Full Text
RESOLUTION NO. 2009-19 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 5-13- 3(D); and WHEREAS, Palouse Pride Festival is an event sponsored by Inland Oasis, Inc. which IS designed to promote family and community fellowship; and WHEREAS, Council wishes to al1ow for the vending and responsible consumption of beer and/or wine under certain conditions, contained herein and during limited hours during Palouse Pride Festival; and WHEREAS, Council wishes to prohibit the sale and/or consumption of liquor during Palouse Pride Festival; 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 Palouse Pride Festival, 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: RESOLUTION 2009 -19 BEER-WINE SALES IN PALOUSE PRIDE FESTIVAl PAGI: I or 3 ---PAGE BREAK--- 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 pmiiculars of this Resolution or beyond the hours of an official Palouse Pride Festival 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 the Palouse Pride Festival event held on the 15111 day of August, 2009. Liability, Insurance and Safety: 1. At least ten (1 0) days prior to the event at which the licensed vendor will sell alcohol, Palouse Ptide Festival shall demonstrate that the licensed vendor has cunent, 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. At least ten ( l 0) days prior to any event herein described, Inland Oasis, Inc. shall demonstrate that Inland Oasis, Inc. has obtained current, 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 pruiy subject to a claim related to these events. 3. City shall be named as an additional insured on the insurance policy of the licensed vendor. 4. At least ten ( 1 0) days prior to the first event held pursuant to the tenns of this Resolution, Inland Oasis, Inc. 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 Inland Oasis' use of East City 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 detetmines 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 tenninate this activity. Vendor: 1. There shall be only one ( 1) licensed vendor of beer and/or wine at the 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; 4. The nrune, address, telephone number, alcohol license pennit number of every 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 detennining which vendor shall be selected to sell alcoholic beverages in East City Park during Palouse Pride Festival events; described herein 6. The vendor shall provide at least two persons to check proper identification for those who shall be sold alcohol during Palouse Pride Festival events; RESOLUTION 2009 BEER-WINE SALES ]N PALOUSE PRIDE FESTIVAl PAGE20F3 ---PAGE BREAK--- 7. There shall be at least two persons providing security at least one of whom shall be a Moscow Police Officer, clearly identified as such, on duty at all times whenever alcohol is being served. Oasis and City both specifically understand and acknowledge that Inland Oasis, Inc. shall be solely responsible for any and all liability resulting from action or inaction, negligence, and/or gross negligence by security provided by Oasis for this event. Sales and Consumption: 1. All alcohol sales and consumption shall take place within an area designated by Palouse Pride Festival and approved by Moscow City Parks and Recreation Director or his/her designee and by the Moscow Chief of Police; 2. The area(s) must be physically separated from the rest of East City Park as shown on a map to be submitted to the City ten (1 0) 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 and approved by Moscow City Parks and Recreation Director and Moscow Chief of Police; 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; 6. Alcohol shall be sold only within the designated areas at East City Park only between the hours of 12:00 p.m. and 5:00p.m. on the 15111 day of August, 2 009; 7. Alcohol shall be consumed within the designated area at East City Park only between the hours of 12:00 p.m. and 5:00p.m. during Palouse Pride Festival; 8. No person shall cany or consume an alcoholic beverage within East City Park which is not purchased from the licensed vendor at Palouse Pride Festival. 9. Every effort shall be taken to create as much physical separation as practicable in East City Park dming Palouse Pride Festival between consumers of alcohol and those persons not legally able to consume alcohol. Failure To Comply: Failure to comply with this Resolution shall expose any such person to all relevant civil and criminal consequences. ND APPROVED by the Mayor of the City of Moscow, Idaho, this ff,Y'I r ,2oo 9. RESOLUTION 2009 -19 BEER-WtNE SAt.ES lN PALOUSE PlUDE FESTIVAL JULY 12 1887 day of PAGl' 3 OF 3