HomeMy WebLinkAboutItem #05 Approval of Special Event Permit to Authorize Sale of Alcohol
AGENDA ITEM COVER SHEET
Meeting Date: August 21,2007
Item # 5
Contact Name:
Contact Number:
Jeffrey Hayes
407 -905-3180
Reviewed By:
Department Director:
City Manager:
1IMi~
Subject: Special Event Permit To Authorize Sale Of Alcoholic Beverages Application by the
Ocoee Lions Club for Founder's Day on October 19 & 20, 2007.
Background Summary:
The Ocoee Lion's Club has submitted a Special Event Permit To Authorize Sale Of Alcoholic Beverages
Application for the purpose of selling beer at the Founder's Day Celebration on Friday, October 19th and Saturday,
October 20th of 2007.
Issue:
Should the Special Event Permit To Authorize Sale Of Alcoholic Beverages Application be approved for the Lion's
Club to sell beer at the Founder's Day Celebration on Friday, October 19th and Saturday, October 20th of2007.
Recommendations
Staff recommends the approval ofthe Special Event Permit To Authorize Sale Of Alcoholic Beverages Application
submitted by the Ocoee Lion's Club for the Founder's Day Celebration on Friday, October 19th and Saturday,
October 20th of 2007.
Attachments:
Special Event Permit Lions Club 09/04/07
Financial Impact:
A percentage of the revenue generated from the sales will be received by the City.
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
City Manager
Robert Frank
If)) u. ~. 6 J fAJ~ ~ 0 '/rJ
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er of Good L' . /0) .7 I 1 1
If.>Jr. C' . C; D . o<oc
~: '. . '. <~ ommlsslOners
. Hi Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Mavor
S. Scott Vandergrift
SPECIAL EVENT PERMIT
TO AUTHORIZE SALE OF ALCOHOLIC BEVERAGES
APPLICATION FORM
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Who will
o All alcoholic beverages as defined by the City of Ocoee.
~ Only beer, as defined in Florida State Statute 563.01, and wine, as defined in Florida
State Statute 564.01, shall be permitted to be served with this application.
City ofOcoee' 150 N Lakeshore Drive. Ocoee, Florida 34761
Phone: (407) 905-3100 . fax: (407) 656-8504 . www.Ci.ocoee.fl.u5
THE FOLLOWING SUPPORTING DOCUMENTS MUST BE ATTATCHED TO TmS APPLICATION
FOR A PERMIT TO BE ISSUED:
A ro riate Fee
Diagram of area to be licensed (not larger than 8 112" x 11" reflecting fence, barriers, partitions, ingress, egress,
and dimensions.
Co of deed, lease, or written ermission of owner for use of remises.
DCertificate of good corporate standing (NONPROFIT) Issued by Secretary of State within last two years, or:
If not inco orated, A NONPROFIT Charter, or:
APPLICATIONS MUST FIRST BE SUBMITTTED TO THE LOCAL LICENCING AUTHORITY (CITY OR
COUNTY) AT LEAST THIRTY 30) DAYS PRIOR TO EVENT.
Certificate of Insurance
CERTIFICATION OF APPLICANT: I certify that I have read this application and that all
information contained is true and correct. I understand that the event may be canceled by the
Chief of Police or City Manager should any conditions/stipulations of the Permit or City
Ordinance or State Statue be violated. I certify that I am authorized by the organization named
herein to act as its agent for the herein described activity.
