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RESOLUTION NO. 2015 - 07 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ALLOW FOR THE TEMPORARY VENDING OF BEER AND/OR WINE IN EAST CITY PARK UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE 5-13-4(8); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, Moscow City Code 5-13-4(B) prohibits the possession of alcoholic beverages while present in a public park in the City of Moscow, Idaho (hereinafter "City" or "the City") except in accordance with specific regulations adopted by Council by Resolution; and WHEREAS, East City Park in Moscow is a City park as defined at Moscow City Code 5-13-3(D) (hereinafter "the Park"); and WHEREAS, Rendezvous in the Park (hereinafter "the Permitted Event(s)") is an event or series of events sponsored by Rendezvous in the Park, (hereinafter "the Event Sponsor(s)"), intended to promote family and community fellowship; and WHEREAS, Council wishes to allow for the vending and responsible consumption of beer and/or wine under certain conditions, contained herein and during limited hours during the Permitted Event(s); and WHEREAS, Council wishes to prohibit the sale and/or consumption of liquor during the Permitted Event(s); and WHEREAS, Council believes the regulations contained herein are appropriate; and WHEREAS, Council believes that the specific regulations contained herein balance health and safety concerns of citizens with the desire to promote responsible use of alcoholic beverages; and WHEREAS, nothing contained in this Resolution is intended to waive other laws and regulations applicable to the sale and consumption of alcohol within City limits (including a requirement for a catering permit; a beer and wine permit for benevolent, charitable and public purpose events; or a winery sponsored event permit); and WHEREAS, nothing contained within this Resolution is intended to endorse or support any particular belief, philosophy, or political position of the Event Sponsor(s) or of the Permitted Event(s), and/or its affiliates, associations, contributors, supporters, participants, etc.; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: SPECIFIC REGULATIONS ON THE SALE AND/OR CONSUMPTION OF BEER AND/OR WINE DURING RENDEZVOUS IN THE PARK 2015: Intent: This Resolution is intended to allow the sale and consumption of beer and wine only (and not liquor), pursuant to these specific regulations and is not intended to amend or expand the Moscow City Code or any other applicable law or regulation beyond the scope of the particulars of this Resolution or beyond the RESOLUTION 2015 -07 APRIL20, 2015 PAGE l OF 5 BEER-WINE SALES -RENDEZVOUS IN THE PARK, 2015 ---PAGE BREAK--- hours of the Permitted Event(s). Other than as specifically provided herein, park, sanitary, health, litter, police, fire, sidewalk cafe, alcohol vending, and other laws and regulations shall be unaffected by this Resolution. This Resolution is not a waiver of any State, County, or local requirement of a permit or licensure related to sales and/or distribution of alcohol including a requirement for a catering permit; a beer and wine permit for benevolent, charitable and public purpose events; or a winery sponsored event permit. This Resolution shall not establish precedent nor shall it apply to any event other than the Permitted Event(s) held on the 17th and 18th days of July, 2015, from 5:00 p.m. to 10:00 p.m. and on the l 91h day of July, 2015 from 5 :00 p.m. to 8:30 p.m. Liability, Insurance and Safety: 1. No less than ten (10) days prior to the Permitted Event(s) at which the licensed vendor will sell alcohol, the Event Sponsor(s) shall deliver to the City Clerk one copy of written proof that the licensed vendor has current, paid up, off-premise liquor liability insurance or special event insurance in an amount not less than One Million Dollars ($1,000,000) combined single limits. 2. No less than ten (10) days prior to the first activity of the Permitted Event(s) herein described, the Event Sponsor(s) shall deliver to the City Clerk one copy of written proof that the Permitted Event(s) has obtained current, paid up, general liability insurance or special event insurance in an amount not less than One· Million Dollars ($1,000,000) combined single limits. Such general liability insurance or special event insurance policy shall be primary to any other insurance related to these events and to that of any potential party subject to a claim related to the Permitted Event(s). 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. No less than ten (10) days prior to the Permitted Event(s), the Event Sponsor(s) shall deliver to the City Clerk the signed original of the agreement, attached as Exhibit with City to defend, hold harmless and indemnify City of Moscow, Idaho, its agents, servants, employees, officers and contractors from any and all claims, causes of action or damages which may arise from the Event Sponsor(s) use of the Park premises. 