uncommon to discover underage patrons drinking who have attempted to remove the
designating marks from their hands.
Instances of 18-19-20 year olds in an intoxicated state around drinking establishments are
commonplace, as is their involvement in disturbances and other nuisances, such as public urination
and littering.
Closing certainly presents one of the most volatile times and significant threats to public safety, as
large numbers of minor and adult patrons exit drinking establishments and gather outside. The law
enforcement response is dependent upon the size and demeanor of the crowd. While there are
normally several officers in the immediate area, there are times when every available police officer in
the City of Salina is committed to the area outside certain drinking establishments, leaving the rest of
the city unprotected and significantly increasing police response time in case of an emergency.
Unfortunately, such a police presence is absolutely necessary to preserve order, protect property,
and maintain public and officer safety.
City staff (to include law enforcement officials and the City Prosecutor) share the opinion that an
ordinance prohibiting minors from entering, remaining in or loitering about drinking establishments is
needed to address the easy access to and illegal consumption of alcoholic beverages in drinking
establishments by those under the age of 21, and the significant public safety problems related
thereto.
RECOMMENDATION:
Direct staff to prepare, for Commission consideration on first reading, an ordinance that prohibits
minors from entering, remaining in or loitering about drinking establishments.
-----
August 23, 2004
Salina Businesses Licensed for Consumption of
Alcoholic Beverages or CMB on the Premises
A. Business likely to be covered by a 21 or older aqe restriction:
1. Dew Drop Inn 340 North 1 ih Street
2. Hide Away 540 Willis Street
3. Ringer's Tavern 433 South Broadway
4. Silver Bullet II 101 % North Broadway
5. Union Station Tavern 717 Bishop
6. Big Nose Kates 117-119 North Santa Fe
7. Boomers 116 South Broadway
8. Chuck's Bar 600 North Santa Fe
9. Knuckleheads Tavern 311 East Pacific
10. Koyotee 723 Bishop
11. Maggie Mae's 409 South Broadway
12. Ohio and Pacific 1056 East Pacific
13. Omalley's Pub 1616 West Crawford
14. Paramount Bar 219 North Santa Fe
15. Red Kitten 1108 Holiday
16 Rendezvous Bar 249 North Santa Fe
17. Sunset Billiards 1215 West Crawford
18. Tequilaz 232 North Santa Fe
19. The Boondocks 616 North Broadway
20. The Groove 112 North Santa Fe
21. Bombay Club 1846 North 9th Street
B. Business unlikely to be covered by a 21 or older aqe restriction:
1. Big Cheese Pizza 730 South Broadway
2. Chile Pepper 261 South Broadway
3. Greeks Pizzeria 123 B South Santa Fe
4. LaHacienda 641 South Broadway
5. Pizza Hut 2935 South 9th Street
6. Pizza Hut 550 South Ohio
7. Salina Bicentennial Center 800 The Midway
8. Salina Municipal Golf Course 2500 East Crawford
9. Saline County Expo Center 900 Greeley
10. Toucan's 535 Diamond Drive
11. Zacatecas Buffet 640 Westport Road
12. American Legion Post #62 142 South th Street
13. Applebee's 2875 South 9th Street
14. Caper's 109 North Santa Fe
15. Chili's 2255 South 9th Street
16. All Star Lanes 624 South Broadway
17. Coach's 2018 South 9th Street
18. Columbian Home Assoc. 115 N. 10th Street
19. Daimaru Steak House 1601 West Crawford
20. Fraternal Order of Eagles 146 North th Street
21. Holiday Inn - Holidome 1616 West Crawford
22. Gutierrez 1935 South Ohio
23. J.C.'s 2030 South Ohio
24. Labor Building Social Club 2055 South Ohio
25. Los Potrillos 2601 Market Place
26. Martinelli's Little Italy 158 South Santa Fe
27. Martini's Steak & Chop House 117 North Santa Fe
28. Northstar Court 713 North 11th Street
29. Ranger's 716 North 1 ih Street
30. Red Lobster 2925 South 9th Street
31. Salina Moose Lodge 1700 Beverly Drive
32. Tailgator's 141 North Santa Fe
33. Salina Country Club 2101 Country Club Rd.
34. Scheme 123 North th Street
35. Tommy's Club 632 Westport Road
36. Tuscon's Steakhouse 2750 South 9th Street
37. Veterans of Foreign Wars 1108 West Crawford