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Ord 2321 - Park Alcohol Policy COUNCIL BILL NO. 2397 ORDINANCE NO. 2321 AN ORDINANCE AMENDING ORDINANCE 2060 (THE PARK USE ORDINANCE) TO PROVIDE FOR THE USE OF ALCOHOLIC BEVERAGES IN CENTENNIAL PARK FOR EVENTS WHICH ARE CONDUCTED PURSUANT TO A SPECIAL EVENT PARK USE PERMIT WHERE A LICENSE HAS BEEN ISSUED BY THE OREGON LIQUOR CONTROL COMMISSION; ADDING A NEW SECTION PROVIDING FOR AN ENCHANCED PENALTY FOR THE VIOLATION OF A SPECIAL EVENT PARK USE PERMIT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council has determined that it is permissible to dispense alcoholic beverages at certain special events to be conducted in a city park; and WHEREAS, the City Council desires to protect the health and safety of the general public by establishing strict limitations as to where and how alcohol may be served in a City park; and WHEREAS, the City Council desires to regulate such activities consistent with State law and Oregon Liquor Control Commission regulations, NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 3 (13) of Ordinance No. 2060 (the Park Use Ordinance) is hereby amended to read as follows: (13) No person shall have in their possession, any alcoholic beverages or intoxicating liquor, or consume such liquor while in a park area except that the use of alcoholic beverages may be permitted in Centennial Park in compliance with a Special Event Park Use Permit where the city has issued the permit and the premises have been licensed for the service of alcoholic beverages by the Oregon Liquor Control Commission. Section 2. Ordinance No. 2060 (the Park Use Ordinance) is hereby amended to add a new section, Section 9A, to read as follows: Section 9A. Enhanced Penalty for Violation of Special Park Use Permit. Notwithstanding Section 9 ofthis Ordinance, which provides that a violation of the park rules established by this Ordinance constitutes a class 4 civil infraction, any violation of the terms and conditions ofa Special Event Park Use Permit by Page 1 - COUNCIL BILL NO. 2397 ORDINANCE NO. 2321 , the permittee shall constitute a class I civil infraction and shall be dealt with according to the procedures established by Ordinance No. 1998, the civil infraction ordinance. Section 3. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form71. ~ fJ'6 G - '2 (- 'Z.-() 0 Z- City Attorney Date Approved: ~JI.. ~ 'chard Jennings, Mayor Passed by the Council July 8, 2002 Submitted to the Mayor Jul y 9. 2002 Approved by the Mayor July 9, 2002 Filed in the Office of the Recorder July 9. 2002 ATTEST: Mary nnant City Recorder City of W oodbum, Oregon Page 2 - COUNCIL BILL NO. 2397 ORDINANCE NO. 2321 1 Special Event Policies City of Woodburn Recreation and Parks Department Revision Draft: July 1, 2002 , Special Event Policies City of Woodburn Page 1 SPECIAL EVENT POLICIES & FEE SCHEDULE The Special Event Policies & Fee Schedule applies to facility use requests that will attract more than 1,000 visitors or require the exclusive use of an entire park. Included within these policies and fee schedules are activities where the purpose of the event is to distribute information and/or introduce a product that may result in any present or future donations or sales. Also included are events where concessions, sales or carnival rides and attractions are a part of the event. These fees and policies guide the organization and production of events promoted independently from City sponsorship. Agreements with promoters, organizers and event producers to prepare events and activities in which the City is a co-sponsorship will be negotiated on a case-by-case basis. Depending upon the nature of a proposed co-sponsored event, policies and fees outlined in these policies mayor may not apply. Permits for events of the size and nature described above will be considered for approval only for Legion, Settlemier and Centennial Parks. These policies are adopted to guide the use of City parks for large special events. Approval for any event will not be considered final until a Special Event Park Use Permit is signed, all fees and deposits are paid, necessary permits are obtained and appropriate certificates of insurance are filed with the City. Applications for a Special Event Use Permit under these policies must be filed at least 30 days prior to the date of the event. CERTIFICATE OF INSURANCE Event organizers must provide and maintain at their own expense comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of at least $1,000,000 per occurrence. Depending upon the nature of the event planned, the City may require additional insurance coverage. Such insurance shall be primary to other insurance maintained by the City and shall name the City as additionally insured. ON-SITE MANAGEMENT STAFF The City will assign staff to be on-site at least eight hours each day an event is open to the public. Staff will be responsible to assist organizers with event access, compliance with park rules and provisions of an approved Special Event Use Permit and other concerns regarding park facilities. City management staff will also monitor compliance with regulations that other agencies might impose and will advise those agencies of possible violations. GROUNDS SETUP PLAN The applicant must submit to the Recreation and Parks Director for approval a Grounds Set Up Plan fourteen calendar days before occupying the park. This Plan shall specify: All temporary fence lines including entrance gates, emergency exits and access lanes and service entrances. A. Ride and attraction