HomeMy Public PortalAboutORD-CC-1999-03CITY OF MOAB ORDINANCE 99-03
AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE MOAB CITY CODE AND
AUTHORIZING THE SERVING AND CONSUMPTION OF ALCOHOLIC BEVERAGES,
CONSISTENT WITH CITY AND STATE LAW, AT PRIVATE GATHERINGS AT THE
MOAB ARTS AND RECREATION CENTER.
Whereas, the Moab City Council, upon recommendation of the Moab Arts and Recreation Center
Advisory Board deems it appropriate to allow consumption of alcohol at the Moab Arts and
Recreation Center under certain limited circumstances; and
Whereas, the Moab City Code currently prohibits the consumption of alcohol in public buildings
and parks.
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY
AMEND THE RELEVANT SECTIONS OF THE MOAB MUNICIPAL CODE AS FOLLOWS:
The following subsection shall be added to Section 5.20.070:
5.20.070 Place of business.
A. A "place of business" shall not be defined to include the Moab Arts and
Recreation Center, where said facility is used and occupied pursuant to a special event use
license and alcoholic beverages are served in accordance with the license and all applicable
city regulations, codes, and state statutes.
Section 5.20.660 shall be amended to read as follows:
5.20.660 Consumption of alcohol in public places.
A. No person shall consume, serve, or distribute alcoholic beverages in a public street,
alley, building, park, or facility, except in conformity with the provisions of this section.
Violation of this subsection is a strict liability offense punishable as a Class C
misdemeanor.
B. The serving and consumption of alcoholic beverages at city owned facilities shall only
be permitted at the Moab Arts and Recreation Center at privately hosted social gatherings
not open to the public, provided each of the following requirements are met:
1. The event sponsor executes a alcohol event use license and agrees to indemnify
and hold the city harmless from all liability associated with the serving or
consumption of alcoholic beverages at the facility;
2. The event sponsor pays the licensing fee for use of the facility, as established
from time to time by Council resolution; and
3. The sponsor complies with all license terms, city regulations and code
provisions, and state laws concerning the consumption and distribution of alcohol.
C. A "privately hosted social gathering" shall be defined as any social, recreational, or
business event for which all or a portion of the Moab Arts and Recreation Center has been
leased or licensed, in advance, and the event or function is limited in attendance to people
who have been specifically designated, by invitation or otherwise, and their guests.
Privately hosted social gatherings shall not in any case be defined to include any event to
which the public is invited, whether by advertisement or otherwise, or events where an
admission fee is charged.
D. No city employee, agent, or volunteer shall consume alcoholic beverages or participate
in the serving or distribution of alcoholic beverages at any gathering authorized pursuant to
this Chapter while on duty or acting in an official capacity on behalf of city. Nothing in this
subsection shall prohibit a city employee, agent, or volunteer from consuming or
distributing alcoholic beverages at an event where such person is a guest or event
participant.
E. To be eligible for a use license pursuant to this chapter, an "event sponsor" shall be a
natural person twenty-one years of age or older.
F. No person shall allow or permit the serving of alcoholic beverages to any person under
twenty-one years of age. All persons involved in the serving or distribution of alcoholic
beverages do so under the supervision and direction of the event sponsor, who shall be
personally responsible for compliance with all applicable license, city code, and state law
provisions. Violation of this subsection is a strict liability offense and shall be punishable
as a Class C misdemeanor.
G. No event sponsor or other person shall charge an admission fee or otherwise charge a
price for alcoholic beverages served and consumed upon the premises occupied pursuant to
this section. Violation of this subsection is a strict liability offense and shall be punishable
as a Class C misdemeanor.
H. The City Manager shall be authorized to promulgate such other and additional terms and
conditions upon the use and occupancy of the facilities as may be deemed necessary and
appropriate, depending upon the nature of the event planned. These additional terms may
include, but shall not be limited to:
1. Limitations as to hours of operation;
2. Limits on the occupancy or total numbers of guests;
3. Security requirements;
4. Parking limitations; and
5. Any other conditions reasonably related to the safety of event participants and
the safety and peace of the general public.
This ordinance shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 9th day of February, 1999.
CITY OF MOAB
iP11� r ik,itea 4
ayor Karla R. Hancock
Attest:
Rachel Ellison
City Recorder