By filing this application I, and the organization on whose behalf I make this application,
contract and agree that we will jointly and severally indemnify and hold the City harmless
against liability, including court costs and attorneys' fees for trial and on appeal, for any and all
claims for damage to property or injury to, or death of persons arising out of or resulting from
th 'ssuance of the permit of the conduct of the activity or any of its participants.
p, ;2D /'07
Date
DDISAPPROVED
DCONDITIONS FOR
PERM~A TT J TCHED
Date: g;. '.;(() () 1
I
DCONDITIONS FOR
PERMrZ.. TT~TCHED
Date: g; ().. () 7
DCONDITIONS FOR
PERM!!. ATTj TCHED
Date: R. d () 07
Police C e
~APPROVED
Fire Chief V
rz(APPROVED
DDISAPPROVED
U'--
City Manager
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EXHIBIT" A"
SPECIAL EVENT PERMIT
TO AUTHORIZE SALE OF ALCOHOLIC BEVERAGES
GENERAL CONDITIONS
The city commission may require any such civic or fraternal organization, service group,
chamber of commerce, shrine club or any group to enter into a written lease agreement and/or
an indemnification agreement to indemnify and save harmless the city from any and all liability
which may arise as a result of any such function and may further require any such civic or
fraternal organization, service group, chamber of commerce, shrine club or other group to
secure public liability insurance coverage from an insurance company and in an amount that is
acceptable to the city council.
As provided in F.S., 9 561.422, any nonprofit civic organization (hereinafter "applicant")
that desires to sell, provide or serve alcoholic beverages for possession and/or consumption at
an event located on property owned by the city shall file an application form, according to the
procedures set forth herein, for the issuance of an Special Event Permit- to Authorize Sale of
Alcoholic Beverages authorizing such sale, possession and/or consumption of alcoholic
beverages. For the purposes of this section, the term "nonprofit civic organization" shall mean
an organization:
(1) Which has been granted tax exempt status under section 501 (c) (3) or (6) of the
Internal Revenue Code of 1986 as amended;
(2) Which operates an office in the city for the conduct of its business; and
(3) Whose business is devoted to promoting community and economic development
within the city.
Any applicant seeking authorization for the sale. possession and/or consumption of
alcoholic beverages shall obtain a Special Event Permit to Authorize Sale of Alcoholic
Beverages application which shall be filed with the city clerk or his/her designee no less than
thirty (30) days prior to the proposed special event. The filing fee for a Special Event Permit to
Authorize Sale of Alcoholic Beverages application form shall be twenty five dollars ($25.00) and
shall accompany the application upon filing by the applicant.
Any applicant seeking authorization for such sale, possession and/or consumption of
alcoholic beverages shall apply to and receive approval from the director of the division of
alcoholic beverages and tobacco of the department of business and professional regulation in
accordance with F.S., 9561.422 prior to the event. After receiving approval from the director of
the division of alcoholic beverages and tobacco; the applicant shall file an amendment to the
Special Event Permit to Authorize Sale of Alcoholic Beverages application form, documenting
evidence of approval of such approval granted by the director of the division of alcoholic
beverages and tobacco with the city manager or his/her designee on the Special Event Permit
to Authorize Sale of Alcoholic Beverages application form provided by the city manager's office.
The city commission shall consider the Special Event Permit to Authorize Sale of
Alcoholic Beverages application at a regular meeting after the application has been submitted to
the city clerk's office. The city commission's meeting to consider the Special Event Permit to
Authorize Sale of Alcoholic Beverages application shall be held within thirty (30) days after a
completed application is received by the city clerk's office. The city clerk and his/her designee
shall give the applicant notice of the date and time when the application will be reviewed by the
city commission.
