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
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'ity of
Tammy de W d, Mayor �EIDIZ IAN a Coles, ity Cleric
IDAHO
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ORDINANCE REMOVING ALCOHOL PERMIT REQUIREMENT FROM PARKS CODE Page 3 of 3
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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
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