HomeMy WebLinkAbout1998-10-07 PACKET 12.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITE
DATE 10/7/98 __
PREPAREd BY: City Clerk Caron Stransky
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
Review information relating to possession, consumption and sale of 3.2 beer in City parks and
open spaces and provide Council direction to Staff.
SUPPORTING DOCUMENTS
� MEi�iO/LETTER: Memo from Caron Stransky, City Clerk and Letter from LMC
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING REGOMMENDATION:
❑ LEGAL RECOMMENDATIQN:
❑ OTHER: Survey
ADMINISTRATORS COMMENTS
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City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTNER
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TO: Ryan Schroeder, City Administrator
FROM: Caron M. Stransky, City Clerk
DATE: October 1, 1998
SUBJECT: ALCOHOL IN PARKS AND OPEN SPACES
introduction
At the August 5 meeting, the City Council directed staff to obtain additional
information on ailowing consumption of alcohol by special permits for social
events.
Background
On March 4, 1998, the City Council adopted Ordinance No. 655 prohibiting the
"possession or consumption of alcoholic beverages in all City park and ope�
space areas, with the exception of the River Oaks Municipai Goif Course." The
City is licensed to sell On-Sale 3.2 beer at the golf course. Chapter 17A relating
to Parks defines "Park" as follows:
Any land or water area, and a(I facilities thereon, under the
jurisdiction, control or ownership of the City including, but not
limited to parks, playgrounds, recreation areas, open space or
golf courses.
The Ordinance does not specifically ban the sale of alcohol in parks and open
spaces but by restricting possession or consumption, sales would also be
prohibited. !n at"er words, you could sel{, but no4 possess or consume.
O tp ions
There has been some discussion on the possibility of allowing the possession
and consumption of 3.2 beer in a park for special events, i.e. family reunions,
picnics, etc. My o�ce completed a survey on whether there were specific
circumstances under which aiconol was allowed to be consumed and/or sold on
City property. As you recail, almost every community who responded to my
survey banned alcohol in parks to some degree.
A list of those options are highlighted below:
1. Do nothing.
2. Enact a combination of the following:
➢ Allow possession and consumption of 3.2 beer in all parks and open
spaces only for a special event, i.e. family reunion, family picnic, social
gathering, etc., in all parks and open spaces.
➢ Allow possession and consumption of 3.2 beer only in designated parks.
➢ Allow the possession and consumption 3.2 beer only in areas within each
park designated and marked? i.e. under a park sheiter. Define the area of
consumption.
➢ Aliow the possession and consumption of 3.2 beer only for special eve�ts
by special permit issued by tne Parks & Recreation Director. Under this
option, the Parks & Recreation Director wouid consider an application in
conjunction with a facility use permit. A definition of a special event and
permit qualifications will need to be prepared. For example, Crystal
issues special permit only to persons in cannection with a social event
conducted by a family, an empioyee group, a club, or a charitable,
religious or other nonprofit organizations solely for the enjoyment of the
persons invited to the event by the applicant of the permit. Robbinsdale
limits permits to duly organized non-profit local civic organizations
operating under a constitution and by-laws which has been in existence
to at least one year. The organization sponsoring the event may be
required to obtain liquor liability insurance.
➢ Allow consumption of 3.2 beer in parks only if purchased from an
organization licensed to sell in the park.
➢ Allow the sale of 3.2 beer on City property for speciai events held by a
religious, charitable, or nonprofit organization. Licensed organization is
required to provide liquor Iiability insurance and may be required to enter
into a hoid harmless agreement.
Attached is a copy of a letter I received from the LMC regarding the potential
liability of allowing possession and consumption of alcohol for groups renting
city parks and other city facilities.
For further review and discussion by Council at the October 7 meeting.
Attachment
LIQUOR
SURVEY RESULTS
(July, 1998)
ANOKA
Excessive use of alcoholic beverages is prohibited in public parks. No alcoholic
beverages shall be possessed or consumed in parks where notice of such restriction is
posted. The City of Anoka owns Greenhaven Country Club but leases it to a
corporation. The corporation has a liquor license.
AUSTIN
No person shali sell liquor in any public park except when licensed to do so by the
Council.
Liquor may be consumed in a public park by any person to whom liquor may be legally
sold except between the hours of 10:30 p.m. and 8:00 a.m. Liquor may be consumed in
the south part of Todd Park between the hours of 8:00 a.m. and 1:00 a.m. the next day.
The consumption and possession of liquor may be further restricted or limited by rules
and regulations of the Parks and Recreation Board, which rules and regulations shall be
posted in the park to which they apply.