locations. B. First Aid stations. C. Power generators. , Special Event Policies City of Woodburn Page 2 D. Locations where propane gas will be used. E. All food and beverage and other vending locations. F. Utility vehicle, ambulance and event truck parking. G. Ticket sales booths. H. Location for security personnel. I. Portable toilet locations. J. Locations for amplified sound equipment. Facility Maintenance personnel are available by appointment to answer questions regarding individual park facilities. They can assist with developing site plans, locating underground utilities, making suggestions on how to reduce turf and facility damage and for on-site consultation both prior to and during set up. Facility management personnel will be on-site during the event to assist with emergencies. Grounds Set Up Plans are subject to the review and approval of the Woodburn Fire District and the W oodbum Police Department. EVENT SECURITY Event organizers will to submit a Security Plan to the police Chieffor approval. This plan shall include the following: A. The number of private security officers. B. The locations where each private security officer is stationed. C. The hours each private security officer is scheduled to work. D. Proof of bonding of the private security company. E. Proof of license and certification of the private security company by the Oregon Department of Public Safety Standards and Training. ALCOHOLIC BEVERAGES Alcohol dispensing is onlv allowed at Centennial Park, and only with the appropriate OLCC Temporary Sales/Special Event License or an OLCC Temporary Use of Annual License for an Event at an Unlicensed Location. Applications will only be considered for beer and wine; no spirits or hard liquor. Events at which alcohol will be dispensed are required to make exclusive use of the park. If alcohol dispensing is part of the park permit application, then the Security Plan shall include: A. A detailed plan (including notations on the Ground Setup Plan) on how Permitee plans to manage and separate minor patrons from adult alcohol consumers. B. How permittee will check adult patrons ID. e. The number and location of private security assigned to supervise the alcohol service area (the City shall establish the number of security officers required per capita on a case by case basis except where daily event attendance is expected to exceed 2,000 persons and in that event it shall be no less than established OLCC requirements). D. How the Permittee will comply with OLCC regulations regarding food service for patrons being served alcohol. 1 Special Event Policies City of Woodburn Page 3 MUSIC/PA All amplified music or use of a P A system in any park is regulated by the City's noise ordinance. The ordinance limits amplified sound to 80 dBA at park boundaries. However, to minimize impacts on surrounding neighborhoods, the Recreation and Parks Department will regulate the location and placement of all P A systems used as a part of a special event and may restrict dBA limits below those listed above. The Police Department in consultation Recreation and Parks Department site management personnel will monitor and regulate sound volume. DANCE PERMIT Any public dance activities associated with a special event requires a dance permit issued by the Woodburn Police Department. No public dancing will be permitted without an approved permit. NAILS IN TREES PROIDBITED To keep trees healthy and to protect maintenance workers, the use of nails in trees is prohibited. Should a saw ever be needed to remove or repair a tree, nails can damage equipment and severely injure workers should a saw strike a nail. Therefore, the use of nails in trees is prohibited. OTHER APPROVALS AND PERMITS Apart from permits required by the City of Woodburn, it is necessary to obtain other permits and approvals from other agencies to conduct an event. These permits and approvals include, but are not limited to, the following: A. For food booths, organizers must require vendors to obtain the approval of the Marion County Health Department. B. For any carnival rides, organizers must obtain inspection and approval of the State of Oregon, Building Codes Division. Event organizers may be required by the City to show written proof that these permits were secured. Organizers should keep these permits on premises during the event and be prepared to produce them immediately upon request. UTILITIES Some parks have llOV/20 amp electricity available for special events. This may not be adequate for your event. Should you require additional power and need to bring in a generator(s), all placement of generators must be noted on the approved Grounds Set Up Plan. This includes large generators that serve multiple booths or attractions and small generators that serve individual booths or attractions. The use of propane for cooking during a special is acceptable. However, such use is subject to the inspection and regulation of the Woodburn Fire District. , Special Event Policies City of Woodburn Page 4 RESTROOMS Within Woodburn's parks, events that fall within the Special Event Policies will require portable restrooms. The City requires organizers to provide one portable restroom for every 125 expected visitors at any given time the event is open to the public. Five percent of all portable restrooms must meet ADA standards for accessibility. When portable restrooms are required, the first portable placed on site must meet ADA standards. When restrooms are required in two or more locations, each location must include an ADA approved restroom. Organizers