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RESOLUTION NO. 2015 - 11 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. 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, Moscow Main Street between 1st and 3rd Streets in Moscow is a City Street (hereinafter "the Event Location"); and WHEREAS, Bucer's Street Concert event, 2015 (hereinafter "the Permitted Event") is an event sponsored by Bucer' s (hereinafter "the Event Sponsor") and is open to the public, intended to promote Moscow's downtown; 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; 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; 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 or of the Permitted Event, and/or its affiliates, associations, contributors, supporters, participants, etc.; RESOLUTION 2015 - 11 BEER-WINE SALES-BUCER'S STREET CONCERT 2015 PAGE l OF6 ---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 CONSUMPTION OF BEER AND/OR WINE DURING BUCER'S STREET CONCERT, 2015: 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. 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 Permitted Event held on the 26th day of June, 2015 from 6:00 p.m. to 10:00 p.m. Set-up may begin at 6:00 p.m.; tear-down and clean-up may continue until 11:00 p.m. Liability, Insurance and Safety: 1. No less than eight days prior to the Permitted Event at which the licensed vendor will sell alcohol, the Event 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. No less than eight days prior to the first activity of the Permitted Event(s) herein described, the Event Sponsor shall deliver to the City Clerk one copy of written proof that the Permitted Event 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. 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. No less than eight days prior to the Permitted Event, the Event Sponsor shall deliver to the City Clerk the signed original of the 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 use of the Event Location 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 determination by the Moscow Police Chief or his/her designee to terminate all or part of the Permitted Event. Vendor: 1. There shall be only one licensed vendor of beer and/or wine at the Permitted Event; 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; RESOLUTION 2015 -11 BEER-WINE SALES-BUCER'S STREET CONCERT 2015 PAGE 20F6 ---PAGE BREAK--- 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 eight 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 Permitted Area during the Permitted 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 Permitted Event. These persons shall be clearly identified and shall be stationed within ten feet (1 of the sales and/or dispensing counter between 7:00 p.m. and 10:00 p.m. while alcoholic beverages are being sold and/or consumed; 7. There shall be at least two police officers providing security, clearly identified 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 sixty three dollars and fifty cents ($63 .50) per hour. The Event Sponsor and City both specifically understand and acknowledge that the Event Sponsor 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 for the Permitted Event, including, but not limited to, every police officer required by this Agreement. Sales and Consumption: 1. No less than eight days prior to the Permitted Event at which the licensed vendor will sell alcohol, the Event 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; ( c) identification checking station; and ( d) food sales and service areas. Said site design and any subsequent alterations shall be approved in writing by the Moscow Public Works Director or designee, and by the Moscow Chief of Police prior to the Permitted Event; 2. All alcohol sales and consumption shall take place within the area designated by the Event 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 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 (1 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; RESOLUTION 2015 -11 BEER-WINE SALES - BUCER' S STREET CONCERT 2015 PAGE3 OF6 ---PAGE BREAK--- 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 area in the Street Permitted Area only between the hours of 7:00 p.m. and 10:00 p.m. on the 26th day of June, 2015; 11. Alcohol shall be consumed only within the designated area in the Street Permitted Area only between the hours of 7:00 p.m. and 10:00 p.m. on the 26th day of June, 2015, during the Permitted Event; 12. No person shall carry or consume an alcoholic beverage within the Street Permitted Area which is not purchased or dispensed from the licensed vendor at the Permitted Event and consumed within the approved consumption area. Consumption of alcohol not purchased within the Street 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 15th day of June, 2015. bert, Mayor Signature of Authorized Representative: I, Pat Greenfield, as 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. Signature b4J./.iC: ACKNOWLEDGMENT RESOLUTION 2015 -1 1 BEER-WINE SALES-BUCER'S STREET CONCERT 2015 PAGE40F6 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this day ofÁ. )/\wk , 2015, before me, a Notary Public in and for said State, appeared Pat GreeÂtt(f)W11,ttQ me to be the person named above and acknowledged that he/she executed the for!$l>"#$t1 K ;he duly authorized repre entative for Buu.r5 ' • n·y • . J . ; ! • : l'S:f_ o_:ta\: r:oAyPP..LuÃbÄl iÅ c..l.!fiÆ orÇ-ÈÉ= _ : \ ue\.'(i 0 iesiding I · · . p . commission ex • • • ' ,S \V ' }'ATE o'i' ' ' , , , Attachment: Hold Harmless Agreement RESOLUTION 2015 -11 BEER-WINE SALES -BUCER'S STREET CONCERT 2015 PAGE50F6 ---PAGE BREAK--- A ·t -G H " t @ l' 'I ? J! \H i1l D 1 F < 4- ..II t - J @ 6 - B .f E I = . IS H -t \ K ' I I I I - F l l 111 < A· I :f _ - I \J J C l . I / tu \ l v cD. RESOLUTION 2015 -11 BEER-WINE SALES -8UCER'S STREET CONCERT 20 15 PAGE60F6 ---PAGE BREAK--- EXHIBIT AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND SPONSOR OF NEIGHBORHOOD BLOCK PARTY THIS AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY, between City of Moscow, Idaho (hereinafter "CITY") and the sponsor of the neighborhood block party (hereinafter "SPONSOR"), is made and entered into this li_ day ot:1L.,.lb tl...J , 2015. WHEREAS, pursuant to CITY's Policy on Street Closure, the person(s) and or group holding a neighborhood block party is required to enter into an agreement with CITY to defend, hold harmless and indemnify CITY, its agents, servants, employees, officers and contractors from any and all claims, causes of action, or damages which may arise from the sponsor's use of CITY premises for the approved event; and WHEREAS, this Agreement meets such requirement; NOW, THEREFORE, CITY and SPONSOR agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; SPONSOR, through its duly and specifically authorized agents, hereby releases CITY and agrees, contracts and covenants not to bring suit and agrees to defend, hold harmless, and indemnify CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by SPONSOR's own agents, officers, employees and representatives to which SPONSOR might otherwise be immune, arising from the event scheduled to occur J 1...LR , 2015, from ( a p.m. until \ \ p.m., permitted under the terms of CITY' Policy on Street Closure, except for claims based upon the sole negligent, intentional acts of CITY. SPONSOR expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including officers, employees, agents and representatives arising out of, related to, or caused by activities of the event. Inspection, review and/or acceptance by CITY of any activity performed by or during the event or any activity or non-activity by CITY police officers or other officers, employees, agents or representatives of CITY shall not be grounds for avoidance of any of the covenants of defense, indemnification or hold harmless by SPONSOR in behalf of CITY contained in this Agreement. SIGNED this _.Ca_ day of \ q , 2015. EVENT SPONSOR AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY PAGE l OF 2 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this \ dz of C v-t- , 2015, before me, a Notary Public in and for said State, appeared known to me to be the person named above and acknowledged that he/she executed the foregoing document as having been specifically authorized and having authority to bind B\A.C-L-r 5 to this Agreement. ' " " ' ' \)'.UR112 111,. I' . . • ' A , · · · · t . .C.tLLv'llVL--- · Notary Public for the State ofl : • · Residing : cP "°(Jb ' : {My commission . · . . Q'-1c · 2 DE · . F . . . . . . ' . ,oG IOA'f\O, . 11\\\ AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY PAGE20F2