5. The Moscow Police Chief or designee is hereby empowered to order the immediate cessation of all activities allowed under this Resolution at any time he/she reasonably determines that it is in the best interest of City to do so. There shall be no appeal from a determination by the Moscow Police Chief or his/her designee to terminate all or part of the Permitted Ev_ent(s). Vendor: 1. There shall be only one licensed vendor of beer and/or wine at the Permitted Event(s); 2. All alcoholic beverages shall be sold only by a licensed vendor; 3. Every licensed vendor shall obtain and shall comply with all alcohol related laws and regulations, including, but not. limited to, the City requirement of a City catering permit; a State beer and wine permit for benevolent, charitable, or public purpose events; or a winery sponsored event permit; 4. The name, address, telephone number, alcohol license permit number of every licensed vendor, and proof of insurance covering the vendor's activities (as required herein) shall be provided to the City Clerk no less than ten (10) days prior to the Permitted Event(s) at which such licensed vendor shall sell alcoholic beverages; 5. The City shall play no role in determining which vendor shall be selected to sell alcoholic beverages in the Park during the Permitted Event(s); described herein 6. The vendor shall provide at least two persons to check proper identification for those who shall be sold alcohol during the Permitted Event(s). These persons shall be clearly identified and shall be stationed no less than ten feet (10') from the vendor's sales or dispensing counter; 7. The Event Sponsor shall provide at least two law enforcement officers or two guards from a recognized private security firm to provide security for the Permitted Event(s). Such officers or guards shall be clearly identified as such and shall be on duty at all times alcohol is being served during the Permitted Event(s). The Event Sponsors shall have sole discretion on who will provide RESOLUTION 2015 -07 APRIL 20, 2015 PAGE 20F 5 BEER-WINE SALES-RENDEZVOUS INTHE PARK, 2015 ---PAGE BREAK--- security at the Permitted Event(s) and shall be responsible for all payment and costs associated with such security services. 8. The Event Sponsor(s) and City both specifically understand and acknowledge that the Event Sponsor(s) shall be solely responsible for any and all liability resulting from action or inaction, and/or negligence, and/or gross negligence by security provided by the Event Sponsor(s) for the Permitted Event(s). Sales and Consu5ption: l. No less than ten (10) days prior to the Permitted Event(s) at which the licensed vendor will sell alcohol, the Event Sponsor(s) shall deliver to the City Clerk three copies of a site map which shall be drawn to show the locations of: the beer/wine vendor the park; the Permitted Event boundary barricade, sales and/or dispensing area, entry and exit points; ( c) identification checking station; and ( d) food sales and service areas. Said site design and any subsequent alterations shall be approved in writing by Moscow City Parks and Recreation Director or his/her designee, and by the Moscow Chief of Police prior to the Permitted Event(s). 2. All alcohol sales and consumption shall take place within the Permitted Event area designated by the Event Sponsor(s) and as shown on the site map required by this Resolution; 3. The designated sales and service area(s) shall be the Permitted Event area which shall be physically separated from the rest of the Park by a barricade which is no less than four feet tall and which is constructed so no person can pass under, over, or through it except at established entry and exit points located, as shown, on the site map required by this Resolution. All sales, dispensing, service, and consumption shall take place inside the approved barricade; 4. Food sales and service may be located inside and/or outside of the approved barricade; 5. No person shall be allowed to purchase, consume or possess alcohol other than within the Permitted Event area as shown on the map required by this Resolution; 6. There shall be no more than one line to the beer/wine vendor within the Park, as shown on the map required by this Resolution, but there may be up to two entrances/exits to the larger area where the Permitted Event is allowed to access within East City Park, as shown on the map required by this Resolution; 7. All alcohol shall be dispensed in and consumed from its original container. Such container shall be a readily identifiable container not more than sixteen ounces (16 oz.) in size which shall not bear a logo for a non-alcoholic beverage; 8. Every occupant within the Permitted Event area who carries and/or consumes beer or wine shall be required to provide identification to law enforcement officers or City employees who request it. 9. Alcohol shall be sold only within the designated areas at the Park only between the hours of 5:00 p.m. and 10:00 p.m. on the 17th and 18th days ofJuly, 