It is unlawful for any person, organization or group of persons to bring upon or possess
in a park a singie container of liquor which contains or has a capacity of two galions or
more, unless a permit therefor has been issued to said person, group or organization as
herei�after set forth. This subdivision shall not apply to any persons licensed to sell
liquor in a park, to employees and agents acting on behalf of such licenses, or to
persons merely delivering liquor to such licenses.
Applications must be made for permit to possess in the park a single container of liquor
that contains or has a capacity of more than two gallons.
BLOOMINGTON
No person shali possess, display, consume, or use intoxicating liquors in any park. No
person shail possess, display, consume, or use 3.2 percent malt liquors in any park
except that 3.2 percent malt liquor may be consumed in designated picnic areas or
when a valid, special event license has been issued. These licenses may be granted for
special events held by a religious, charitable, or nonprofit organization. No organization
shall be granted more than three special event licenses in any calendar year.
Page 1 of 6
BROOK�YN CENTER
No person shall bring into any park nor possess, display, consume or use intoxicating
liquors or 3.2 percent malt Iiquor in any park unless the Director of Recreation has
issued a permit. Permits are limited to orga�ized local organizations operating under a
constitution and bylaws and which have been in existence for at least one year.
BURNSVILLE
Intoxicating liquor and 32 percent malt liquor may only be consumed and displayed in a
park, subject to the following provisions.
■ Except for 3.2 percent mait liquor and wine, no person shall consume or display
intoxicating liquors without first having procured a permit from the City.
• No person shall display or consume intoxicating liquor or 3.2 percent malt liquor on
or within thirty feet of any roadway or parking lot within a park.
■ No person shall possess, display, or consume intoxicating liquors or 3.2 percent malt
liquor within areas in which the City has designated that such possession; display or
consumption is prohibited.
■ No person shall bring into a park intoxicating liquors or 3.2 percent malt liquor in
kegs or barrels, except as provided. Groups, associations or organizations desiring
to bring intoxicating liquors or 3.2 percent malt liquor into parks in kegs or barrels
may do so only after obtaining a permit for such use from the City. The City shall
grant the application if in its judgement the use for which the permit is sought will not
interfere with the health, safety, welfare and the use of the park by the general public
and if the applicant meets ali others conditions as may be contained in the permit
issued by the City. Such use shall only be conducted in areas designated in the
permit.
CHAMPLIN
No person shall possess, offer for sale, or consume any intoxicating beverage in any
park or open space site with the City of Champlin. 3.2 Beer and Wine may be
possessed, transported to and from and consumed during the course of picnicking ir
designed areas between the hours of 8:00 a.m. and 8:00 p.m. 3.2 Beer may be
possessed, transported, consumed and sold at special events with a valid license
issued by the City.
CRYSTAL
Except as othenvise provided, the use, consumption, display and presence of
intoxicating liquor and 3.2 Beer is prohibited in parks and related facilities, including
vehicle parking facilities immediately adjoining a park.
The Councii may, on the recommendation of the City Manager, issue a special permit
for the use, consumption, and display of liquor and beer in a park or a related facility in
a park. The special permit may be issued to persons in connection with a sociai eve�t
Page 2 of 6
conducted by a family, an employee group, a club, or a charitable, religious or other
nonprofit organization solely for the enjoyment of the persons invited to the event by the
applicant of the permit. The special permit allows the presence of liquor and beer in the
park or related facilities only during the time specified in the permit, which time may not
exceed 12 consecutive hours in one calendar day.
. .�
No consumption or possession of any alcoholic beverage on any (1) City park, (2)
street, (3) public property, or (4) private parking lot to which the public has access,
except on such premises when and where permission has been specifically granted or
Iicensed by the Council. Beer and malt liquor in non-glass containers are allowed in
park or recreational areas. However, it is unlawfui for any person to bring or possess
beer or malt liquor into such an area in keg, barrei, or case lot (24 cans) quantity.
FRIDLEY
It is unlawful for any persons to have in their possession or to consume any intoxicating
liquor or non-intoxicating malt liquor in or upon any City, County or other public park or
bathing beach within the City except as provided below:
Notwithstanding laws to the contrary, possession and consumption of non-
intoxicating malt liquor is permitted in Locke Park.
Tne City CounciV may grant permission to consume non-intoxicating malt liquor in
City, County or other public parks to neighborhood groups.
Notwithstanding any laws to the contrary, upon approval of the City Council and
issuance of a permit, a club, charitable, religious or nonprofit public or private
organization may sell and allow buyers to consume non-intoxicating malt liquor in
Community Park.