Permits issued pursuant to this section for the sale, possession and/or consumption of
alcoholic beverages at a special event shall be subject to the following conditions:
1) The applicant shall be required to mark the access point of the serving area with signs
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informing patrons that alcoholic beverages are not to be taken past the perimeter of the area
shown on the site plan, and the applicant shall staff the entrance with such personnel as are
necessary to enforce the condition;
(2) No applicant shall be issued more than three (3) permits per year;
(3) No permitted event may exceed three (3) days in duration;
(4) An applicant must provide general liability and other insurance as required by the
provisions of Florida Statutes for the sale and/or consumption of alcoholic beverages;
(5) The proposed sales and/or consumption activity must be associated with a public
event;
(6) The proposed sales and/or consumption activity will not unreasonably interfere with or
detract from the promotion of public health, welfare, safety and recreation;
(7) The proposed sales and/or consumption activity will not entail extraordinary or
burdensome expense or police operation by the city;
(8) The use of alcoholic beverages is not expected to result in violence, crime or disorderly
conduct;
(9) The person responsible for conducting the event on behalf of the applicant meets state
minimum age licensing requirements and has not been convicted of a felony or crime involving
moral turpitude;
(10) The applicant has obtained all necessary federal, state and local permits to engage in
the proposed sales and/or consumption activity;
(11) Hours of operation for the sales and/or consumption activity shall be limited to the
hours of noon through 11 :00 p.m. of events held on Monday through Saturday and 1 :00 p.m. to
7:00 p.m. for events held on Sunday~ the applicant shall be fully responsible for enforcing the
hours of operation; the applicant shall be liable for the failure to enforce the hours of operation;
(12) Alcoholic beverages shall be served in plastic containers only, and no cans or glass
containers shall be permitted;
(13) The applicant shall provide for proper disposal of litter resulting from the activity;
(14) The applicant shall comply with all ordinances associated with permitting of events
upon public property;
(15) (a) The possession and consumption of alcoholic beverages shall be confined to
designated areas. The sale of alcoholic beverages shall be confined to private property within
designated areas. The consumption and possession of alcoholic beverages upon a public street
may be permitted as a part of a special event subject to the other conditions in this section. The
perimeter of the designated area shall be posted for the entire event. Only alcoholic beverages
that are sold by the applicant within the posted areas shall be permitted to be possessed,
consumed, or purchased within the said secured areas.
(b) It shall be unlawful for any person to carry alcoholic beverages into the designated
and/or posted areas. Any person who violates this proscription shall be subject to ejection from
the event and shall be subject to arrest.
(16) The applicant may be required to pay all additional costs of police and other city
services attributable to the sale or consumption alcoholic beverages during the activity. On a
case by case basis, the Chief of Police shall determine the number of city police officers that
shall be required for each individual event. The applicant shall reimburse the city for costs
incurred in providing the security needed at a special event where alcoholic beverages are
permitted.
(17) No person under the age of twenty-one (21) shall be permitted to possess, consume,
or distribute any alcoholic beverages at the permitted event.
(18) Any person who desires to purchase, possess, or consume alcoholic beverages at a
permitted event must first present proper identification establishing that such person is of legal
age to purchase, possess and consume alcoholic beverages in the State of Florida, i.e. age
twenty-one (21) or older. After displaying proper proof of legal age, the person desiring to
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purchase, possess, or consume alcoholic beverages shall receive a wristband from the
applicant or his/her agent, which shall be attached to the said person's wrist and worn at all
times during which that person possesses or consumes any alcoholic beverage at the permitted
event. Each wristband shall be constructed of such a material, and in such a manner, that it
cannot be removed without destroying or altering the physical form of the wristband.
(19) The applicant is prohibited from serving or selling alcoholic beverages to any person
who:
a. Appears intoxicated;
b. Is not wearing a wristband;
c. Is wearing a wristband that is altered or destroyed.
(20) The applicant shall provide additional rest room facilities (e.g. portable potties) as are
necessary to serve the additional patrons.
The decision of the city commission shall be the final determination on the approval or
denial of the Special Event Permit to Authorize Sale of Alcoholic Beverages application. In
considering the application for approval or denial, the city commission shall consider the above
listed conditions in addition to any other factors which it deems necessary in order to render a
decision on whether or not to approve a Special Event Permit to Authorize Sale of Alcoholic
Beverages application.
Within the boundaries of the areas so designated in the Special Event Permit to
Authorize Sale of Alcoholic Beverages application form, any person who is twenty-one (21)
years of age or older may possess and/or consume only those alcoholic beverages described
herein at such a lawfully permitted event, as approved by the city commission.
