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19-1808 Removing Park Alcohol Permit RequirementORDINANCE REMOVING ALCOHOL PERMIT REQUIREMENT FROM PARKS CODE Page 1 of 3 CITY OF MERIDIAN ORDINANCE NO. 19-1808 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE REMOVING PARK ALCOHOL PERMIT REQUIREMENT FROM MERIDIAN CITY CODE SECTIONS 13-2-6(C), GENERAL PARK REGULATIONS, AND 13-2-8, REGARDING DENIAL OR REVOCATION OF PERMITS AND APPEAL; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the adoption of administrative efficiencies by the Meridian Parks and Recreation Department, there is no longer a need for a separate alcohol permit in Meridian City parks, and for this reason staff recommends that the requirement for such permit be removed from Meridian City Code; and WHEREAS, the Mayor and City Council find that it is in the best interest of the public to implement such recommendation; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 13-2-6(C) is hereby amended to read as follows: 13-2-6: GENERAL PARK REGULATIONS: Except as expressly authorized by the director, the following prohibitions shall apply in all city parks. These prohibitions shall not apply to police officers or MPR personnel acting in the course and scope of their duties. * * * C. Alcohol: 1. Sale, Provision, Consumption, and/or Possession: The sale, provision, consumption, and/or possession of alcoholic beverages shall be subject to the following requirements: a. Alcohol Sold Or Provided At Public Event: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of a duly issued temporary use permit and an alcoholic beverage catering permit from the city clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be a misdemeanor. b. Alcohol Brought To Public Event From Off Site For Personal Consumption: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is open to or accessible by the public, alcohol that is brought to the park for personal consumption may be consumed or possessed within the boundaries of the special event or outdoor market only pursuant to the Meridian City Council Meeting Agenda January 22, 2019 – Page 591 of 594 ORDINANCE REMOVING ALCOHOL PERMIT REQUIREMENT FROM PARKS CODE Page 2 of 3 terms and conditions of a duly issued temporary use permit and a Meridian parks and recreation department alcohol permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. c. Alcohol Sold Or Provided To Attendees Of Private Event: (1) Where TUP Required: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is not open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of a duly issued temporary use permit and an alcoholic beverage catering permit from the city clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. (2) Where TUP Not Required: Where a private event not requiring a temporary use permit is held in a city park, and such event is not open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of an alcoholic beverage catering permit duly issued by the city clerk. It shall be unlawful for any person to sell or provide alcoholic beverages in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. d. Alcohol Brought To Private Event From Off Site For Personal Consumption: (1) Where TUP Is Required: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is not open to or accessible by the public, alcohol that is brought to the park for personal consumption may be consumed or possessed within the boundaries of the special event or outdoor market only pursuant to the terms and conditions of a duly issued temporary use permit and a Meridian parks and recreation department alcohol permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. (2) Where TUP Is Not Required: Where a private event not requiring a temporary use permit is held in a city park, and such event is not open to or accessible by the public, alcohol that is brought to the park for personal consumption may be consumed or possessed only pursuant to the terms and conditions of a duly issued Meridian parks and recreation department alcohol permit picnic shelter reservation permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. e. Park Alcohol Permit: (1) Application for a park alcohol permit shall be made to the department, and shall include the following: Meridian City Council Meeting Agenda January 22, 2019 – Page 592 of 594 Section 2. That Meridian City Code section 13-2-8 is hereby amended to read as follows: 13-2-8: DENIAL OR REVOCATION OF PERMITS; APPEAL: The following provisions shall apply to short teen concession permits, park aloe of pef'nits, and amplified sound pen -nits: Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this 22nd day of January, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of January, 2019. APPROVED: ATTEST: / ���ED AUGUST o. 'ity of Tammy de W d, Mayor �EIDIZ IAN a Coles, ity Cleric IDAHO m SEAL ORDINANCE REMOVING ALCOHOL PERMIT REQUIREMENT FROM PARKS CODE Page 3 of 3 - -WINrallk W1.0MalM. Section 2. That Meridian City Code section 13-2-8 is hereby amended to read as follows: 13-2-8: DENIAL OR REVOCATION OF PERMITS; APPEAL: The following provisions shall apply to short teen concession permits, park aloe of pef'nits, and amplified sound pen -nits: Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this 22nd day of January, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of January, 2019. APPROVED: ATTEST: / ���ED AUGUST o. 'ity of Tammy de W d, Mayor �EIDIZ IAN a Coles, ity Cleric IDAHO m SEAL ORDINANCE REMOVING ALCOHOL PERMIT REQUIREMENT FROM PARKS CODE Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1808 An ordinance removing park alcohol permit requirement from Meridian City Code sections 13-2- 6(c), general park regulations, and 13-2-8, regarding denial or revocation of permits and appeal; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. Mayor and City Coun By: C.Jay Coles, City First Reading: Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19- 180-8 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-1808 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 22`x` day of nuct Kli 2019. William L.M. Nary, City Attorney ORDINANCE REMOVING ALCOHOL PERMIT REQUIREMENT FROM PARKS CODE Page 4 of 3 351462 1861995 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon Jessen of Nampa, Canyon County, Idaho, being first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement, That said notice was published the following: 02/01/2019 STATE OF IDA) County of Canyph) On this 1st day of February in the year of 2019 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she exe ed the same. n &Vie ' Notary Public for Idaho �`'• '' '•! Residing at Canyon County My Commission expires 06/28/2023®ARS A(/800 r Na, ' OF IOP' �`°1°oku00