GO�DEN VALLEY
No consumption or possession of alcohol on any (1) City park, (2) street, (3} public
property, or (4} private parking �ot to which the public has access, except on premises
where permission has been specifically granted or licensed by the Council. There are
some exemptions to these provisions for the Brookview Golf Course and Brookview
Community Center. The Councii may, by resolution, promulgate rules; regulations and
policies as necessary to guide, govern, and control the use and consumption of
alcoholic beverages by either private or public groups or individuais, within the
Brookview facilities referred to above.
•'
No person shall possess or consume any spirituous, vinous, mait or fermented liquors,
including non-intoxicating malt liquor (3.2 beer), in any park at any time; except at the
Art Center.
Page 3 of 6
JORDAN
No consumption or possession in an unsealed container, any alcoholic beverage on any
City park, street, public property, or private parking lot which the public has access,
except on premises when and where permission has been granted or licensed by the
Council.
NORTH ST. PAUL
No possession and consumption of aicoholic beverages or 3.2 beer in any park except
McKnight Field Sports Complex, with the foliowing regulations:
• Between the hours of 9:00 a.m. and 9:00 p.m.
■ In areas so designated and marked.
■ The City Manager may issue a special permit for hours other than those listed.
At McKnight Field Sports Complex, any person of lawful age may possess and
consume an alcoholic beverage or 3.2 beer between 9:00 a.m. and 11:00 p.m. when
said beverage has been sold at the park under a permit or license issued by the City of
North St. Paul:
• in areas so designed and marked.
■ Glass containers will not be ailowed or sold in park.
� The City Manager may issue a special permit
PLYMOUTH
No person shall bring into, possess, barter, give away or consume any intoxicating
liquor or non-intoxicating malt beverages in any public park or any vehicle parking area
immediately adjoining such park; provided, however, that this prohibition shall not apply
to any special permit issued by the City Council relating to non-intoxicating malt liquor.
Also, no person shall consume, barter, or give any intoxicating or non-intoxicating malt
liquor in or upon any public street, avenue, boulevard, alley, or other public way,
whether in a vehicle or not, in the City.
RAMSEY
No person shall bring, have in their possession, or consume alcoholic beverages at any
time in any park, except:
■ Consumption of non-intoxicating alcoholic beverages is permitted in parks if
purchased from a person licensed to seil in such park. Ail sales shall be individual
drinks and shall be served for consumption on the license premises.
Page 4 of 6
. ,
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Uniawful to bring into a park, or possess, display, consume or use intoxicating liquor or
beer. The Director of Parks and Recreation may issue permits for the consumption of
beer. The permits wiil be limited to duly organized non-profit local civic organizations
operating under a constitution and by-Iaws and which have been in existence for at
least one year.
ROSEMOUNT
No possession and/or consumption of liquor, wine, or 3.2 Beer in any City park except
in the following City parks or areas of City parks:
• All areas of Erickson Park
■ City parks with shelters, by permit only; provided the consumption and possession of
beer and wine is limited to areas within fifty feet (50'} of a shelter.
• Sale of liquor in Erickson Park with the approval of the City Council, a license may
be issued for the sale of 3.2% malt liquor as defined in Minnesota Statutes only in
Erickson Park.
ROSEVI��E
No alcohoi allowed on City property. In "Central Park" a Temporary On Sale License
may be issued by the City Manager for sale and distribution of 3.2 Beer to a club,
charitable, religious or other nonprofit organization in existence at Ieast three years,
subject to compliance witn following conditions:
Proof of Iiquor liability insurance;
A security plan, approved by the Chief of Police, is filed with application; and
Hours of sale only during time Central Park is open. Sales and distribution shall be in
a shelter buiiding or a temporary sheiter such as a tent.
ST.ANTHONY
No person shall possess or consume any spirituous, vinous, malt or fermented liquors,
including non-intoxicating malt liquor (3.2 beer), in any park at any time, without first
having received a permit granted by the Council, in accordance with the foliowing
procedures and conditions:
Applications wili be made in writing, at least two weeks prior to the date for which the
permit is to be issued, by a person 21 years of age or older who is a resident of the
City, or is employed by an employer Iocated within the City.
An application fee and clean-up deposit in the amounts set forth in Chapter 6 will
accompany the application.
In granting or denying the permit, the Council will consider the type and size of the
group for which the permit is requested.
°..- . .
ST. CLOUD
No consumption, possession, dispensing, transportation or carrying of any alcoholic
beverages, including 3.2 beer, in or into any City park, except as permitted with a permit
issued from the Parks Department:
Wilson and Riverside Parks - Beer packaged only in its originai aluminum container.
Transportation or carrying a keg or more of beer into a�y City Park without first
renting a sheiter and having obtained a permit.