July 10, 2006
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INSTRUCTIONS FOR COMPLETING
DBPR ABT - 6003
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
APPLICATION FOR ONEITWOITHREE DAY PERMIT OR SPECIAL SALES LICENSE
Application begins on page 3
If you have any questions or need assistance in completing this application. please contact the
Department of Business and Professional Regulation or your local district office. Please submit your
completed application to your local district office at least seven (7) days prior to the first date of the event
to insure the permit is issued by the event date. This application may be submitted by mail, through
appointment, or it can be dropped off. A District Office Address and Contact Information Sheet can be
found on AB& T's page of the DBPR web site at the fink provided below.
htto://www.state.f1.usldbor/abt/contact/index.shtml
This application is used for obtaining a one, two, or three day permit to sell alcoholic beverages for
consumption on the reported premises only.
A special sales license may also be obtained from this application for the sale of alcoholic beverages for a
period of up to three days. This license does not permit the sale of alcoholic beverages for consumption
on the premises and only allows package sales in sealed containers.
GENERAL INSTRUCTIONS
Submitting Your Application for a One, Two, Three Day Pennit
The Division of Alcoholic Beverages and Tobacco, Bureau of Licensing, accepts applications for one, two,
and three day events. Contact the District Office serving your area of interest for the dates and times
applications are accepted. Please complete all information. Incomplete applications will be returned. All
questions are applicable and must be answered fully and truthfully.
You must provide an original and a copy of the application and duplicate copies of all supporting
documentation. All signatures must be original.
APPLICATION REQUIREMENTS
Florida Law for OnelTwolThree Day Pennlt
Per Florida Statute 561.422, Non-Profit Civic Organizations: Upon the filing of an application and payment
of a fee of $25 per permit, the division may issue a permit authorizing a bona-fide non-profit civic
organization to sell alcoholic beverages for consumption on premises only for a period not to exceed 3
days for a single event, subject to any state law or municipal or county ordinance regulating the time for
selling such beverages. Any such civic organization may be issued only three such permits per calendar
year. Notwithstanding other provisions of the beverage law, any civic organization licensed under this
section may purchase alcoholic beverages from a distributor or vendor licensed under the beverage law.
All sections of the application must be completed except the section titled Affidavit for Special Sales
License. This section does not pertain to obtaining OnelTwolThree Day Permits. Please note that the
Affidavit of Applicant must have an original signature of an officer of the Non-Profit Civic
Organization; or in the case of a church or synagogue, the signature of an authorized
representative of the church or synagogue, and must be notarized.
Zoning Approval
The city or county zoning authority in which the event or special sale will be held executes zoning
approval. Please check with your local authority for their requirements. Applications must be submitted
within 180 days of receiving this approval.
1
Sales Tax Certification to be completed bv the Florida Department of Revenue. Please take this
application form to the Department of Revenue for their approval. Applications must be submitted within
90 days of receiving this approval.
Corporate Registration or Proof of Non-Profit Status
Corporations are required to be registered with the Florida Secretary of State, Division of Corporations, as
"non-profit" and the status of the corporation must be "active.. Organizations NOT incorporated must
submit one of the following: a letter outlining the purpose and the goals of the event and who will benefit
from the event's profits; organization's National, State, or Local charter; organization's by-laws, 501 (c)3
registration, or Minutes of Meeting. If you have not already registered, you will need to contact the
Department of State at (850) 488-9000 for further information. Your application cannot be accepted by
this division without this registration or proof of non-profit status.
There are several important points you should be aware of:
1. The drinking age is 21. Please ensure that no one under 21 years of age is served an alcoholic
beverage or allowed to consume alcoholic beverages.
2. The purpose of this permit is to provide your non-profit organization with a permit to sell alcoholic
beverages to generate funds for your civic or charitable cause.
