Full Text
RESOLUTION NO. 2016 -17 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 MOSCOW MOTOR BUSINESS ZONING DISTRICT UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE SECTION 10-1-12. WHEREAS, Moscow City Code Section 10-1-12 prohibits the possession of alcoholic beverages while present in a public place or a place where the public has permitted access, including public streets and/or public rights-of-way in the City of Moscow, Idaho (hereinafter "City") except in accordance with specific regulations adopted by Council by Resolution; and WHEREAS, Jackson Street, between and Streets in Moscow, is a City Street designated as a local street on the 2010 City of Moscow street map, and located within the Motor Business Zone (hereinafter "the Event Location"); and WHEREAS, the Moscow Brewing District Oktoberfest (hereinafter "the Permitted Event"), is an event sponsored by Rants & Raves Brewery LLC (hereinafter "the Event Sponsor") and is open to the public, intended to promote Moscow's downtown area; 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; and WHEREAS, the Event Sponsor has paid the fee associated with the consideration of this Resolution; and WHEREAS, Council wishes to prohibit the sale and/or consumption ofliquor during the Permitted Event; 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; and WHEREAS, nothing contained within this Resolution is intended to endorse or support any particular belief, philosophy, or political position of the Event Sponsor or of the Permitted Event, and/or its affiliates, associations, contributors, supporters, participants, etc.; RESOLUTION 2016 - 17 BEER-WINE SALES - RANTS & RA YES; Moscow BREWING DISTRICT OKTOBERFEST PAGE 1 OF6 ---PAGE BREAK--- 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 MOSCOW BREWING DISTRICT OKTOBERFEST COMMUNITY EVENT: 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 hours of the Permitted Event. Other than as specifically provided herein, 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 Permitted Event held on the 151h day of October, 2016 from 5:00 p.m. to 10:00 p.m. Set-up may begin at 1 :00 p.m.; tear-down and clean-up may continue until 11:00 p.m. Liability, Insurance and Safety: 1. No less than ten (10) days prior to the Permitted Event at which the licensed vendor will sell alcohol, Event Sponsor shall deliver to the City Clerk one copy of written proof for each licensed vendor showing that 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 herein described, the Event Sponsor shall deliver to the City Clerk one copy of written proof that the Permitted Event 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. 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. 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 Event. Vendor: 1. There shall be only one licensed vendor of beer and/or wine at the Permitted Event. 2. All alcoholic beverages shall be sold only by the licensed vendor; 3. The 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 no less than ten ( 10) days prior to the Permitted Event( s) at which such licensed vendor shall sell alcoholic beverages; RESOLUTION 2016 - 17 BEER-WINE SALES - RANTS & RAVES; Moscow BREWING DISTRICT OKTOBERFEST PAGE 20F6 ---PAGE BREAK--- 5. The City shall play no role in determining which vendor shall be selected to sell alcoholic beverages in the Permitted Area during the Permitted Event 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. These persons shall be clearly identified and shall be stationed within ten feet (1 of the sales and/or dispensing counter between 5:00 p.m. and 10:00 p.m. while alcoholic beverages are being sold and/or consumed; 7. There shall be at least two police officers providing security, clearly identified as such, on duty at all times whenever alcohol is being served. Additional police officers shall be required as determined by the Moscow Chief of Police. All police officers required for the Event shall be paid for by the Event Sponsor at sixty five dollars ($65) per hour. The Event Sponsor and City both specifically understand and acknowledge that the Event Sponsor shall be solely responsible for any and all liability resulting from action or inaction, negligence, and/or gross negligence by security provided by the Event Sponsor for the Permitted Event, including, but not limited to, every police officer required by this Agreement. Sales and Consumption: 1. No less than ten (10) days prior to the Permitted Event at which the licensed vendor will sell alcohol, the Event Sponsor shall deliver to the City Clerk