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RESOLUTION NO. 2008- 13 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 5-13-4(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 Park in Moscow is a City park as defined at Moscow City Code 5-13- 3(D) (hereinafter "the Park"); and WHEREAS, Oktoberfest!Chalk Walk, 2008 (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, 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 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 OKTOBERFEST/CHALK WALK, 2008: 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 RESOLUTION 2008- 13 PAGEIOF4 BEER-WINE SALES -OKTOBERFEST i CHALK WALK, 2008 ---PAGE BREAK--- 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, 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 Pennitted Event(s) held on the 6'h day of September, 2008 from 12:00 p.m. to 10:00 p.m. Liability, Insurance and Safety: I. No less than ten (10) days prior to the Pennitted Event(s) at which the licensed vendor will sell alcohol, the Event Sponsor(s) 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 ,000,000) combined single limits. 2. No less than ten (10) days prior to the first activity of the Permitted Event(s) herein described, the Event Sponsor(s) shall deliver to the City Clerk one copy of written proof 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 ($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(s). 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. No less than ten (10) days prior to the Permitted Event(s), the Event Sponsor(s) shall deliver to the City Clerk the signed original of the agreement, attached as Exhibit with City to defend, hold hannless 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 premises. 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: 1. There shall be only one licensed vendor of beer and/or wine at the Pennitted 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 provided to the City Clerk no less than ten (10) days prior to the Pennitted 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 Pennitted 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). These persons shall be clearly identified and shall be stationed at the entrance to the designated sales and consumption area and no less than ten feet (10') from any sales or dispensing counter; 7. There shall be at least two police officers providing security, clearly identi!led 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 thirty six dollars ($36) per hour. 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 RESOLUTION 2008 13 PAGE20F4 BEER\ WINE SALES ! CHALK WALK, 2008 ---PAGE BREAK--- security provided by the Event Sponsor(s) for the Permitted Event(s), including, but not limited to, every police officer required by this Agreement. Sales and Consumption: I. No less than ten (10) days prior to the Permitted Event(s) at which the licensed vendor will sell alcohol, the Event Sponsor(s) shall deliver to the City Clerk three copies 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 park; the barricade, sales and/or dispensing area, consumption area, entry and exit points; identification checking station; and food sales and service areas. Said site design and any subsequent alterations shall be approved in writing by Moscow City Parks and Recreation Director or his/her designee, and by the Moscow Chief of Police prior to the Permitted Event(s). 2. All alcohol sales and consumption shall take place within the area designated by the Event Sponsor(s) 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 Park by a barricade which is no less than four feet ( 4 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; 4. All food sales and service shall be located outside the approved barricade and have a space of no less than ten feet (I 0 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 Park 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 each 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. 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 areas at the Park only between the hours of 12:00 p.m. and 10:00 p.m. on the 6'h day of September, 2008; 11. Alcohol shall be consumed only within the designated area at the Park only between the hours of 12:00 p.m. and 10:00 p.m. on the 6'h day of September, 2008, during the Permitted Event(s); 12. No person shall carry or consume an alcoholic beverage within the Park which is not purchased or dispensed from the licensed vendor at the Permitted Event( s) and consumed within the approved consumption area. Consumption of alcohol within the Park 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 in public parks for a period [of] no less than five years. RESOLCTION 2008- 13 PAGE30F4 BEER-WINE: SALES -OKTOHERFEST! CHALK WALK, 2008 ---PAGE BREAK--- PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this day of August, 2008. ATTEST: lJ Signature of Authorized Representative: h I, i k: !J II ILL\ , as the authorized representative of the Event Sponsor have read, unders):<:(od, and agree to fulfill all of the conditions and obligations set forth in this Resolution. UcvvJ:J /l,u 9i/u - . · - , 'r v Signature Date STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT On this day of , 2008, before me, a Notary Public in and for said State, appeared .d I , known to me to be the person named above and acknowledged that he/she executed the foregoing document as the duly aut · d representative l);r M,QsC..UW Attachment: Ho RESOLUTION 2008 • 13 PAGE40F4 BEER-WINE SALES ]-OK !'OBERfEST I CHALK WALK, 2008