will clean and service these facilities on a frequent basis throughout the event. TRASH CANS & REFUSE REMOVAL Event organizers will require each vendor or exhibitor to provide two trash cans for each food vendor (at least one for public use and at least one for vendor use) and one trash can for non-food exhibitors. Exhibitors will be required to empty these trash cans as needed. The City requires organizers to provide at least one trash can for every l25 expected to be in attendance at any given time the event is open to the public and will empty the trash cans on a continual basis so that they do not overflow. These trash cans are in addition to those provided by vendors and exhibitors. The City will make available to the organizer all trash cans normally available within a park as well as any others within the Department's inventory that are not in use at another park or event. Event organizers are responsible for all expenses to remove litter and trash from a park or facility. Event organizers will continually patrol the park to pick up litter before, during and after an event is open to the public. PUBLIC ACCESS Event organizers with permission (through an approved Grounds Set Up Plan) MUST adhere to that plan. At no time will an event be allowed to put fencing across a sidewalk or other public right of way without the written permission of Recreation and Parks Director or his/her designee. Stakes put into the ground to support fencing cannot exceed 8" in depth without flagging of underground utilities. No staking is allowed on any paved surfaces without prior approval from the Recreation and Parks Department. ON-SITE VEIDCULAR TRAFFIC To ensure the safety of event visitors, organizers and exhibitors, vehicular traffic within any park during the hours an event is open to the public is prohibited without permission from the City's on-site staff. Approved vehicular movement is restricted to designated paths, roads and parking areas. 1 Special Event Policies City of Woodburn Page 5 OFF-SITE PARKING PLAN Since parking at Woodburn's parks is limited, the City will require event organizers to submit off-street parking plans that will reduce impacts to surrounding neighborhoods. This plan will document agreements with off-site parking lot owners to use parking lots and transportation companies or agencies to transport event visitors. The plan will also provide a schedule and a route that shows drop-off and pick up points. NEIGHBORHOOD RELATIONS Because large events have a significant impact on neighborhoods, after an application is approved, the City encourages event organizers to notify with fliers the surrounding neighborhood. The flier should include dates, times and a description of the event planned. It should also invite the neighborhood to participate in the event and provide a City phone number to call should a concern arise. The City will work with event organizers to delineate the extent of flyer distribution. Event organizers should plan a neighborhood clean up detail to pick up litter left by event organizers who park throughout residential neighborhoods and business districts. VENDORS & EXHIBITORS Event organizers are responsible to communicate all park and event rules, regulations and permit requirements. Vendors must also complete application forms supplied by the City. The City expects that organizers will make every effort to seek compliance with these rules. However, the City reserves the right to expel from a facility any vendor that the City determines is not in compliance with provisions of the permit or City rules & regulations. The City will report suspected code violations to appropriate regulatory agencies. 1 Special Event Policies City of Woodburn Page 6 FEES & DEPOSITS FOR SPECIAL EVENTS Fee or Deposit Amount Description Special Event Permit $1,275 This fee allows for three days of non-exclusive use for event set up, one day for the event and two days of non-exclusive use for event break down. Event organizers needing additional days for set up, event and/or breakdown will be charged at $400 per day. Additional Days $400 This fee applies to days an event organizer needs beyond the days described above. Attraction Fee (per attraction per $50 Attractions include carnival rides & games (each event) separate ride or game is a separate attraction This fee applies only if the qualifying for the fee), games, food vending amount is greater than the total concessions, sales and information booths. Event fees for the Special Event Permit organizers will be allowed two booths at no charge and Additional Days combined. for event administration and information. Deposit/per day $750 In addition to the user fee, event organizers will be required to submit a security deposit in the amount of $750 per day. Charges to the deposit will be made to repair damage beyond normal wear and tear, for set up days beyond three days and break down beyond two days (charged at the "Additional Days" rate) and park facility restoration including turf & vegetation, buildings, utilities and other physical park features. The deposit will also cover expenses when park staff is necessary for a pre-event set up and post event clean up beyond 24 hours. Such will be charged at $34.62 per hour. Event organizers will be billed for expenses in excess of deposits retained. Deposits will be returned within 30 days from vacation of the park. The Recreation and Parks Department will prepare a complete cost accounting for fees, labor, materials and services for expenses withheld from a deposit. 1