3. Your organization, as the permit holder, is the ONLY entity that may receive any of the
profits from the sale of alcoholic beverages on this permit. You must have responsible
members of your organization at the alcoholic beverage sales location at all times. Your
event CANNOT Involve the SHARING OF ANY PROFITS OR RECEIPTS, or a "DONATION"
to your cause If you obtain a temporary permit. Participation In this practice subjects your
organization to jeopardy and denial of future alcoholic beverage permits.
4. All records of alcoholic beverage purchases and sales must be retained for examination by the
Division of Alcoholic Beverages and Tobacco.
5. No 112/3 Day Permit will be issued to any organization in connection with any type of gambling
activity, Le. Casino Night, Las Vegas Night, Monte Carlo Night, etc.
6. If your event Is cancelled due to acts of nature, and you plan to reschedule, you need to
notify the division within 14 days of the cancellation so that you will be eligible for re-
issuance of the permit at no fee to you.
Florida Law for Special Sales License
Florida Statute 561.20(12)(a), Special Sales License: Upon the filing of an application and payment of a
fee of $25 per permit, the division may issue a license authorizing the sale of alcoholic beverages in
sealed containers only, for a period not to exceed 3 days. This license is issued only for the purpose of
authorizing a sale pursuant to: levy and execution; bankruptcy; insurance companies in possession of
alcoholic beverages; license suspension or revocation; goods damaged by a common carrier; bona fide
wine collector; pursuant to part 5 of chapter 679; or a bulk transfer pursuant to chapter 676.
APPLlCA nON CHECKLIST
Select the appropriate Transaction below and comply with the corresponding application requirements.
TRANSACTION
APPLlCA nON REQUIREMENTS
., ."
Pay $25 fee (make check payable to the Department of Business
and Professional Regulation)
o Complete DBPR ABT-6003 Division of Alcoholic Beverages and
Tobacco Application for OnefTwofThree Day Permits or Special
Sales License
o Submit document statin reason for the event
o Pay $25 fee (make check payable to the Department of Business
and Professional Regulation)
D Complete DSPR ABT-6003 Division of Alcoholic Beverages and
Tobacco Application for OnefTwofThree Day Permits or Special
Sales License
o Submit document statin reason for the sale
OnefTwolThree Day
pennlt
Special Sales License
2
DBPR ABT-6003 - Division Of Alcoholic Beverages and Tobacco Application for OnefTwofThree
Day Permits or Special Sales License
~.t.~e...
DBPR",
R~p~
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION
1940 North Monroe Street
Tallahassee, FL 32399-0783
If you have any questions or need assistance in completing this application, please contact the
Department of Business and Professional Regulation or your local district office. Please submit your
completed application to your local district office. This application may be submitted by mail, through
appointment, or it can be dropped off. A District Office Address and Contact Information Sheet can be
found on AB& T's page of the OBPR web site at the link provided below.
htto:/Iwww.state.f1.us/dbor/a bVcontacVindex.shtml
'. '. '1 ....; SECTION 1 - CHECK TRANSACTION REQUESTED
Transaction Type:
riJ OnefTwofThree Dav Permit 0 Soecial Sales License
, . "
SECTION 2 - LICENSE INFORMATION
Full Name of Entity or Organization
(If this is a corporation or other Ie al entity, enter the name as registered with the Secretary of State)
OGTOBe:12. ,~
3
. .
.. .1,,""';:, SECnON3-SALESTAX ".
; ',;'" ~ .. TO BE COMPLETED BY THE DEPARTMENT OF REVENUE
Name of Entity or Organization
"
The named applicant for a license/permit has complied with the Florida Statutes concerning registration for
Sales and Use Tax and has agreed to pay any applicable taxes due.
Signed
Date
Title
Department of Revenue Stamp:
The location complies with zoning requirements for the temporary sale of alcoholic beverages pursuant
to this applicatio r a OnefTwofThree Day permit. or Special Sales License.
