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RESOLUTION NO. 2015 - 08 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ALLOW MOSCOW FARMERS MARKET THE OPPORTUNITY FOR DULY LICENSED LOCAL BEER AND/OR WINE PRODUCERS TO SELL THEIR PRODUCT AND/OR TO PROVIDE SAMPLE TASTINGS; AS AUTHORIZED BY LAW, WITHIN THE BOUNDARIES OF THE FARMERS MARKET AND THROUGHOUT THE FARMERS MARKET SEASON, UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE 10-1-12. WHEREAS, Moscow City Code 10-1-12 prohibits the possession of alcoholic beverages while present in any public place or place to which the public has or is permitted to have access in the City of Moscow, Idaho (hereinafter "City" or "the City"), except in accordance with specific regulations adopted by Council by Resolution; and WHEREAS, Farmers Market is located downtown in Moscow in the Central Business (CB) District; and WHEREAS, Moscow Farmers Market is a series of events running each Saturday from the first of May to the end of October, sponsored by City, intended to celebrate life on the Palouse by providing the community with the opportunity to buy and sell locally farmed and/or created produce or goods; and WHEREAS, Council wishes to allow for the selling and responsible sample tasting of regional produced alcohol beverages (beer and/or wine) under certain conditions, contained herein and during limited hours throughout the Farmers Market Season; 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 selling and sample tasting of locally produced 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 Farmers Market Vendor(s), and/or its affiliates, associations, contributors, supporters, participants, etc.; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: RESOLUTION 2015- 08 FARMERS MARKET BEER & WINE TASTING APRIL 20, 2015 PAGE 1OF3 ---PAGE BREAK--- SPECIFIC REGULATIONS ON THE SALE AND/OR SAMPLE TASTING OF BEER AND/OR WINE DURING THE FARMERS MARKET SEASON 2015: Intent: This Resolution is intended to allow the sale and sample tasting of alcohol beverages (beer and/or wine), 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 hours of the Farmers Market and throughout the Farmers Market Season. Other than as specifically provided herein, park, sanitary, health, litter, police, fire, 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 and sample tasting of alcohol. This Resolution shall not establish precedent nor shall it apply to any event other than Farmers Market each Saturday during the months of May 20 15 to October 20 15, from 8:00 a.m. to 1:00 p.m. Vendor Requirements and Limitations: 1. Vendor shall comply with all Moscow Farmers Market policies; 2. There shall be no more than four ( 4) licensed vendors of alcohol beverages per Market day; 3. All alcoholic beverages sold and/or provided for sample tasting shall be done only by a licensed vendor, vintner, brewery, wholesaler or distributor; 4. Any vendor selling and/or providing sample tastings shall be set up and must remain within the boundaries of the Farmers Market located in the Central Business (CB) District in downtown Moscow; 5. Every licensed vendor shall obtain and shall comply with all State of Idaho alcohol beverage control related laws and regulations including sample tasting requirements, pursuant to Idaho Code Sections 23- 1325C, or 23-1019; 6. The name, address, telephone number, all alcohol license(s) and/or permit(s) number of every licensed vendor, vintner, brewery, wholesaler or distributor shall be provided to the Moscow Arts Director no less than tJ:rree days prior to the Market day at which such licensed vendor shall sell alcoholic and/or provide sample tasting of alcoholic beverages; 7. Sample sizes for beer or wine shall not exceed one and one-half (1.5) ounces; 8. Vendor shall identify a specific tasting area which shall be of a size and design such that the persons conducting the tasting can observe and control persons in the area to ensure that no minors or visibly intoxicated persons possess or consume alcohol; 9. Servers must be at least twenty-one (21) years of age and must be an employee or agent of the vintner, brewery, wholesaler or distributor; 10. The Vendor(s) and City both specifically understand and acknowledge that the Vendor(s) shall be solely responsible for any and all liability resulting from action or inaction, and/or negligence, and/or gross negligence of such Vendor or Vendor(s) agent(s) for the Market day(s); and 1 1. 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 designee to terminate all or part of the permitted event(s). RESOLUTION 2015- 08 FARMERS MARKET BEER & WINE TASTING APRIL 20, 2015 PAGE20F 3 ---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 participation in Moscow Farmers Market 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. ATTEST: Signature of Authorized Representative: 1\ i 1\t eM p. AA n. s the authorized representative of the Event Sponsor have read, tbod , and agree t.o fil all of the conditions and obligations set forth in this Resolution. 1 1 1 I 1/ - - / •VJ I - d STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) Date ACKNOWLEDGMENT On this day o_f !}pr-I} , 2015, before me, a Notary Public in and for said State, appeared ktt-'fhlt.,?//l /?tA. -vl$"known to me to be the person named above and acknowledged that he/she executed the foregoing document as the duly authorized representative for /Vlv .StAJW r::-iA_..-WU;·v-S i\/t cwk.e..t. Notary Public for the State Residing at fvl o5 My commission _ RESOLUTION 2015- 08 FARMERS MARKET BEER & WINE TASTING APRIL 20, 2015 PAGE3 OF3