HomeMy Public PortalAboutORD-CC-2012-12ORDINANCE NO.2012-12
AN ORDINANCE AMENDING MOAB MUNICIPAL CODE SECTIONS 5.09.010,
5.20.660 and 12.20.040 PERTAINING TO THE SERVING, SALE AND
CONSUMPTION OF ALCOHOL IN PARKS, PUBLIC BUILDINGS AND
OTHER PUBLIC PLACES
WHEREAS, the Moab Municipal Code addresses the issue of the serving, sale and
consumption of alcohol in public places in section 5.09.010 and 12.20.040; and
WHEREAS, the Moab Municipal Code addresses the issue of required licensing for
special events in Section 5.09.010; and
WHEREAS, the Moab City Council has determined that it is appropriate to permit the
serving, sale and consumption of alcohol in additional public locations, subject to certain
conditions and requirements;
NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB do
hereby ordain the Moab Municipal Code to be amended as follows:
Moab Municipal Code 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, sidewalk, 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. No event sponsor or other person shall charge an admission fee or
otherwise charge a price for alcoholic beverages served and consumed in
any public place, except in conformity with the provisions of this section.
Violation of this subsection is a strict liability offense and shall be
punishable as a Class C misdemeanor.
C. The serving and consumption of alcoholic beverages may 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 an alcohol event use license with Moab Arts
and Recreation Center staff 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 rental fee for use of the facility, as established
Ordinance #2012-12 Page 1 of 5 July 31, 2012
from time to time by council resolution.
3. The sponsor complies with all license and rental terms and policies, city
regulations and code provisions, and state laws concerning the
consumption and distribution of alcohol.
4. Alcohol Events at the MARC shall conclude by 11:00 PM
D. The serving, consumption and sale of alcoholic beverages may be
permitted by the City Council at Swanny City Park and the Center Street
Ballfield provided each of the following requirements are met:
1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or
Temporary Special Event Beer Permit and abides by all terms and conditions
of the State of Utah Permit.
2. The event sponsor obtains any applicable City of Moab alcohol licenses.
3. The event sponsor obtains a City of Moab Special Event Business License that
provides detailed information about the event.
4. The event sponsor obtains a City of Moab Park Use Permit for Swanny Park
that provides detailed information about the use of the park.
5. The event sponsor obtains a Park Alcohol Permit.
6. Permitted Alcohol Events at Swanny City Park and the Center Street Ballpark
shall limit the serving of alcohol to the hours of 10:00 a.m. until 7:00 p.m.
7. Areas designated for the serving of alcoholic beverages shall be located at
least 100 feet away from designated playgrounds, the Skatepark and the Moab
Recreation and Aquatic Center.
E. The serving, consumption and sale of alcoholic beverages may be
permitted by the City Council on a public street provided each of the
following requirements are met:
I. The event sponsor obtains a State of Utah Single Event Alcohol Permit or
Temporary Special Event Beer Permit and abides by all terms and conditions
of the Permit.
2. The event sponsor obtains any applicable City of Moab alcohol licenses.
3. The event sponsor obtains a City of Moab Special Event Business License that
provides detailed information about the event.
4. The event sponsor obtains permission from the Moab City Council to
temporarily close the street in question to regular vehicular traffic.
5. Permitted Alcohol Events on City streets shall limit the serving of alcohol to
the hours of 10:00 a.m. until 9:00 p.m.
F. The serving, consumption and sale of alcoholic beverage may be
permitted by the City Council at the Moab Arts and Recreation Center
provided each of the following requirements are met:
Ordinance #2012-12 Page 2 of 5 July 31, 2012
1. The event sponsor obtains a State of Utah Single Event Alcohol Permit or
Temporary Special Event Beer Permit and abides by all terms and conditions
of the State of Utah Permit.
2. The event sponsor obtains any applicable City of Moab alcohol licenses.
3. The event sponsor obtains a City of Moab Special Event Business License that
provides detailed information about the event.
4. The event sponsor executes an alcohol event use license with Moab Arts and
Recreation Center staff and agrees to indemnify and hold the city harmless
from all liability associated with the serving or consumption of alcoholic
beverages at the facility;
5. The event sponsor pays the rental fee for use of the facility, as established
from time to time by council resolution; and
6. The event sponsor complies with all license and rental terms and policies, city
regulations and code provisions, and state laws concerning the consumption
and distribution of alcohol.
7. Alcohol Events at the MARC shall conclude by 11:00 PM.
G. The serving, consumption and sale of alcoholic beverages at county -
owned facilities within city limits may be permitted by the City Council
provided each of the following conditions are met:
1. The event sponsor obtains approval from Grand County.
2. The event sponsor obtains a State of Utah Single Event Permit or Temporary
Special Event Beer Permit and abides by all terms and conditions of the State
of Utah Permit.
3. The event sponsor obtains any applicable City of Moab alcohol licenses.
4. The event sponsor obtains a City of Moab Special Event Business License that
provides detailed information about the event.
H. The serving and consumption of alcohol at privately -hosted social
gathering not open to the public may be permitted at county -owned
facilities provided each of the following conditions are met:
1. The event sponsor obtains approval from Grand County and follows all
applicable policies and procedures.
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 or Grand County facility 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.
Ordinance #2012-12 Page 3 of 5 July 31, 2012
J. 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.
K. To be eligible for any license or permit pursuant to this chapter, an "event
sponsor" shall be a natural person twenty-one years of age or older.
L. 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.
M. 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 conditions reasonable related to the safety of event participants and
the safety and peace of the general public.
N. Any city enforcement officer may enter the premises of any event
permitted under this section at any time to determine compliance with all
applicable laws and conditions. Any law enforcement officer who deems
that an event is out of compliance with applicable laws and conditions
shall have the authority to curtail the event.
Moab Municipal Code Section 5.09.010 D and E shall be amended to read as follows:
D. With the exception of events that entail the serving, consumption and sale
of alcoholic beverages, performing arts events held at established
performing arts venues, including the Grand County High School
Auditorium, the Moab Arts and Recreation Center, Star Hall, and the
Grand Center shall not be considered special business events, provided
Ordinance #2012-12 Page 4 of 5 July 31, 2012
that the sponsoring entity follows all other licensing requirement of this
chapter. All events that entail the serving, consumption and sale of
alcoholic beverages must meet with requirements of Moab Municipal
Code Section 5.20.660 regarding the consumption of alcohol in public
places.
E. Performing arts events held at established performing art venues,
including the Grand County High School Auditorium, the Moab Arts and
Recreation Center, Star Hall and the Grand Center shall not be considered
special events.
Moab Municipal Code Section 12.20.040 shall be amended to read as follows:
12.20.040 Consumption or possession of alcoholic beverage prohibited.
Except as provided for in Chapter 5.20.660, it is unlawful for any person to
consume alcoholic beverages within any public park of the City.
DATED this 31st day of July, 2012.
Mayor
ATTEST:
u,aea sue_
Rachel E. Stenta
City Recorder
Ordinance #2012-12 Page 5 of 5 July 31, 2012