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HomeMy Public PortalAboutORD14837 SUBSTITUTE 2011-51 BILL NO. 2011-51 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. 14 ,)3-I AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY RE-ESTABLISHING FESTIVAL DISTRICTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 4, is hereby amended by repealing the present Section 4-24 and enacting Section 4-24 to read as follows: Sec.4-24. Temporary Outdoor Consumption Special Eoent Permits. A. The City Administrator may,when he in theCitv Administrator's his-sole discretion,deems it beneficial to fostering community spirit and tourism and upon proper application and upon such conditions as he the City Administrator deems appropriate, issue a Temporary Outdoor Consumption Speeial Event 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 Dunklin Street from Madison to Jefferson. 3. Central Gast Side Entertainment District.Hieh Street from Chestnut to Ash St.and Ash Street from Hielt Street to Wall Way. 4. Such other area or areas as may be approved by the City Administrator upon such conditions as the Citv Administrator may deem appropriate. C. Within the Permit Area and during the times of the permit: Drafter's Note: Deleted text is shown thus. Inserted text is shown thus. SUBSTITUTE 2011-51 1. Sections 18-149 (1)(a)and 21-111 (Noise)shall be suspended. 2. All publie streets sliftil be closed. The Applietuit nra� intohibitthe sale of food 0 be mt ages oil the Public so ees;except b�pet sons atithot ized bythe Applicant. The granting of the ep rmit shall authorize the closing of the streets within the ep rmit area; and a. The Permitee is authorized to prohibit the sale of food or beverages on the public streets except those allowed by the Permitee; and b. The Permitee may prohibit anv commercial activity,including distribution of commercial advertisements, on the public street except those allowed by the Permitee; and c. The Permitee may prohibit bringing animals into the Permit area; and d. The Permitee may remove from the Permit Area an ep rson or erp sons who are disrupting the activities of the Permitee. The term disrupting shall include, but is not limited to, loud nom 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 Permitee to rp ohibit 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 within ot eontiguotts to Elie Permit Arett and which has pen re ante permission bv the ep rmit 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 en rmit Ben t *area. All persons purchasing any beverage in an Event Cup must be over the age of21 years,and the establishment shall place a wristband as designated for the event on the person's wrist to indicate that they are over 21. Alternatively,wristbands maybe Ip aced on such erp sons 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. Person's 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. Drafter's Note: Deleted text is shown fl s. Inserted text is shown thus. 2 SUBSTITUTE 2011-51 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 All Festival Bis nets permit areas. During the period that the permitted z is in effect: 1. No glass containers of any kind shall be permitted within the ep rmit area dish iee 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 disbic , 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. F. The Citv Administrator may authorize multiple Temporary Outdoor Consumption ep rmits upon a single application and may authorize the Liquor Control Board to issue a temporary catering ep rmit for Rp to 5 week at the same cost as a single catering ep rmit to accommodate the multiple events. G. The City Administrator may not authorize any ep rmits for events to occur on July V or July 4° H. No ep rmit may be issued under the provisions of this Section after November 1,2012. Section 2. The City Code, Chapter 32, Section 32-232, is hereby amended to read as follows: Sec.32-232.Consumption of Alcohol. Notwithstanding the provisions of section 4-17 of Chapter 4,Alcoholic Beverages,where a Pennitee holds a liquor license for an existing restaurant,the consumption of intoxicating liquor shall be deemed to be permitted on the premises of the sidewalk cafe provided, however, that such permission shall be deemed suspended during such times as the applicable sidewalk is within or within twentv feet of an active Temporary Outdoor Consumption Permit unless the license Drafter's Note: Deleted text is shown then. Inserted text is shown thus. 3 SUBSTITUTE 2011-51 holderIp aces a sign on each table located on said sidewalk which states that no alcohol may be removed from the sidewalk cafe premises,and the premises of the sidewalk cafe is cordoned off from the Temporary Outdoor Consumption permitted area. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:h%L4,4,/X,o-�— Approved: Presiding i Mayor ATTEST: APPROVED AS TO FORM: 44�`-ZVX/ City Clerk City Counselor Bill 2011-51 -Substitute 4