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RESOLUTION NO. 2017 - 16 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 DOWNTOWN CENTRAL BUSINESS ZONING DISTRICT UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE SECTION 10-1-12; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL ACCORDING TO LAW. 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, the City of Moscow and the Moscow Chamber of Commerce are sponsoring the Vandal Town Block Party September 8, 2017 in downtown Moscow; and WHEREAS, Vandal Town Block Party is an event promoting the close connections between the University of Idaho, Moscow Chamber of Commerce, and the City of Moscow; and WHEREAS, Council wishes to encourage and promote downtown businesses during the event; and WHEREAS, Moscow Main Street between 5th and 1st Streets in Moscow is a City Street (hereinafter "the Event Location"); 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 Event; and WHEREAS, Council wishes to prohibit the sale and/or consumption of liquor during the Event; and WHEREAS, Council wishes to grant authority to appropriate City staff to approve catering permits for Beer and/or Wine Gardens for the Event; and WHEREAS, Council believes the regulations contained herein are appropriate; and WHEREAS, Council believes the specific regulations herein balance the health and safety concerns of citizens with the desire to promote downtown businesses; 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 RESOLUTION 201 7 - 16 BEER-WINE SALES - VANDAL TOWN BLOCK PARTY SEPTEMBER 8, 2017 PAGE 1OF5 ---PAGE BREAK--- 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 any Beer and Wine Garden Sponsor permitted at Event, 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: SPECIFIC REGULATIONS ON THE SALE AND/OR CONSUMPTION OF BEER AND/OR WINE DURING VANDAL TOWN BLOCKPARTY2017: Intent: This Resolution is intended to allow appropriate City staff to approve catering permits for Beer and/or Wine Gardens in City streets or rights-of-way in Moscow's downtown central business district in appropriate locations approved by City staff for 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 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 Event held on the gth day of September, 2017 from 6:00 p.m. to 10:00 p.m. Set-up may begin at 5:00 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 Event at which the licensed vendor will sell alcohol, the Beer and/or Wine Garden Sponsor 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. City shall be named as an additional insured on the insurance policy of the licensed vendor. 3. No less than ten (10) days prior to the Event, the Beer and/or Wine Garden Sponsor shall deliver to the City Clerk the signed original of 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 the Beer and/or Wine Garden Sponsor's use of the Event Location premises. 4. The Moscow Police Chief or designee is hereby empowered to order the immediate cessation of a Beer and/or Wine Garden Sponsor's 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 any Beer and/or Wine Garden permitted for Event. RESOLUTION 20 I 7 - 16 BEER-WINE SALES - VANDAL TOWN BLOCK PARTY SEPTEMBER 8, 2017 PAGE 20F5 ---PAGE BREAK--- Vendor: 1. There shall be only one ( 1) licensed vendor of beer and/or wine at in the Beer and/or Wine Garden Sponsor's permitted area; 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 no less than 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 the Permitted Area during the 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 Event. These persons shall be clearly identified and shall be stationed within ten feet (1 of the sales and/or dispensing counter between 6:00 p.m. and 10:00 p.m. while alcoholic beverages are being sold and/or consumed; Sales and Consumption: 1. No less than ten ( 10) days prior to the Event at which the licensed vendor will sell alcohol, the Beer and/or Wine Garden 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; identification checking station; and, if any, food sales and service areas. Said site design and any subsequent alterations shall be approved in writing by the Moscow City Supervisor or designee, and by the Moscow Chief of Police or designee prior to the Event; 2. All alcohol sales and consumption shall take place within the area designated by the Beer and/or Wine Garden 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 barricade area; 4. All food sales and service shall be located outside the approved barricade and have a space of no less than ten feet (10') between the approved barricade 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 map 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(s) designated for alcohol consumption shall provide identification to law enforcement officers or City employees who request it; RESOLUTION 201 7 - 16 BEER-WINE SALES - VAN DAL TOWN BLOCK PARTY SEPTEMBER 8, 2017 PAGE3 OF 5 ---PAGE BREAK--- 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 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 Beer and/or Wine Garden Sponsor's Permitted Area only between the hours of 6:00 p.m. and 10:00 p.m. on the gth day of September, 2017; 11. Alcohol shall be consumed only within the designated Beer and/or Wine Garden Sponsor's Permitted Area only between the hours of 6:00 p.m. and 10:00 p.m. on the gth day of September, 2017, during the Event; 12. No person shall carry or consume an alcoholic beverage within the Beer and/or Wine Garden Sponsor's Permitted Area which is not purchased or dispensed from a licensed vendor at the Event and consumed within the approved consumption area. Consumption of alcohol not purchased within the Beer and/or Wine Garden Sponsor's 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 21st day of August, 2017. RESOLUTION 20 I 7 - 16 BEER-WINE SALES VANDAL TOWN BLOCK PARTY SEPTEMBER 8, 2017 PAGE4 OF 5 ---PAGE BREAK--- Moscow Downtown Area sr. - - Jl - L sr.· n 2 s· r I D _ RESOLUTION 2017 - 16 BEER-WINE SALES- VANDAL TOWN BLOCK PARTY SEPTEMBER 8, 2017 PAGES OFS