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HomeMy Public PortalAboutORD14990 SUBSTITUTE BILL NO. 2012-38 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. I T1 V AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING THE SUNSET PROVISION FOR TEMPORARY OUTDOOR CONSUMPTION PERMITS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 4 (Alcoholic Beverages), Sec. 4-24 (Temporary Outdoor Consumption), is amended as follows: See.4-24. Temporary Outdoor Consumption. A. The City Administrator may, when in the City Administrator's sole discretion, deems it beneficial to fostering community spirit and tourism and upon proper application and upon such conditions as the City Administrator deems appropriate, issue a Temporary Outdoor Consumption Permit in any designated Festival District, or any portion of a Festival District as the applicant may request, such area being referred to herein as the Permit Area. B. Designated Festival Districts. The following areas have been designated as Festival Districts: 1. Downtown Festival District. An area which shall include High Street from Jefferson to Monroe, Madison Street from Wall Way to Commercial Way, and Commercial Way from a point 100 feet west of Madison to a point 200 feet east of Madison. 2. Dunklin Street Festival District. An area which shall include Dunlin Street from Madison to Jefferson. 3. Central East Side Entertainment District. High Street from Chestnut to Ash St. and Ash Street from High Street to Wall Way. 4. Such other area or areas as may be approved by the City Administrator upon such conditions as the City Administrator may deem appropriate. C. Within the Permit Area and during the times of the permit: 1. Sections 18-149(1)(a)and 21-111 (Noise)shall be suspended. 2. The granting of the permit shall authorize the closing of the streets within the permit area; and a. The Permittee is authorized to prohibit the sale of food or beverages on the public streets except those allowed by the Permittee; and Bill 2012-38-SUBSTITUTE Page 1 SUBSTITUTE b. The Permittee may prohibit any commercial activity, including distribution of commercial advertisements, on the public street except those allowed by the Permittee; and C. The Permittee may prohibit bringing animals into the Permit area; and d. The Permittee may remove from the Permit Area any person or persons who are disrupting the activities of the Permittee. The term disrupting shall include, but is not limited to, loud noise, obstructing the view of others, obstructing the flow of pedestrian traffic, or interfering with the Permittee's staff or volunteers;provided however, the term shall not be construed to allow the Permittee to prohibit distribution of petitions, pamphlets,or speech which is not disruptive. 3. No person shall possess alcohol within the Permit Area except in a container issued by the Applicant or his or her designee(s) (hereinafter "Event Cup"). The Event Cup shall be plastic, conspicuous,and unique to the event. 4. Any establishment which has been granted permission by the permit holder and which is properly licensed to sell liquor by the drink may sell beer or liquor in an Event Cup, with which the purchaser may consume on any public street or sidewalk within the permit area. All persons purchasing any beverage in an Event Cup must be 21vears of age or over the age of 221 years, and the establishment shall place a wristband as designated for the event on the person's wrist to indicate that they are 21vears of age or over 4. Alternatively, wristbands may be placed on such persons at a central specified location within the permitted area. The wristband must remain on the person's wrist at all times when consuming alcohol on the streets or sidewalks within the Permit Area. Person with a proper wristband and drinking from an Event Cup and who are within the Permit Area, shall not be considered to be carrying an open container and not be subject to Section 4-22 of the Code. 5. Persons violating this Section shall be guilty of an ordinance violation and/or may be required by a police officer to leave the permit area and if so ordered shall not return during the permit period. 6. All other provisions of the City ordinance, not specifically suspended or modified here, shall remain in full force and effect. D. The application must: 1. Be signed by the applicant who must be a resident of the City of Jefferson or an organization with at least one member being a Jefferson City resident and that resident shall sign the application on behalf of the organization. 2. Be on a form provided by the City and specify the nature of the event, the dates, times, and location of the event,and the public safety plan for the event. E. Rules Applicable to permit areas. During the period that the permit is in effect: 1. No glass containers of any kind shall be permitted within the permit area during its periods of operation. 2. No alcoholic beverages in open containers of any kind, other than Event Cups, shall be permitted within the permit area during the event. 3. The permit holder shall clearly mark the boundaries of the permitted area, in a manner acceptable to the Chief of Police or his or her designee, clearly indicating where open containers are and are not permitted. 4. The Permit Holder shall be responsible for cleaning up trash after the event and restoring streets and sidewalks to pre-event condition. Bill 2012-38-SUBSTITUTE Page 2 SUBSTITUTE F. The City Administrator may authorize multiple Temporary Outdoor Consumption permits upon a single application and may authorize the Liquor Control Board to issue a temporary catering permit for up to 5 weeks at the same cost as a single catering permit to accommodate the multiple events. G. The City Administrator may not authorize any permits for events to occur on July 3rd or July 4th. H. The City Administrator shall set a fee for the temporary outdoor consumption permit,which shall be set out in Appendix Y. No-pet,mit may be issued a.md"e. favisions of this Septi,n a fteF 1 NoyeiHbe"- , 2012. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: c Presiding Officer r ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Bill 2012-38-SUBSTITUTE Page 3