Signed Date ~D,)7
Title CIT"'f' Mk1\l ~
4
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SECTION 5 - AFFIDAVIT OF APPLICANT
NON-PROFIT CIVIC ORGANIZATION ALCOHOLIC BEVERAGE PERMIT
. NOTARIZATION REQUIRED
l-f ON5 eLl)
'This is to certify that the applicant requesting the permit in the above and foregoing application is a non-
profit civic organization and that the permit, if used, will be used only by the organization making application,
on the date(s) requested and at the location stated. This is to further certify that the applicant organization
has not received more than three (3) permits within the calendar year and agree that the location may be
inspected and searched during the time that the permit is issued and business is being conducted without a
search warrant by authorized agents or employees of the Division of Alcoholic Beverages and Tobacco, the
Sheriff, his Deputies, and Police Officers for purposes of determining compliance with the alcoholic
beverage laws.
I, the undersigned individual, hereby swear or affirm that I am duly authorized to make the above and
foregoing statements on behalf of the applicant organization. Furthermore, I swear under oath or affirmation
under penalty of pe~ury as provided for in Sections 559.791,562.45, and 837.06, Florida Statutes, that the
foregoing information is true to the best of my knowledge."
STATEOF FLoR.l'M
~~RE
The fore oing was ( ) Sworn to and S~ibed OR ( ~k~OWledged Before me this ~ 11 Day
Q ,20~,By: L~ ~
who is (.....nrersonally known to me OR ( ) who proiced &/../
/ =-r-
~ "li" !\Iotary Pllhll. ';rate of Florida
t.4 Glom. i ',IV;.,:
. ~-1->:. MIl C,)f.'i'" "'lr, OD3.89416
Com pile:. ",1\ 1/20~J
COUNTY OF O~&e
as identification.
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6 - AFFIDAVIT OF APPLICANT
FOR SPECIAL SALES LICENSE
Name of Entity or Organization A
L..J O~c.:: N L
"I, the undersigned individual, or if a corporation for itself, its officers and directors, hereby swear or affirm
that I am duly authorized to make the above and foregoing application for a special sales license which
authorizes the sale of alcoholic beverages for period of up to three (3) days. I understand this license does
not permit the sale of alcoholic beverages for consumption on the premises and only allows package sales
in sealed containers and agree that the location may be inspected and searched during the hours that the
special sale is being conducted without a search warrant by authorized agents or employees of the Division
of Alcoholic Beverages and Tobacco, the Sheriff, his Deputies, and Police Officers for purposes of
determining compliance with the beverages laws.
I swear under oath or affirmation under penalty of perjury as provided for in Sections 559.791, 562.45, and
837.06, that the foregoing information is true to the best of my knowledge and that no other person or entity
except as indicated herein has an interest in the special sales license and that all of the above listed
persons or entities meet the qualifications necessary to hold this special sales license."
STATE OF ~LD~ luA
COUNTYOF r9AN&E: (J ~
~L19ANT SIGNATURE
ing was ( ) Sworn to and Subscribed OR ( ~knowledged Before me this .:;;j1 tJ Day
,20~. By: ~~ ~t'.P::?
h . ( . /'
w 0 IS --]15ersonally known to me OR ( ) who produced as identification.
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Notary Public State of Florida
Gloria J Vyka
My Commission OD389416
~xpires 04/0 1/2009
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This form is to be completed ONLY when the event of the non profit
organization is being held at a location that is licensed for the sale of alcoholic
beverages by the Division.
Note: This form must be signed by the permanent license holder and
submitted by the non-profit group along with the application for
One/Two/Three Day Permit.
Licensee:
Business Name:
License #
Series:
Name of Non-Profit Group:
Date(s) of Event:
IMPORTANT
A One/Two/Three Day permit is being requested for an event to be held on
your licensed premises. During the event, no sales or service of alcoholic
beverages may be made under your alcoholic beverage license. Failure to
comply will result in administrative charges being filed against your license.
Signature of Licensee
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