HomeMy WebLinkAboutItem #06 Sale and Consumption of Alcohol at Community Events
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AGENDA ITEM COVER SHEET
Meeting Date: July 18, 2006
Item # ~
Contact Name:
Contact Number:
Jeffrey W. Hayes
407 -905-3180
Reviewed By:
Department Director:
City Manager:
~--
Su~ect: Approval of Resolution to Allow for Sale and Consumption of Alcohol
at Certain Community Events.
Background Summary:
The City Commission at its regular meeting on June 20, 2006, directed staff to move forward with the resolution
that would establish the policies and procedures for a Special Events Permit for Founder's Day that would allow the
sale of alcoholic beverages.
City staff researched the issue to determine what other cities required for the sale of alcoholic beverages at special
events. Based upon that research, staff has developed a set of general conditions, application, and resolution that
would allow the City Commission to approve the sale and consumption of alcoholic beverages at community
events.
Issue:
The City Commission is required by City Ordinance to establish, by resolution, the policies and , procedures that will
allow for the sale and consumption of alcoholic beverages at special events in public places.
Recommendations
Staff recommends the adoption of the general conditions, application, and resolution.
Attachments:
1, Resolution 2006-007 for Alcoholic Beverages at Special Events
2, Special Event Permit to Authorize Sale of Alcoholic Beverages General Conditions' ERhibi t".1\ II
3, Special Event Permit to Authorize Sale of Alcoholic Beverages Application
Financial Impact:
None at this time,
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clem'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
2
Commissioners
Garv Hood. District 1
Scott Anderson. District 2
Rustv Johnson. District 3
Joel Keller. District 4
Mayor
S. Scott Vandergrift
City Manager
Robert Frank
STAFF REPORT
DATE:
The Honorable Mayor and City Commissioners
Jeffrey W. Hayes, Parks and Recreation Director j ~
July 6, 2006
TO:
FROM:
RE:
Resolution to allow for the sale and consumption of alcoholic beverages at special events.
ISSUE
The City Commission is required by City Ordinance to establish, by resolution, the policies and procedures that
will allow for the sale and consumption of alcoholic beverages at special events in public places.
BACKGROUNDIDISCUSSION
The City Commission at its regular meeting on June 20, 2006, directed staff to move forward with the resolution
that would establish the policies and procedures for a Special Events Permit for Founder's Day that would allow
the sale of alcoholic beverages.
City staff researched the issue to determine what other cities required for the sale of alcoholic beverages at
special events. Based upon that research, staff has developed a set of policies and procedures, application, and
resolution that would allow the City Commission to approve the sale and consumption of alcoholic beverages at
community events.
RECOMMENDATION
Staff recommends the adoption of the general conditions, application, and resolution.
1
City Manager
Robert Frank
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F, Keller, District 4
Mayor
S, Scott Vandergrift
SPECIAL EVENT PERMIT
TO AUTHORIZE SALE OF ALCOHOLIC BEVERAGES
APPLICATION FORM
IN ORDER TO QUALIFY FOR A COMMUNITY EVENT, YOU MUST BE A NONPROFIT CIVIC
ORGANIZATION.
President / Secreta
Mailing address:
City/town:
Contact for Event:
Mailing address:
City/Town:
Zip:
Phone( )
Work( )
Has Applicant Organization been issue a permit this calendar year?
Location Of Event:
Address:
City /Town: Zip:
List below the Exact Date(s) and Hours for Event which Application is being made for
Permit.
Date:
Date:
Date:
From:
From:
From:
DAMDpM
DAMDpM
DAMDpM
TO:
TO:
TO:
DAM DPM
DAM DPM
DAM DPM
Estimated Number of Participants:
Who will provide clean-up (trash, etc) after event?
o All alcoholic beverages as defined by the City of Ocoee.
o 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 of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
Phone: (407) 905-3100. fax: (407) 656-8504. www,cLocoee,fl,us
THE FOLLOWING SUPPORTING DOCUMENTS MUST BE ATTATCHED TO THIS APPLICATION
FOR A PERMIT TO BE ISSUED:
L jAppropriate Fee
DDiagram of area to be licensed (not larger than 8 1/2" x 11" reflecting fence, barriers, partitions, ingress, egress,
and dimensions,
DCopy of deed, lease, or written permission of owner for use of premises,
DCertificate of good corporate standing (NONPROFIT) Issued by Secretary of State within last two years, or:
DIfnot incorporated, A NONPROFIT Charter, or:
DAPPLICA nONS MUST FIRST BE SUBMITTTED TO THE LOCAL LICENCING AUTHORITY (CITY OR
COUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO EVENT,
DCertificate 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
the issuance of the permit of the conduct of the activity or any of its participants.
