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HomeMy WebLinkAbout20120416 - VII-1 & VIII-C-1 City Council Memorandum To: Mayor Hicks & City Councilmembers From: Melanie Mesko Lee, Assistant City Administrator Date: April 11, 2012 Item: Ordinance Amendment Relating to 94.05 (C)(2) Council Action Requested: Conduct the public hearing and approve the second reading/ordinance amendment relating to allowing the sale of wine/wine coolers at Jaycee Park during a community-wide festival and expanding the authorized hours for such consumption/possession until 11:00 p.m. Background Information: Current Section 94.05 (c)(2) of City Code allows sale of 3.2% malt liquor at Jaycee Park until 10:00 p.m. in conjunction with the required license and in conjunction with a community-wide festival. Rivertown Days organizers and the Jaycees, the authorized vendor for the Rivertown Days liquor license, have requested authorization to serve wine and/or wine coolers as part of Rivertown Days. They have also requested being able to sell until 10:30, with consumption until 11:00 p.m. Staff has reviewed the request and has no concerns about recommending the additional sales of wine coolers and/or wine as part of the liquor license. There is currently a prohibition on glass in City Parks, which would remain. The organizers have been notified of this and should they choose to serve wine and/or wine coolers in addition to 3.2 beer, they would be required to comply with that prohibition. Additionally, the Jaycees will continue to be required to secure private security for the event, verify identification for appropriate service, and prevent overservice to patrons. With respect to the later consumption time, an 11:00 p.m. consumption limit would allow the band to play for a quick set after the fireworks to allow for the crowd to leave at varied times. Sales would be permitted until 10:30 p.m., and patrons would have until 11:00 p.m. to consume. The Council has approved the band to play until 11:00 p.m. as part of the Rivertown Days Special Event approval and staff is supportive of this ordinance amendment. Staff has not received any any comments with regards to the proposed ordinance amendment. Financial Impact: None. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Proposed ordinance amendment. CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2012-___, THIRD SERIES An Ordinance of the City of Hastings Regarding Chapter 94.05 Related to Jaycee Park BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 94, SECTION 94.05(C)(2) IS AMENDED AS FOLLOWS: (new language is underlined, strikethrough language is deleted): § 94.05 ADDITIONAL UNLAWFUL ACTS. It is unlawful in any park for any person to: (C) It is unlawful for any person to consume or be in possession of intoxicating liquor, wine or 3.2% malt liquor in any city park between 6:00 p.m. and 8:00 a.m. except in: (2) Jaycee Park where possession and consumption of 3.2% malt liquor and/or wine only shall be allowed between 6:00 p.m. and 10:00 11:00 p.m. when such possession and consumption is in conjunction with the issuance of a temporary 3.2% malt on-sale wine and beer liquor license issued to a qualified entity as part of a community wide festival; such sale, possession and consumption is in a confined area approved by the city council; and in compliance with all other conditions the council reasonably deems necessary to protect the public health, safety and welfare. This Ordinance shall be effective upon its passage and publication. Moved by Councilmember _____________________ and seconded by Councilmember to approve the Ordinance amendment, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this ____ day of ________, 2012, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: ___________________________________ Melanie Mesko Lee Assistant City Administrator/City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of ______, 2012, as disclosed by the records of the City of Hastings on file and of record in the office. Assistant City Administrator/City Clerk