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RESOLUTION NO. 2007- 25 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 5-13-4(B); PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL WHEREAS, Moscow City Code 5-!3-4(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, Friendship Square Park in Moscow is a City park as defined at Moscow City Code 5-13- 3(D) (hereinafter "the Park"); and WHEREAS, Moscow Chamber of Commerce Beer Garden, as part of Oktoberfest 2007 (hereinafter "the Permitted Event(s)") is an event or series of events sponsored by the Moscow Chamber of Commerce, (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; 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.; 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 OKTOBERFEST 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 hours of the Permitted Event(s). Other than as specifically provided herein, park, sanitary. health, litter, RESOLUTION 2007 R 25 P \OE l OF 3 BEERR WINE SALESS MOSCOW CHA?'I-1BER OF COMMERCE, 0KTOBERFEST 2007 ---PAGE BREAK--- police, tire, 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(s) held on the 27th day of October, 2007 from II :00 a.m. to 2:00 p.m. Liability, Insurance and Safety: I. At least ten (10) days prior to the Permitted Event(s) at which the licensed vendor will sell alcohol, the Event Sponsor(s) 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. 2. At least ten (10) days prior to the first activity of the Permitted Event(s) herein described, the Event Sponsor(s) shall demonstrate 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 ,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. At least ten (10) days prior to the Permitted Event(s) fee established from time to time by Resolution of the Council held pursuant to the terms of this Resolution, the Event Sponsor(s) shall enter into an 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 prem1ses. 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 detennines 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(s). Vendor: I. There shall be only one ( 1) 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 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 pruvided to the City Clerk 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); 7. There shall be at least two persons providing security, clearly identified as such, on duty at all times whenever alcohol is being served. 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, negligence, and/or gross negligence by security provided by the Event Sponsor(s) for the Permitted Event(s). Sales and Consumption: L All alcohol sales and consumption shall take place within an area designated by the Event Sponsor(s) and approved by Moscow City Parks and Recreation Director or his/her designee and by the Moscow Chief of Police; 2007- 25 BLFR-WtHE S.-\LES MOSCOW CHAMBER OF COMMERCE, 0KTOBERFEST 2007 ---PAGE BREAK--- 2. The designated sales and service area(s) must be physically separated from the rest of the Park as shown on a map to be submitted to the City ten (1 0) days prior to the Permitted Event(s); 3. No person shall be allowed to purchase, consume or possess alcohol other than within the area designated for alcohol consumption within the Park and approved by Moscow City Parks and Recreation Director and Moscow Chief of Police; 4. There shall be no more than one entrance and one exit to each 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 which shall not bear a logo for a non-alcoholic beverage; 6. Every occupant within the area(s) designated for alcohol consumption shall provide iden!!fication to law enforcement officers or City employees who request it 7. No person under twenty one (21) years of age shall be present in the area( s) designated for alcohol consumption at any !!me alcohol is being served. 8. A sign shall be prominently posted at or near the entrance to each area designated for alcohol consumption stating that entrance by persons under twenty one (21) years of age is prohibited. 9. Alcohol shall be sold only within the designated areas at the Park only between the hours of l l :00 a.m. and 2:00p.m. on the 27th day of October, 2007; 1 0. Alcohol shall be consumed only within the designated area at the Park only between the hours of 11:00 a.m. and 2:00p.m. on the 27th day of October, 2007, during the Permitted Event(s); 11. No person shall carry or consume an alcoholic beverage within the Park which is not purchased from the licensed vendor at the Permitted Event(s). 12. Every effort shall be taken to create as much physical separation as practicable in the Park during the Permitted Event(s) 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 15'h day of October, 2007. Hold Harmless Agreement RLSO!.t:TJON 2007 25 PAGE 3 OF 3 BEERT Wi\:E SALESU Moscow CHAMBER OF COMMERCE, 0KTOBERFEST 2007