CITY COMMISSION AGENDA ITEM

Department:	City Attorney’s Office		Commission Meeting Date:  Oct. 16, 2018
Staff Contact:	Maria Garcia, Assistant City Attorney
Recommendations/Options/Action Requested:
Receive a presentation regarding a potential requirement that liquor licensees receive SafeBar sexual violence  training as a condition of licensure, and direct staff as appropriate.
Executive Summary:		At the February 20, 2018 City Commission meeting, Commissioner Ananda inquired about whether the City could mandate SafeBar training for all businesses that apply for a liquor license in the City. Staff researched the question and periodically checked in with the Commission with status updates via the City Manager’s Report on May 1, 2018 and again on August 7, 2018. At its August 7, 2018 meeting, the City Commission expressed interest in considering an ordinance that would require liquor licensees in Lawrence to attend SafeBar training as a condition of licensure. I note at the outset that the term “license” is used throughout this memo to describe the permit issued by the City Clerk to a business to sell alcoholic liquor within the corporate limits of the City. The SafeBar training is designed to educate liquor licensees and their staff on sexual violence, and seeks to treat licensees as an ally in combating sexual violence by providing them with skills to intervene when sexual misconduct occurs. SafeBar was created in Lawrence by the Sexual Trauma and Abuse Care Center (Care Center) approximately seven years ago. The Care Center reports that it has trained a number of agencies nationwide on the SafeBar program including, but not limited to, the Wichita Area Sexual Assault Center (WASAC), the Kansas City Metropolitan Organization to Counter Sexual Assault (MOCSA), ARISE Sexual Assault Services in New Mexico, Center for Health Advocacy and Wellness at Florida State University, Bright Horizons in Nebraska, WEAVE in Sacramento, California, SAFE in Austin, Texas, and Options in Topeka. The Care Center also reports that it has provided a brief informational training to the Lawrence Restaurant Association. Staff met with the Care Center as a result of the Commission’s desire to consider the training requirement. The training, if implemented as a requirement, is estimated to last approximately 2 - 2 ½. The Care Center is willing to help the City provide the SafeBar training to licensees in Lawrence if such training is mandated by ordinance, and has submitted a proposed budget for the Commission’s consideration. The City of Wichita currently requires training of its drinking establishment licensees. The relevant portion of the Wichita Code states that an applicant for a license must provide: “Proof that the applicant and all listed on-sight managers of the establishment, or, if the applicant is a corporation, all listed on-site managers have attended a four-hour ‘safe bar’ class conducted by the Wichita Police Department. Any manager subsequently hired by the licensee shall be required to show proof of attendance of the ‘safe bar’ class within 45 days of such manager's date of employment at said establishment. Failure of any licensee to provide such proof shall be grounds for revocation of the license.” Wichita City Code Sec. 4.16.085. (Requirements for new licensees). Note that while Wichita refers to the training as “Safe Bar” training, it is not provided by the Care Center. The Wichita training is provided by the State Alcoholic Beverage Control, the Wichita Fire Department, and the Wichita Police Department. The topics covered during that training include City code, fire code, state laws, including some emphasis on sexual assault.    Staff sent letters to all licensees in Lawrence—165 total—advising of the proposal to require training and inviting them to meet and provide feedback. The meetings occurred on October 4, 2018 and October 8, 2018. Eight individuals attended the two meetings. At the meetings staff discussed the Commission’s desire to consider a training requirement, and provided preliminary thoughts on how the training would be organized as far as topics covered and amount of time required, and the frequency that such training would be offered. The meetings generated informative discussion. A number of licensees asked for data identifying a link between sexual violence and the places of business that serve alcohol, which staff is working to provide at the City Commission meeting. A number of licensees also asked that such SafeBar training be voluntary—rather than a requirement of licensure—while others requested that the City Commission delay its consideration of the proposed ordinance and allow more time for input. The purpose of this agenda item is to garner input and direction from the Commission, not to vote on an ordinance at this time. If the Commission is interested in voting on an ordinance that would include an additional training requirement in Lawrence, there are several items staff requests direction on before drafting such a proposed ordinance: 1) Who would be required to attend the SafeBar training – licensees, on-sight managers, bartenders and any persons serving alcohol, door staff, etc.? 2) Should the training be required for new licensees only or should it also be required upon renewal every two years? 3) How will the cost of the training be handled? The Care Center has submitted a proposed budget. Alternatively, the cost could be included in the license fee. 4) What is the effective date of the ordinance? The Care Center requests some time to prepare the training, establish dates, times, and locations for such training. The City will also need time to educate licensees on the new requirement. 5) A number of drinking establishments have voluntarily participated in the SafeBar training already. Should the ordinance allow such licensees to present that training received prior to the effective date in obtaining an initial license or renewal, so long as such training was recently obtained? 6) Should the proposed ordinance exclude the training requirement for any person applying for a temporary liquor license, in which there is typically a single event that lasts less than one day?
Strategic Goal Area:		Safe, Healthy, and Welcoming Neighborhoods Commitment to Core Services Collaborative Solutions
Fiscal Impact (Amount/Source):		The Care Center created the “SafeBar” program and is willing to conduct frequent trainings to accommodate schedules. The Care Center has submitted a budget proposal in which it requests $17,800 from the City to fund this program.
Attachments:		Wichita’s SafeBar ordinance (Safe Bar requirement begins on page 33).  Care Center budget proposal

Reviewed By: (for CMO use only)

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