2015, and 5:00 p.m. and 8:30 p.m. on the 19th day of July, 2015; 10. Alcohol shall be consumed only within the designated area at the Park only between the hours of 5:00 p.m. and 10:00 p.m. on the 17th and 18th days ofJuly, 2015, and 5:00 p.m. and 8:30 p.m. on the 19th day of July, 2015; during the Permitted Event(s); 11. No person shall carry or consume an alcoholic beverage within the Park which is not purchased or dispensed from the licensed vendor at the Permitted Event( s) and consumed within the approved consumption area. Consumption of alcohol within the Park and outside of the approved consumption area shall be considered a violation of the City's open container ordinance. Fee: The Event Sponsor shall submit to the City Clerk, within ten (10) days of the event, the required fee established by Council that is associated with this Resolution. RESOLUTION 2015 -07 APRIL 20, 2015 PAGE3 OF 5 BEER-WINE SALES - RENDEZVOUS IN THE PARK, 2015 ---PAGE BREAK--- Failure To Comply: Failure to comply with this Resolution shall expose any such person to all relevant civil and criminal consequences and may result in denial of subsequent applications for alcohol permits in public parks for a period of no less than five years. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 20th day of April, 2015. STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this 2:1.f'l-aay of r-:i' I ' 2015, before me, a Notary Public in and for said State, appeared \J t V\1 13o C J. known to me to be the person named above and acknowledged that he/she executed the for oin document as the duly authorized representative for Rendezvous In Moscow, Inc. Attachment: Hold Harmless Agreement RESOLUTION 2015 -07 APRIL 20, 2015 PAGE40F 5 BEER-WINE SALES-RENDEZVOUS IN THE PARK, 2015 ---PAGE BREAK--- RESOLUTION 2015 - 07 APRIL 20, 2015 PAGES OF5 BEER-WINE SALES - RENDEZVOUS IN THE PARK, 2015 ---PAGE BREAK--- AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND RENDEZVOUS IN MOSCOW, INC. FOR THE RENDEZVOUS IN THE PARK EVENT THTS AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY, between City of Moscow, Idaho (hereinafter, "CITY' ) and the sponsor of the event, Rendezvous In Moscow, Inc., is made and entered into this ".2.-1Āay of /JqJ Vi' { , 2015. WHEREAS, Resolution No. 2015-07 of the City of Moscow, Idaho passed and approved on the 201h day of April, 2015 provides, in part, for the person(s) and or group holding the approved event to enter into an agreement with CITY to defend, hold harmless and indemnify CITY, its agents, servants, employees, officers and contractors from any and all claims, causes of action, or damages which may arise from the sponsor's use of CITY park premises for the approved event; and WHEREAS, this Agreement meets such requirement; NOW, THEREFORE, CITY and Rendezvous In Moscow, agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; Rendezvous in Moscow, through its duly and specifically authorized agents, hereby releases CITY and agrees, contracts and covenants not to bring suit and agrees to defend, hold harmless, and indemnify CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by Rendezvous In Moscow's own agents, officers, employees and representatives to which Rendezvous In Moscow might otherwise be immune, arising from the Rendezvous in the Park event scheduled to occur July 17-19, 2015, permitted under the terms of Resolution No. 2015- except for claims based upon the sole negligent, intentional acts of CITY. Rendezvous In Moscow expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including officers, employees, agents and representatives arising out of, related to, or caused by the presence, dispensing, sale, gift, or ingestion of alcohol by Rendezvous in Moscow or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Rendezvous in the Park event. Inspection, review and/or acceptance by the City of any activity performed by or during Rendezvous In Moscow or any activity or non-activity by CITY police officers or other officers, employees, agents or representatives of CITY shall not be grounds for avoidance of any of the covenants of defense, indemnification or hold harmless by Rendezvous In Moscow in behalf of CITY contained in this Agreement. SIGNED this ay of A1rv-1' ( '2015. RENDEZVOUS IN MOSCOW, INC. CITY OF MOSCOW, IDAHO Bill Lambert, Mayor AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (RENDEZVOUS 2015) PAGE I OF2 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this 1-,+kday of A-p ( , 2015, before me, a-Notary Public in and for said State, appeared Jim Boland, known to me to be the person named above and acknowledged that he executed the foregoing document as having been specifically authorized and havin authority to bind Rendezvous in Moscow, Inc. to this Agreement. } Agreement/HoldHarmless;Rendezvous20 I 5/pm Notary 11 Lie for the State o aho Residing at p ca l I IAAP'f!t_ I My commission expires 11 / ( '1 I AGREEMENT TO DEFEND, HOLD HARMLESS, AND [NDEMNIFY (RENDEZVOUS 2015) PAGE 2 OF 2