one copy of a site map which shall be drawn to show the locations, dimensions of, and relative distances between the following: the beer/wine garden within the Street; the barricade, sales and/or dispensing area, consumption area, entry and exit points; ( c) identification checking stations; and ( d) food sales and service area. Said site design and any subsequent alterations shall be approved in writing by the Moscow Public Works Director or designee, and by the Moscow Chief of Police prior to the Permitted Event; 2. All alcohol sales and consumption shall take place within the area designated by the Event Sponsor and as shown on the site map required by this Resolution; 3. The designated sales and service area(s) shall be physically separated from the rest of the Event Location by a barricade which is no less than forty four inches (44) 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 barricades; 4. All food sales and service shall be located outside the approved barricades and have a space of no less than ten feet (10') between the approved barricades and food sales or service area; 5. No person shall be allowed to transport, purchase, consume or possess alcohol in the Permitted Area other than within the area designated for alcohol sales and consumption as shown on the map required by this Resolution; 6. There shall be no more than one entrance and one exit to the area designated for alcohol consumption, as shown on the maps required by this Resolution; 7. All alcohol shall be dispensed in and consumed from its original container or a readily identifiable container not more than sixteen ounces (16 oz.) in size which shall not bear a logo for a nonalcoholic beverage; 8. Every occupant within the area designated for alcohol consumption shall provide identification to law enforcement officers or City employees who request it; 9. A sign shall be prominently posted at or near all entrances and exits to any area designated for alcohol sales and/or consumption stating to the effect that no alcohol can be consumed within the Permitted Area unless it is purchased within such Permitted Area and that no RESOLUTION 2016-17 BEER-WINE SALES -RANTS & RA YES; Moscow BREWING DISTRICT OKTOBERFEST PAGE 3 OF 6 ---PAGE BREAK--- person under twenty one (21) years of age may purchase, carry, or consume alcohol within the Permitted Area; 10. Alcohol shall be sold only within the designated area in the Street Permitted Area only between the hours of 5:00 p.m. and 10:00 p.m. on the 15th day of October, 2016; 11. Alcohol shall be consumed only within the designated area in the Street Permitted Area only between the hours of 5 :00 p.m. and 10:00 p.m. on the l 51h day of October, 2016, during the Permitted Event; 12. No person shall carry or consume an alcoholic beverage within the Street Permitted Area which is not purchased or dispensed from the licensed vendor at the Permitted Event and consumed within the approved consumption area. Consumption of alcohol not purchased within the Street Permitted Area and outside of the approved consumption area shall be considered a violation of the City's open container ordinance. 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 within Moscow for a period of no less than five years. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 19th day of September, 2016. bert, Mayor ATTEST: Signature of Authorized Representative: I, Ramirose Attebury, as the Owner of Rants & Raves Brewery LLC, have read, understood, and agre. À,.to-ful§ all of the conditions and obligations set forth in this Resolution. ( CZCL._ · I 'Ja.1lLJ 'J'h,2 (gnature Date RESOLUTION 2016 - I 7 BEER-WINE SALES - RANTS & RAVES; Moscow BREWING DISTRICT OKTOBERFEST PAGE 4 OF 6 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LAT AH ) ACKNOWLEDGMENT On this ef# day of S_p\oev . 2016, before me, a Notary Public in and for said State, appeared Ramirose Att Y,kllOwn to me to be the person named above and acknowledged that she executed the foregoing document as the Owner of Rants & Raves Brewery LLC. 11-4i1Wtate ofldaho Residing at Mo:o.Lcul L . M . . . 45 O . jij/\\OTAR y comm1ss1on expires l1:2. ,J.c0A-.:'L ::xig % \ l>UBL\C / N . M 3 4 c OF \v IJ11 1m1 tnl\\\@ RESOLUTION 2016 - 17 BEER-WINE SALES - RANTS & RA YES; Moscow BREWING DISTRICT OKTOBERFEST PAGE 5 OF6 ---PAGE BREAK--- :E 6 = N fJl 3: Q) 2 c: 8 .c co < :E G 0 0 "D "D E I H e e " " " . . > f; t4rJ l.L,. N. Jackson St JI I l I I I • ; . ·I I ' K . I I " .J RESOLUTION 2016 - 17 BEER-WINE SALES - RANTS & RA YES; Moscow BREWING DISTRICT OKTOBERFEST PAGE 6 OF 6