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RESOLUTION NO. 2005 • 05 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 City park 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-l3-3(D); and WHEREAS, Rendezvous in the Park is an activity designed to promote the arts for patrons and the community of Moscow; 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 Rendezvous in the Park; and WHEREAS, Council wishes to prohibit the sale and/or consumption of liquor during Rendezvous in the Park; 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 meant to waive other laws and regulations applicable to the sale and consumption of alcohol within City limits. 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 RENDEZVOUS IN THE PARK, 2005: 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 an official Rendezvous in the Park event. 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 four ( 4) official Rendezvous in the Park events held in the Summer of 2005 scheduled to occur on the following dates: July 21, 22, 23 and 24, 2 005 RESOLUTION 2005-05 BEERM WINE SALES IN RENDEZVOUS lN THE PARK PAGE I OF3 ---PAGE BREAK--- Liability, Insurance and Safety: 1. At least ten (I 0) days prior to the event at which the licensed vendor will sell alcohol, Rendezvous in the Park 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 ($1,000,000) combined single limits. 2. City shall be named as an additional insured on the insurance policy of the licensed vendor. 3. At least ten (I 0) days prior to the first event held pursuant to the terms of this Resolution, Rendezvous in the Park shall enter into an agreement 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 Rendezvous in the Park's use of East City Park premises. 4. The Moscow Police Chief or his/her 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 this activity. Vendor: I. There shall be only one licensed vendor of beer and/or wine at each event; 2. All alcoholic beverages shall be sold only by the licensed vendor; 3. The 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 the licensed vendor, and proof of insurance covering the vendor's activities (as required herein) shall be provided to the City Clerk ten ( 10) days prior to the event 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 East City Park during Rendezvous in the Park events; described herein 6. The vendor shall provide at least two persons to check proper identification for those who shall be sold alcohol during Rendezvous in the Park events; 7. In order to provide extra policing services, Rendezvous in the Park shall employ the number of Moscow Police Department officers determined appropriate by the Moscow Police Chief or his/her designee during Rendezvous in the Park events on July 22, and 23, 2005 from 5:00 p.m. through 10:00 p.m. and on July 24, 2005 from 4:00 p.m. to 7:00 p.m. Such Moscow Police Officers shall not perform functions other than policing functions. Sales and Consumption: I . All alcohol sales and consumption shall take place within an area designated by Rendezvous in the Park and approved by Moscow City Parks and Recreation Director or his/her designee; 2. The area must be physically separated from the rest of East City Park as shown on a map to be submitted to the City ten ( 10) days prior to the event; 3. No person shall be allowed to purchase, consume or possess alcohol other than within the area within East City Park designed for alcohol consumption; 4. There shall be a limited number of entrances and exits to the 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 and shall not bear a logo for a non-alcoholic beverage; RESOLCTION 2005-05 BEER-WINE SALES IN iN THE PARK PMJE20F3 ---PAGE BREAK--- 6. Alcohol shall be sold within the designated area at East City Park only between the hours of 5:00 p.m. and 10:00 p.m. on July 21, 22 and 23, 2005 and between 4:00p.m. and 7:00p.m. on July 24, 2005 during Rendezvous in the Park; 7. Alcohol shall be consumed within the designated area at East City Park only between the hours of 5:00p.m. and 10:00 p.m. on July 21, 22 and 23 and between 4:00p.m. and 7:00p.m. on July 24, 2005 during Rendezvous in the Park; 8. No person shall carry or consume an alcoholic beverage within East City Park which is not purchased from the licensed vendor at Rendezvous in the Park. Failure To Comply: Failure to comply with this Resolution shall expose any such person to all relevant civil and criminal consequences. EFFECTIVE DATE: That this Resolution shall become effective as of the 7'h day of June, 2005. PASS ED AND APPROVED by the Mayor of the City of Moscow, Idaho, this day of RESOLL:TIO:-.: 2005-05 BFER-W!NE SALES IN REl\DEZVOLiS IN THE PARK PAGE3 OF3