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Home My Public Portal About031-2013 - General - alcohol in parks - Rose Garden Reception LORDINANCE NO. 31-2013 A GENERAL ORDINANCE AMENDING CHAPTER 95.11: ALCOHOLIC BEVERAGES ON CITY OF RICHMOND PARK PROPERTY WHEREAS, Chapter 95.11 of the City of Richmond Code restricts and regulates the sale and consumption of alcoholic beverages on City of Richmond Park Property; and WHEREAS, The use, sale, or consumption of alcoholic beverages is generally prohibited on City of Richmond Park property with the exception that a duly authorized licensee of the Park Board may sell beer for consumption at the Highland Lake Golf Club and McBride Stadium; and WHEREAS, The Common Council of the City of Richmond, by Ordinance No. 33-2010 which was passed on August 2, 2010, previously approved the amendment of Section 95.11 in order that the Richmond City Code Section 95.11 expand the exceptions to include special event permits for the Starr Gennett Facility; and WHEREAS, Interest in expanding the exception has again recently been reviewed by the Parks Department in order that individuals or entities who conduct special events such as concerts, wedding receptions, or other local events at the Rose Garden Reception Lawn, may serve and sell beer and wine during the special event; and WHEREAS, The Parks Department wishes to revise the Alcoholic Beverage Policy to allow the Rose Garden Reception Lawn to be included as an additional exception where Alcohol Use Permits in connection with any special events being conducted at the Rose Garden Reception Lawn may be considered; and WHEREAS, The Board of Parks and Recreation has tentatively passed a revised Alcoholic Beverage Policy, attached hereto as Exhibit A, allowing an additional exception in order that Alcohol Use Permits in connection with any special events being conducted at the Rose Garden Reception law may be considered, which Policy was passed contingent upon Common Council approving the amendment to Richmond City Code Chapter 95.11 WHEREAS, It is in the best interest of the City of Richmond and its Parks Department that the Richmond City Code Chapter 95.11 restricting and regulating the sale and consumption of alcoholic beverages on Park property be amended to allow the sale and consumption of beer and wine at the Rose Garden Reception Lawn. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that Chapter 95.11 be amended as follows: 95.11 ALCOHOLIC BEVERAGES No person shall bring beer, ale, or other alcoholic beverages into any park, or consume, have in possession, sell, give away, or handle any intoxicating or alcoholic beverages in any park, with the Pagel of 2 exception that beer may be sold for consumption by a duly authorized licensee of the Park Board at the Highland Lake Golf Club and McBride Stadium and with the exception that beer or wine may be sold for consumption by a licensed caterer under a State of Indiana Temporary BeerANine Permit, at a special event held at the Starr Gennett facility or at the Rose Garden Reception Lawn provided that a local Alcohol Use Permit is obtained and approved by the City of Richmond Parks Department prior to the special event. (`72 Code, 6.25) (Ord. 1853-1961; Ord. 2850-1973; Ord. 84- 1994; Ord. 33-2010; Ord. 31-2013) Penalty, see 10.99. Effective Date: This Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Ric d, Indiana. Passed and adopted this day o 2013, by the Common Council of the City of Richmond, Indiana. President P A (Karen Chasteen, IAMC, MMC) RESENTED to the Mayor of the City of Richmond, Indiana, this day of ,2013,at3444.m. g-30�OIL (Karen Chasteen, IAMC, MMC) tPRJVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this c day , 20135 W Mayor rc�ra�, r Hutton) Page 2 of 2 EXHIBIT _ AGEOF RICHMOND DEPARTMENT OF PARKS AND RECREATION ALCOHOLIC BEVERAGES POLICY A person or entity ("Applicant') that desires to use, serve, or sell any beer -or wine at the Starr Gennett Facility or at the Rose Garden Reception Lawn, both owned by the City of Richmond Parks and Recreation Department, shall apply for an Alcohol Use Permit ("Local Perrmit l from the Superintendent of Parks and Recreation at least forty-five (45) days prior to the event for which beer and wine are desired. The application for the Local Permit shall include a copy of the Temporary Beer/Wine