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' . RESOLUTION NO. 2010- 04 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, TO ALLOW FOR THE TEMPORARY VENDING OR DISPENSING OF BEER AND/OR WINE IN CITY HALL UNDER SPECIFIC REGULATIONS AND UNDER CERTAIN LIMITED CONDITIONS PURSUANT TO MOSCOW CITY CODE SECTIONS 9-8-17 AND 9-6-35; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PAS SAGE AND APPROVAL. WHEREAS, Moscow City Code Sections 9-8-1 7 and 9-6-35 prohibit the possession of wine or beer while present in City buildings, except in accordance with specific regulations adopted by Council by Resolution; and WHEREAS, City Hall in Moscow is a City building; and WHEREAS, Third Street Gallery Art openings (hereinafter "the Permitted Events'') are a series of events sponsored by the City of Moscow Arts Department together with the Moscow Arts Commission, a Commission of the City of Moscow (hereinafter "the Event Sponsors"), intended to promote family and community fellowship and appreciation of art and culture; and WHEREAS, Council wishes to allow for the vending, distribution, and responsible consumption of beer and/or wine under certain conditions, contained herein and during the limited hours of the Pennitted Events in City Hall; and WHEREAS, Council wishes to prohibit the sale and/or consumption of liquor during the Pennitted Events; 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 beer and wine; and WHEREAS, nothing contained in this Resolution is intended to waive other laws and regulations applicable to the sale and consumption of alcohol (including beer and wine) 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 Events, 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: RESOLUTION 20 l 0- 04 FEBRUARY 20 l 0 BEER-WINE SALES- THIRD STREET GALLERY ART OPENINGS PAGEl OF4 ---PAGE BREAK--- SPECIFIC REGULATIONS ON THE SALE AND/OR CONSUMPTION OF BEER AND/OR WINE DURING THIRD STREET GALLERY ART OPENINGS: Intent: This Resolution is intended to allow the sale, distribution 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 Events. 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 Events. Liability, Insurance and Safety: 1. No less than ten ( 1 0) days prior to each Third Street Gallery Art opening at which a licensed vendor will sell alcohol, the City Clerk shall confirm that the City of Moscow, Idaho has current, paid up, liability insurance in an amount not less than the minimum amount specified in the Idaho Tort Claims Act. 2. 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 Pem1itted Events. Vendor: 1. There shall be only one licensed vendor of beer and/or wine at each 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 re[:,rulations, including, but not limited to, the City requirement of a catering pem1it; 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 ( 1 0) days prior to each of the Permitted Events at which such licensed vendor shall sell alcoholic beverages; 5. The vendor shall provide at least one person to check proper identification for those who shall be sold alcohol during each of the Pennitted Events This person shall be clearly identified and shall be stationed at the designated sales/dispensing area and no more than ten feet ( 1 from any sales or dispensing counter; Sales and Consumption: 1. No less than ten (1 0) days prior to each of the Permitted Events at which the licensed vendor will sell alcohol, the City Arts Director shall deliver to the City Clerk a site map which shall be drawn to show the location of the dispensing area, consumption area, entry and exit points; and food sales and service areas. Said site design and any subsequent RESOLUTION 20 I 0- 04 fEBRUARY 16. 20 I 0 PAGE 2 or4 BEER-WINE SALES- THIRD STREET GALLERY ART OPENINGS ---PAGE BREAK--- 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 each of the Permitted Events. 2. All alcohol sales shall take place only within the area on the second floor of City Hall designated by the City Arts Director and as shown on the site map required by this Resolution; 3. 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; 4. Alcohol shall be sold only within the designated area on the second floor of City Hall only between the hours of 5:00p.m. and 8:00p.m. during the Permitted Events; 5. Alcohol shall only be consumed on the second and third floors of City Hall and shall not be otherwise possessed or consumed within City Hall; 6. All alcohol shall be consumed from a readily identifiable container not more than sixteen ounces (16 oz.) in size which shall not bear a logo for a non-alcoholic beverage; 7. Every occupant within the areas designated for alcohol consumption shall provide identification to law enforcement officers or City employees or City representatives/agents who request it. 8. A sign shall be prominently posted at or near the entrance and exit to each area designated for alcohol sales or consumption stating that consumption or possession of alcohol outside of such designated area is not lawful. 9. No person shall carry or consume an alcoholic beverage within City Hall which is not purchased or dispensed from the licensed vendor at the Pennitted Events and consumed within the approved consumption area. Consumption of alcohol 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 City Hall, as determined by the Council. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 1611 1 day of February 17, 2010. RESOLUTION2010-04 FEBRUARY 16,2010 Bt.ER-WINE SALES- TIIIRD STREET GALLERY ART OPENINGS PAGE3 OF4 ---PAGE BREAK--- Signature of Authorized Representative: I, Kathleen Bums, 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. STATE OF IDAHO ) ss. COUNTY OF LATAH ) iih. \J ·dO tO Date ACKNOWLEDGMENT On this ! day of bVL< Ct , 20 I 0 , before me, a Notary Public in and for said State, appeared Ked {rllf c: 11 I iV 1\S , known to me to be the person named above and ackno_wleÕged that he/she executed the foregoing document as the dul): authoriz _ ed representative for tv'\cstc:l-<1 rc%r1lnl.Jt.f-/M vSCc.'i.V Arts ( "'t'hl'l1.(&5tCt!. RESOLIJTJON 20 l 0- 04 FEBRUARY 20 l 0 BEER-WINE SALES- THIRD STREET GALLERY ART OPENINGS PAGE40F4