Signed (applicant)
Date
DAPPROVED DDISAPPROVED DCONDITIONS FOR
PERMIT A TT A TCHED
Police Chief Date:
DAPPROVED DDISAPPROVED DCONDITIONS FOR
PERMIT A TT A TCHED
Fire Chief Date:
DAPPROVED DDISAPPROVED DCONDITIONS FOR
PERMIT A TT A TCHED
City Manager Date:
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
TO ALLOW FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT CERTAIN COMMUNITY
EVENTS WHEN AUTHORIZED IN ADVANCE BY THE
CITY COMMISSION AND WHEN A VALID LIQUOR
LICENSE IS OBTAINED AND DISPLAYED; PROVIDING
FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on July 18, 2006, the City Commission of the City of Ocoee, Florida (the
"City Commission") adopted a Resolution to allow for the sale and consumption of alcoholic
beverages at certain community events when authorized in advance by the City Commission and
when a valid liquor license is obtained and displayed.
WHEREAS, the City Commission of the City of Ocoee desires to authorize the
consumption of alcoholic beverages at certain times and at certain places on public property
when offered for sale and consumption as part of a community event; and
WHEREAS, this section shall not prohibit the offering of alcoholic beverages for sale
and consumption in public places as part of a community event PROVIDED that the
organization seeking to offer alcoholic beverages requests by application with the City Clerk,
authorization from the City Commission and identify the particular community event or events at
which the sponsor wishes to offer alcoholic beverages for sale and consumption. The application
must be made no later than thirty (30) days prior to the first community event for which
authorization is sought. Those applying for the City Commission's authorization to offer
alcoholic beverages for sale and consumption must meet the requirements of state law with
respect to liquor permits and the "Special Event Permit to Authorize Sale of Alcoholic Beverages
General Conditions" (attached hereto as "Exhibit "A"). During the course of the community
event, the state liquor permit must be displayed within the area. For purposes of this section,
"community event" shall mean fairs, markets, and festivals held on public property where the
public at large is invited to attend, including but not limited to the Founder's Day, As
appropriate, the City Commission may specify special conditions of use including the types of
alcoholic beverages to be sold and note the conditions on the authorization.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of
Florida, and Chapter 163, Florida Statutes (2005) and Part III, Chapter 163, Florida Statutes
(2005),
SECTION 2. Findin2s. The City Commission does hereby find, the sale and
consumption of alcoholic beverages at certain community events when authorized in advance by
the City Commission and when a valid liquor license is obtained and displayed,
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto
SECTION 4. Effective Date. This resolution shall become effective
immediately upon passage and adoption; this 18th day of July, 2006
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA:
APPROVED AS FOR FORM AND LEGALITY
This _ day of , 2006.
FOLEY & LARDNER LLP
By:
City Attorney
2
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., ~ 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" ~ 561.422 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
1
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, Le, age
twenty-one (21) or older. After displaying proper proof of legal age, the person desiring to
2
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
3
Statutes & Constitution :View Statutes :->2005->Ch0561->Section 422 : Online Sunshine Page 1 of 1
Select Year: 2005 I Go I
The 2005 Florida Statutes
Title XXXIV
ALCOHOLIC BEVERAGES AND
TOBACCO
Chapter 561
BEVERAGE LAW:
ADMINISTRATION
View Entire
Chapter
561.422 Nonprofit civic organizations; temporary permits.--Upon the filing of an application,
presentation of a local building and zoning permit, and payment of a fee of $25 per permit, the director
of the division may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic
beverages for consumption on the premises only, for a period not to exceed 3 days, subject to any state
law or municipal or county ordinance regulating the time for selling such beverages. All net profits from
sales of alcoholic beverages collected during the permit period must be retained by the nonprofit civic
organization. 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.
History.--s. 1, ch. 72-380; s. 1, ch. 83-79; s. 5, ch. 84-262; s. 2, ch. 2003-20.
Copyright <9 1995.2006 The Florida Legislature. Privacy Statement. Contact Us
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Statutes & Constitution :View Statutes :->2005->Ch0563->Section 01 : Online Sunshine
Page 1 of 1
Select Year: 2005 I Go I
The 2005 Florida Statutes
Title XXXIV Chapter 563
ALCOHOLIC BEVERAGES AND TOBACCO BEER
563.01 Definition.--The terms "beer" and "malt beverage" mean all brewed beverages containing
malt.
View Entire Chapter
History.'.s. 3, ch. 72.230.
Note...Former s. 561.01 (3).
Copyright (Q 1995.2006 The Florida Legislature. Privacy Statement. Contact Us
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Statutes & Constitution :View Statutes :->2005->Ch0564->Section 01 : Online Sunshine
Page 1 of 1
Select Year: 2005 I Go I
The 2005 Florida Statutes
Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO
564.01 Definitions.--
Chapter 564
WINE
View Entire Chapter
(1) "Wine" means all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner required by the laws and
regulations of the United States, and includes all sparkling wines, champagnes, combination of the
aforesaid beverages, vermouths, and like products. Sugar, flavors, and coloring materials may be added
to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of the
product may not be altered to imitate a beverage other than wine or to change the character of the
wine.
(2) "Fortified wine" means all wines containing more than 17.259 percent of alcohol by volume.
History.--s. 4, ch. 72-230; s. 10, ch. 86-269.
Note.--Former s. 561.01(4),(5).
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