Permit issued by the Indiana Alcohol and Tobacco Commission. Liquor other than beer or wine shall not be permitted at the Starr Gennett Facility or the Rose Garden Reception Lawn. 2. The Parks and Recreation Superintendent (" Superintendent'l shall, at his or her sole discretion, approve, deny, or limit in scope the Local Permit application to use, serve, -or sell beer or wine at a Parks and Recreation facility thirty (30) or more days prior to the event. The decision of the Parks and Recreation Superintendent to deny or limit the application may be appealed to the City to the Richmond Parks and Recreation Board. The decision of the Richmond Parks and Recreation Board is a final administrative decision. 3. The Superintendent shall not grant fmal approval of the Local Permit application until Applicant provides certificates of insurance naming the City of Richmond as a co-insured and showing proof of coverage for injury or property damage suffered by others in the following amounts: Coverage A. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage B. Comprehensive Liquor Liability Limits $1,000,000 each occurrence $2.,000,000 aggregate $1,000,000 each occurrence $2,000,000 aggregate Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate 4. Final approval shall not be given until Applicant has paid all non-refundable and/or refundable deposits, provided proof of state licensing, and performed any other request that the Superintendent or Park Board deems necessary to ensure the safety and proper use and maintenance of the 'Starr Gennett Facility or the Rose Garden Reception Lawn. Submission of state licensing will not guarantee a grant of permission by the Superintendent and permission and approval of any Local Permit will be done on a case -by -case basis. Any approval or permission granted by the Superintendent or the Parr Board shall be pursuant to Richmond City Code, Indiana Code, and all other applicable laws, rules, and regulations. 5. Any beer or wine used, served, or sold must be provided by a licensed alcoholic beverage caterer. Beer and wine may be used, served, or sold, only if food is served. at the event and meets all other requirements provided herein and State of Indiana Alcohol and Tobacco Commission requirements. . EXHIBIT PAGE 2 OF Z- 6. Subject to the discretion of the Parks and Recreation Superintendent, an Applicant shall hire, at Applicant's expense, at least one uniformed police officer to be present for the duration of the event when beer or wine is used, served, or sold. 7. The use, service, or sale of beer or wine at any Richmond Parks and Recreation Facility shall comply with all state or federal laws and regulations. - 8. No beer or wine may be used, served, or sold in any Richmond Parrs and Recreation Facility other than the Starr Gennett Facility or the Rose Garden Reception Lawn as approved in the Local Permit and pursuant to Richmond City Code. 9. The use, service, or sale of alcoholic beverages may be immediately suspended if any provision herein is violated. The City of Richmond Police Department may immediately suspend the event itself if public safety is imminently threatened by any violation of any provision herein or.if public safety is imminently threatened by a violation of any local, state, or federal law. 10. A copy of this RICHMOND PARKS AND RECREATION. DEPARTMENT ALCOHOLIC BEVERAGES POLICY and all amendments herein shall be given to the Applicant who applies for the Local Permit to use, serve, or sell beer or wine at the Starr Gennett Facility or the Rose Garden Reception Lawn. A copy of this Policy shall be attached to the application and incorporated by reference. 11. Notwithstanding any other provision contained herein, the possession, use, or sale of alcoholic beverages in any Richmond Parks and Recreation Department Park or Facility shall be prohibited as set forth in Richmond City Code 95.11. 12. Any approval of the Local Permit shall be pursuant to the Richmond City Code, and all other applicable laws, rules, and regulations. 13. The only City of Richmond Parks and Recreation Department facilities that are eligible for a Local Permit arc the Starr Gennett facility and the Rose Garden Reception Lawn, THIS CITY OF RICHMOND,INDIANA by and through its Board of Parks and Recreation By: JA -T eanna Beaman, President APPRO D:_/� L. Hutton, Mayor Date: