2008/04/08 City Council Resolution 2008-57RESOLUTION NO. 2008-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING ALCOHOL PERMITS FOR CITY PARKS
WHEREAS, on April 8, 2008, the City Council of the City of Rohnert Park introduced
Ordinance No.796, amending sections 9.34.010 and 9.34.020 of Chapter 9.34, Alcoholic
Beverages, and adding subsection 9.62.010.V to section 9.62.010, Public Parks and Recreation
Facilities, to the Rohnert Park Municipal Code;
WHEREAS, Ordinance No. 796 prohibits a person from possessing or consuming
Alcoholic Beverages in any parkway, playground, recreation center, recreation area, or any
parking lot adjacent to any of the foregoing recreation facilities owned, leased or under the
control of the City of Rohnert Park, unless such person has obtained a permit for possession
and/or consumption of alcoholic beverages for a special event from the Director of Public Safety;
WHEREAS, Ordinance No. 796 defines a special event as any event or gathering that
serves to educate, inform or entertain the public; and
WHEREAS, the City Council understands that residents and organized groups may wish
to partake in the responsible consumption of alcoholic beverages in City parks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
SECTION ONE: The Director of Public Safety or his/her designee is hereby authorized
to establish a permit approval program and to issue permits in accordance with the
following standards:
Permits for possession and/or consumption of alcoholic beverages shall only be
granted for special events.
2. All applicants must complete an application form, attached hereto as Exhibit A
and incorporated herein.
3. All applicants shall be over the age of 21.
4. All information on the application is truthful.
5. A permit shall not be issued if the proposed activity violates federal, state or local
laws.
6. A permit shall not be issued when the activity, when combined with the
consumption of alcoholic beverages, poses a potential threat to health, safety and
general welfare of park users.
7. Consumption of alcohol shall be limited to the date, times, and location stated
within the permit. .
8. There shall be a 6 -hour limit on alcohol consumption permits and no permit shall
authorize alcohol beverage consumption before 12:00 P.M. or after 9:00 P.M.
9. The permit holder shall be present for the entire duration of the special event, and
the permit must be in his/her possession during the special event and available for
review by City staff if requested.
10. The permit holder shall be responsible for assuring that all members of the group,
company or organization that possess or consume alcoholic beverages are of legal
age to drink alcoholic beverages according to California State law.
11. All permit applications shall be accompanied by a $25.00 permitting fee.
DULY AND REGULARLY ADOPTED on this 8th day of April, 2008.
CITY OF ROHNERT PARK
n
APPROVED AS TO FORM:
� �ty Attorney
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
1048753v2 80078/0012
Application/Permit
Special Event
Consumption of Alcohol in
City Parks
Application Date:
Organization or Applicant Nar
Event Planner /Contact Person:
Address:
Telephone Number:
Driver's License Number:
Date of Event:
Cellular Telephone:
City of Rohnert Park
Department of Public Safety
500 City Center Drive
Rohnert Park, CA 94928
(707) 584 -2600
Location:
E -mail:
Date of Birth:
Type of alcohol that will be consumed/possessed at this event:
Hours alcohol will be served:
to
Profit: Non -Proft
Fax:
What procedures will be taken to supervise the consumption of alcohol to ensure that persons underage or under
the influence of will not obtain or consume alcohol served at the event?
As a condition of being granted an alcohol beverage permit, I hereby agree to be present at the event at all times and responsible
for maintaining order at the facility and grounds. 1 agree to comply with City, County, and State regulations related to alcohol con-
sumption. I certify that 1 am 21 years of age or older and the information I have provided in the permit application is true and accu-
rate to the best of my knowledge. I agree to fully indemnify, defend, and hold harmless, the City of Rohnert Park, its officers,
agents, employees, and volunteers from and against all actions, damages, costs, liabilities, claims, losses, judgments, penalties
and expenses of every type and description, including, but limited to, any attomeys' fees and /or costs reasonably incurred by the
City of Rohnert Park and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as
Liabilities'), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent
act or omission or misconduct of the Responsible Party in connection with its use of City of Rohnert Park facilities. This shall be a
continuing release and shall remain in effect until revoked in writing.
Date
Applicant Signature
See page 2 for additional instructions, conditions, and limitations for application
OFFICE USE ONLY
Approved Denied Permit Number.
Reason:
Fee Paid. $25.00
Conditions
Date:
EXHIBIT A
Instructions, Conditions and Limitations to Application for
Permit for Possession and Consumptions of Alcohol in City Parks
Permits for possession and /or consumption of alcohol in City parks shall only be
granted for special events. Special events are defined as an event or gathering
that serves to educate, inform and /or entertain the public.
Any person, group, company, or organization desiring to possess and /or
consume alcohol beverages in a City park shall submit a fully completed
application for such purpose to the Rohnert Park Department of Public Safety.
The final determination of approving a permit shall be made by the Director of
Public Safety or his /her designee. If the application is approved, the applicant
will be notified by telephone, and a copy will be mailed to the applicant's address.
The application shall be submitted at least 14 days prior to the day for which the
permit is desired.
The permit shall no be transferable.
Consumption of alcohol shall be limited to the date, times, and location stated
within the permit.
There shall be a 6 -hour limit on alcohol consumption permits and no permit shall
authorize alcohol beverage consumption before 12:00 p.m. or after 9:00 p.m.
Glass containers are not permitted in City parks.
The permit holder must be present for the entire duration of the event, and the
permit must be in his /her possession during the event and available for review by
City staff if requested.
The sale of alcoholic beverages in City parks is strictly prohibited unless a
special license and insurances are obtained.
The permit holder will be responsible for assuring that all members of the group,
company or organization that possess or consume alcohol are of legal age to
drink alcoholic beverages according to California State law.
Alcoholic beverages are not permitted in parking lots or children's play areas.
The permit holder shall be responsible to leaving the designated area in the
same condition it was prior to the Special Event.
The permit holc;er shall be responsible to ensure that all food and beverage
containers and other trash is removed from the designated area. Failure to do so
may require the City to clean the designated area. All expenses incurred by the
City for such cleaning will be the responsibility of the permit holder.
The permit holder shall be responsible for any costs incurred by the City for
damages to City property. There will be a $25.00 permit processing fee payable
to the City of Rohnert Park.
All persons in any group granted a permit pursuant to the provisions herein shall
conduct thems"Ives in an orderly fashion and shall not infringe on the rights of
other person6 u. >` ,, the City park during the time of the event for which a permit
is issued.
A permit shall not be issued to any person, family, or group who or which has
been cited or an - ;- ed for any alcohol related violation, disturbing the peace,
disorderly conduct, assault, harassment, or for any other violation or crime
against the general public within the past year.
All statutes, ;, regulations, ordinances and rules of the United States, the
State of Califon a, or the City of Rohnert Park pertaining to the use of City parks
and to the poss,;: sion and /or consumption of alcohol shall be observed by all
persons included in any group, company, or organization during an event
covered by a pc r t granted pursuant to the provisions herein.
If any person, c; oup, company or organization granted a permit pursuant to the
provisions here shall violate any conditions or provision of such permit, the
Rohnert Park l apartment of Public Safety shall have the right to notify such
person, grou -;anization that said permit is immediately revoked, and that
all alcoholic be es shall be immediately removed from the City park.
Asa conrlitior, granted an alcohol beverage permit, I hereby agree to be present
at the event at and responsible for mL intaining order at the facility and grounds.
I agree to co, ;y with City, County, and State regulations related to alcohol
consumption. I citify that I am 21 years of age or older and the information 1 have
provided in the : t application is true and accurate to the best of my knowledge. 1
agree to fully hr I- _,fy, defend, and hold harmless, the City of Rohnert Park, its officers,
agents, employ and volunteers from and against all actions, damages, costs,
liabilities, claim . )sses, judgments, penalties and expenses of every type and
description, inc ing, but limited to, any attorney's fees and /or costs, reasonably
incurred by the -f Rohnert Park and any fees and expenses incurred in enforcing
this pro ision ("I e ,r collectively referred to as "Liabilities "), to which any or all of
them may be s: d, to the extent such Liabilities are caused by or result from any
negligent act or (. nission or misconduct of the Responsible Party in connection with its
use of City of ,2,:_ Park facilities. This shall be a continuing release and shall remain
in effect until re e: 7 writing.
AppG ;� ature
Date