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RESOLUTION NO. 2014 - 18 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, IN FRIENDSHIP SQUARE UNDER SPECIFIC REGULATIONS INCLUDING DURING THE SATURDAY THE FARMERS MARKET IS TEMPORARILY RELOCATED TO THE JACKSON STREET PARKING LOT FOR THE UNIVERSITY OF IDAHO HOMECOMING WEEKEND, AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE 5-13-4(B); AND PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, Moscow City Code 5-13-4(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, including the fountain across Main Street in Moscow, is a City park as defined at Moscow City Code 5-13-3(D) (hereinafter "the Park"); and WHEREAS, Moscow Farmers Market is temporarily relocated one Saturday in October to the Jackson Street parking lot for the University of Idaho homecoming event; 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 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 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.; RESOLUTION 2014 - 18 OCTOBER 2014 FARMERS MARKET BEER & WINE TASTING OCTOBER 6, 2014 PAGE 1 OF3 ---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 SAMPLE TASTING OF BEER AND/OR WINE DURING FARMERS MARKET FOR THE MONTH OF OCTOBER 2014: 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. 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 month of October 2014 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 three 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 in Friendship Square, a Moscow City Park, or when Farmers Market is temporarily relocated the Jackson Street parking lot for the University of Idaho homecoming weekend, and Vendor must remain in the Jackson Street parking lot for that specific Saturday; 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 three 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 11. 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 2014 - 18 OCTOBER 2014 FARMERS MARKET BEER & WINE TASTING OCTOBER 6, 2014 PAGE 20F3 ---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 61h day of October, 2014. ATTEST: lerk Signature of Authorized Representative: I, l>t.e,V) Yl_6as the authorized representative of the Event Sponsor have read, understood, and agree to fulfill all of the conditions and obligations set forth in this Resolution. WtiW 7, w/ 16,,£ 10bo14 Si ature ate / STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this Io# day of Ot*vr '201t before me, a Notary Public in and for said State, appeared \la./f1lilM: B J3 UVVk-6, known to me to be the person named above and acknowledged that he/she executed the foregoing document as the duly authorized representative for osurvJJ:=il-rVVf.4-s MP-rt:.l.b. Notary Public.for th{ Stat of abo Residing at UiQ./11 My commission expires s/3 ( 17 RESOLUTION 2014 - 18 OCTOBER 2014 FARMERS MARKET BEER & WINE TASTING OCTOBER 6, 20\4 PAGE3 OF3