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RESOLUTION NO. 2012- 03 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 EAST CITY 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, East City Park in Moscow is a City park as defined at Moscow City Code 5-13-3(D) (hereinafter "the Park''); and WHEREAS, Palouse Pride Festival (hereinafter "the Permitted Event(s)'') is an event or series of events sponsored by Inland Oasis, Inc., (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 Pe1mitted 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 Pennitted 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 Pe1mitted 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 PALOUSE PRIDE FESTIVAL 2012: 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 2012- 03 PAGE I Or 4 BEER-WINE SALES- PALOUSE PRIDE FESTIVAL, 2012 ---PAGE BREAK--- any other applicable law or regulation beyond the scope of the particulars of this Resolution or beyond the hours of the Pennitted 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 Permitted Event(s) held on the 11111 day of August, 2012 from 12:00 p.m. to 4:00 p.m. Liability, Insurance and Safety: 1. 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 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 Pennitted Event(s) herein described, the Event Sponsor( s) shall deliver to the City Clerk one copy of written proof that the Pennitted Event(s) has obtained cutTent, 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 Pem1itted Event(s). 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. No less than ten (1 0) days prior to the Pennitted 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 determines that it is in the best interest of City to do so. There shall be no appeal from a detennination by the Moscow Police Chief or his/her designee to terminate all or part of the Pem1itted Event(s). Vendor: 1. There shall be only one 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 provided to the City Clerk no Jess than ten (1 0) days prior to the Pennitted Event(s) at which such licensed vendor shall sell alcoholic beverages; 5. The City shall play no role in deterrnining which vendor shall be selected to sell alcoholic beverages in the Park during the Pennitted Event(s); desc1ibed 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 ( 1 from any sales or dispensing counter; 7. There shall be at least one police officer providing security, clearly identified as such, on duty at all times whenever alcohol is being served. Additional police officers shall be required as detennined by the Moscow Chief of Police. All police officers required for the event shall be paid for by the Event Sponsor. City shall be paid at the rate of sixty dollars ($60) per hour for each Moscow Police officer providing such security. 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 RESOI UTI ON 2012- 03 PAGE20F4 BEER-WINE SALES- PALOUSE PRIDE FESTIVAL, 2012 ---PAGE BREAK--- by the Event Sponsor(s) for the Pennitted Event(s), including, but not limited to, every police officer required by this Agreement. Sales and Consumption: 1. No less than ten (1 0) 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 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 tall and which is 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 between the approved barricade and food sales or service area; 5. No person shall be allowed to purchase, consume or possess alcohol 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. 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; 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. No person under twenty one (21) years of age shall be present in the area(s) designated for alcohol sales or consumption at any time alcohol is being served. I 0. A sign shall be prominently posted at or near the entrance and exit to each area designated for alcohol sales or consumption stating that entrance by persons under twenty one (21) years of age is prohibited. 11. Alcohol shall be sold only within the designated areas at the Park only between the hours of 12:00 p.m. and 4:00 p.m. on the 11th day of August, 2012; 12. Alcohol shall be consumed only within the designated area at the Park only between the hours of 12:00 p.m. and 4:00 p.m. on the 11th day of August, 2012, during the Permitted Event(s); 13. 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. RESOLUTION 2012-03 PAGE 30F4 BEER-WINE SALES-PALOUSE PRIDE FESTIVAL, 2012 ---PAGE BREAK--- PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 2"d day of April, 2012. ATTEST: Signature of Authorized Representative: I, Cr5rJoY\ S MJ. {/oU , as the authorized representative of the Event Sponsor have read, understood, and agree to fulfiil1il of the and obhgatwns set fmth m thts Resolution. ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this lf day of .j}JJ.v\ ) , 2012, before me, a Notary Public in and for said State, appeared ()v·d.cn \U1)W My commission expires q . ZDl L AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (PALOUSE PRIDE FESTIVAL 2012) PAGE2or2 ---PAGE BREAK--- ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) T THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International Mountain States Ltd. PO Box 8337 Moscow ID 83843 INSURED Inland Oasis Inc PO BOx 8205 Moscow ID 83843 COVERAGES CERTIFICATE NUMBER· 22fe Uc T Debbie Wischmeier iljghio. Exll: n. onn u::.07 I i.Nol: 509-?1-fi41? lt'oßàSS: rl"hhi" ' . Jbinternallanal.com INSURERCSI AFFORDING COVERAGE NAIC# INSURER A: Scottsdale Insurance Comoanv INSURER B: State Insurance Fund INSURER C: INSURER D: INSURER E: INSURER F: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A B TYPE OF INSURANCE GENERAL LIABILITY g X COMMERCIAL GENERAL LIABILITY :t8J CLAIMS-MADE D OCCUR - GEN'L AGGREGATE LIMIT APnS PER Xl POLICY n f?T LOC AUTOMOBILE LIABILITY - ANY AUTO - ALL OWNEO SCHEDULED AUTOS AUTOS t- t- NON-OWNED HIRED AUTOS AUTOS UMBRELLA LIAB H OCCUR t- EXCESSLIAB CLAIMS-MADE OED I I RETENTIONs WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 OFFICE/MEMBER EXCLUDED? Y (Mandatory In NH) If yes, descri PFRATION hPI<>w ADDL IINSR F POLICY NUMBER ,jWi\%k. lmnJ-J%o. fX I OPS0059768 03/13/2012 03/13/2013 I I I I NIA I 630729 10/01/2011 10/01/2012 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AIIach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder is listed as an additional insured per form CG2026 0704 attached CERTIFICATE HOLDER CANCELLATION LIMITS EACH OCCURRENCE ISs Yri'ence> MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS • COMP/OP AGG LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) J p'!?ádcc;Z,,? AMAG E EACH OCCURRENCE AGGREGATE I Ttif'JNs I x I0J· E.L. EACH ACCIDENT E.L DISEASE· EA EMPLOYEE E.L. DISEASE • POLICY LIMIT $ 1 000 000 $ 300 000 s 5 000 s 1 000 000 $ 2,000,000 $ $ $ $ $ s s s $ $ s 100.000 s 100.000 $ 500.000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Moscow ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9203 AUTHORIZED REPRESENTATIVE Moscow ID 83843 I Debbie Wischmeier ,A-L--z © 1988-2010 ACORD CORPORATION. All reserved. ACORD 25 (201 0/05) The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- POLICY NUMBER: OPS0059768 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) City of Moscow P.O. Box 9203 Moscow, ID 83843 *The City of Moscow, its agents, servants, employees, officers, and contractors are held harmless from any and all claims, causes of action or damages which may arise from Lesses's use of said premises. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ---PAGE BREAK--- SCOTTSDALE INSURANCE COMPANb ENDORSEMENT NO . 1 _ _ _ _ ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER Negley OPS0059768 03/13/2012 Inland Oasis Inc. Associates 29518 In consideration of the premium charged the following is added to form CG 20 26 07 b4: - - - - - - - --io bept -of -Heaifti-&-pieirar=e---------- - - - - - - - - - - - - 450 West State St., 9th Floor Boise, 10 83720