Whitney Park (Softball Complex) - Alcoholic beverages may be consumed at
Whitney Park if they were �rst purchased from the City owned vendors located at
that facility. No professional catering of food, pop, and beer allowed without first
having obtained a permit.
SHAKOPEE
No consumption or possession in an unsealed container of alcohol on any (1) City park,
(2) street, (3) public property, or (4) private parking lot to which the pubtic has access,
except on premises when and where permission has been granted or licensed by the
Councii. It is not a violation to consume or possess or possess beer in a City park where
such possession and consumption is in a picnic, grandstand, or shelter area.
SHOREVIEW
The City provides for the issuance of a special event non-intoxicating license that
permits clubs, charitabie, religious or nonprofit organizations to sell no�-intoxicating
liquor at a certain time and place. An organization that obtains this type of license could
rent the Shoreview Community Center and provide nonintoxicating liquor at the event.
An individual is not eligible for this type of license.
WEST ST. PAUL
No consumption or possession of any intoxicating, 3.2 Beer or alcoholic beverage in
any public street, aliey, park or playground, or upon the private premises of another, as
a trespasser, except as permitted:
A person of lawful age may possess or consume 3.2 Beer between 9 AM and 8 PM
within a City park when the beverage has been sold at the park under a license
issued by the City Council.
Page 6 of 6
I�MC
League of Minnesota n Cifies
�,'iti¢s ymmodinq excell¢nc¢
July 9, 1948
Caron Stransky
7516 80th St. S.
Cottage Grove, MN 55016-3195
Dear Ms. Stransky:
145 University Avenne West, St. Pau1, MN 551 03-2 044
Phone: (612) 281-1200 • (800) 925-1122
Fax: (612) 281-1299 • TDD (612) 281-1290
This letter is in response to your request for ordinances and information regarding possession and
consumpCion c�f alcohol for groups renting city parks, and other city facilities. You mentioned
currently you have an ordinance prohibiting alcohol in city parks.
First of al[, I am not an attorney. I am providing this material for general Informatio�aal
purposes. It is not inte�¢ded to provide legal advice and should not be used as a substitute for
compete�¢t legal guidance. Consult your atforney for advice concer�xi�xg specific situations.
Some issues for use of alcohol in city parks are similar to those when using alcohol in
community centers. If someone wants to sell alcohol, they would need to obtain the necessary
insurance and a temporary license from the city. You may attach conditions to this license, and
you would definitely want to include a hold harn�less arzd indemnify provision to protect the
city from any damage or injuries sustained as a result of the alcohol consumption. If the sale of
alcohol is in eonjunction with a special event, you may also want to review your insurance policy
to see if it wili cover aicohol sales, such as beer gardens. Some insurance providers, ineluding
LMCIT, do not provide coverage for beer gardens. If the alcohol is not sold, whether the host
furnishes it or the event is `BYOB", then dram shop insurance would not be necessary. You
would still want to have the renter sign a hold harmless and indemnify agreemenT. In this
situation it is important to clearly state in the rental agreement that no alcohol sales are allowed
when using the facility or park. You may attach other conditions for alcohol use to a permit or
rental agreement as necessary.
Allowing alcohol in an outdoor area presents an unique problem. When alcohol is permitted in a
community center, there is an easily defined azea where consumption is permitted. In a building,
you can sYOp someone at the door and tell them they are not allowed to bring their beverage
oufside. With a park, the area of consumption is more difficult to define and control. For
example, you may not be able to prevent someone from taking alcohol to the parking lot, or with
them in their car. Another possibility with an open space is uninvited persons have access to the
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
alcohol. Both of these situations have the potentiai of creating liability for a city. For more
specific infarmation, please consult your insurance representative.
In boCh community cenfers and parks, a city may not be completeiy sheltered from liability for an
alcohol related injury. 1"here is the possibility a city may still be partially liable if an injured
person can prove Chat tl�eir injury was partially caused by property that tbe city neglected to
repair, or if the city was somehow negligent in reviewing the permit application, license
application, or insurazice policy.
also enclosed the followin� items:
- A Ietter da��0/93, which discusses controlling liabili en a city rents a
community center for u alcohol is served.
- A sample permit for bringing a c •ity parks.
- Ordinances from four
parks.
- A sample Hold Ha • ss and Indemnify Agreement.�te� review tlzis wUh your city
attorney fo �, y necessary changes before using dxis document.
- ision for wine and beer consumption from two community center renta
agreements.
I hope this information is useful to you. Thank you for caliing. Please lef us know if we can be
of further assistance.
Sincerely,
� ��
�
Lynn Stafford
Research Assistant
enclosures