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RESOLUTION NO. 2007 · 12 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 FRIENDSHIP SQUARE PARK UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE 5-l3-4(B); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, Moscow City Code 5-l3-4(B) prohibits the possession of alcoholic beverages while present in a City park except in accordance with specific regulations adopted by Council by Resolution; and WHEREAS, Friendship Square Park in Moscow is a City Park as defined at Moscow City Code 5-l3- 3(D); and WHEREAS, CredendaJ Agenda Magazine Trinity Fest 2007 is an event designed 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 CredendaJ Agenda Magazine Trinity Fest 2007; and WHEREAS, Council wishes to prohibit the sale and/or consumption nf liquor during Credenda/Agenda Magazine Trinity Fest 2007; 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; and WHEREAS, nothing contained within this Resolution is intended to endorse or support any particular belief, philosophy, or political position of Credenda/Agenda Magazine, Trinity Fest 2007, and/or its affiliates, associations, contributors, supporters, participants, etc.; and WHEREAS, nothing in this Resolution shall establish any precedent for this event, a similar event, or this event in the future; and WHEREAS, these conditions are specific to this event and to none other; 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 CREDENDA/AGENDA MAGAZINE TRINITY FEST 2007: 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 2007- 12 BEER-WINE SALES IN CREDENDMAGENDA MAGAZINE TRINJ1Y FEST 2007 PAGE I OF3 ---PAGE BREAK--- hours of an official Credenda/ Agenda Magazine Trinity Fest 2007 event. 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 shall not establish precedent nor shall it apply to any event other than the Credenda/Agenda Magazine Trinity Fest 2007 event held on the 7'h day of August, 2007 from 5:00p.m. to 9:00 p.m. Liability, Insurance and Safety: l . At least ten (I 0) days prior to the event at which the licensed vendor will sell alcohol, Credenda/Agenda Magazine Trinity Fest 2007 shall demonstrate 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 ,000,000) combined single limits. Such insurance shall be primary to any other insurance related to this event and to that of any potential party subject to a claim related to this event. 2. At least ten ( l 0) days prior to any event herein described, Credenda/ Agenda Magazine Trinity Fest 2007 shall demonstrate that Credenda/ Agenda Magazine Trinity Fest 2007 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 these events. 3. City shall be named as an additional insured on any insurance policy of the licensed vendor or for the event described herein. 4. At least ten (l 0) days prior to the first event held pursuant to the terms of this Resolution, Credenda/Agenda Magazine Trinity Fest 2007 shall enter into an agreement 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 Credenda/ Agenda Magazine Trinity Fest 2007's use of Friendship Square 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 this activity or any portion of such activity. Vendor: l. There shall be only two licensed vendors of beer and/or wine at the event; 2. All alcoholic beverages shall be sold only by a licensed vendor; 3. Every licensed vendor shall comply with all alcohol related laws and regulations, including, but not limited to, the City requirement of a catering 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 ten (10) days prior to the event 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 Friendship Square Park during Credenda/ Agenda Magazine Trinity Fest 2007 events; described herein 6. The vendor shall provide at least two persons to check proper identification for those who shall be sold alcohol during Credenda/ Agenda Magazine Trinity Fest 2007 events; 7. There shall be at least two persons providing security, clearly identified as such, on duty at all times whenever alcohol is being served. Credenda/ Agenda and City both specifically understand and acknowledge that Credenda/ Agenda shall be solely responsible for any and all liability resulting from action or inaction, negligence, and/or gross negligence by security provided by Credenda/ Agenda for this event. RESOLUTION 2007¥ 12 BEER-WINE SALES lN CREDENDAIAGENDA MAGAZINE TRINITY FEST 2007 PAGE20F3 ---PAGE BREAK--- Sales and Consumption: l . All alcohol sales and consumption shall take place within an area designated by Credendaf Agenda Magazine Trinity Fest 2007 and approved by Moscow City Parks and Recreation Director or his/her designee and by the Moscow Chief of Police; 2. The area(s) must be physically separated from the rest of Friendship Square Park as shown on a map to be submitted to the City ten (I 0) days prior to the event; 3. No person shall be allowed to purchase, consume or possess alcohol other than within the area within Friendship Square Park designed for alcohol consumption and approved by Moscow City Parks and Recreation Director and Moscow Chief of Police; 4. There shall be a limited number of entrances and exits to the area designated for alcohol consumption as shown on the map required by this Resolution; 5. 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 and shall not bear a logo for a non-alcoholic beverage; 6. Alcohol shall be sold only within the designated area at Friendship Square Park only between the hours of 5:00 p.m. and 9:00 p.m. on the 7'h day of August, 2007; 7. Alcohol shall be consumed within the designated area at Friendship Square Park only between the hours of 5:00 p.m. and 9:00 p.m. on during Credenda/Agenda Magazine Trinity Fest 2007; 8. No person shall carry or consume an alcoholic beverage within Friendship Square Park which is not purchased from the licensed vendor at Credenda!Agenda Magazine Trinity Fest 2007. 9. Every effort shall be taken to create as much physical separation as practicable in Friendship Square Park during Credendaf Agenda Magazine Trinity Fest 2007 between consumers of alcohol and those persons not legally able to consume alcohol. Failure To Comply: Failure to comply with this Resolution shall expose any such person to all relevant civil and criminal consequences. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 2 "d day of July, 2007. RESOLUTION 2007- 12 BEER-WINE SAIL5 IN CREDENDAI AGENDA MAGAZINE TRINITY FEST 2007 PAGE30F3