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Staff Reports Eir 11 110 City of Shorewood Council Meeting Item Title/Subject: Review City Code to Allow Alcohol and Food Trucks 6C at Special Events Meeting Date: Monday, January 14, 2019 MEETING Prepared by: Marie Darling, Planning Director TYPE Reviewed by: Twila Grout, Park & Rec. Coordinator Regular Attachments: Park Commission Report and Attachments Meeting Policy Consideration: Should the City Council authorize staff to consider amendments necessary to allow alcohol sales and food trucks at special events in the parks, such as Artic Fever, Music in the Park or other events. Background: Please see the attached report for additional information. At their December 11, 2018 meeting, the Parks Commission discussed the topic and made separate motions on the two different issues. The Commission voted unanimously to recommend allowing food trucks in the park during special events, but four in favor/one opposed to recommending that the City Council consider allowing alcohol in the park during special events. Chair Mangold did not support the motion to revisit the ordinances prohibiting alcohol in the parks as he felt the existing ban was still appropriate. The Commissioners also discussed a one-year review of the issue after approval to consider the impacts. Staff would forward any ordinance changes in draft format to the Park/Planning Commissions (as applicable) prior to forwarding them to the City Council. The Parks Commission wanted to make sure that the existing Freeman concessions vender be notified of any future discussions. Financial Considerations: None at this time. Action Requested: Staff respectfully recommends the city council either direct staff to begin studying the issue and prepare draft ordinance language or to direct staff to enforce the current city codes prohibiting both alcohol and food trucks in the City's parks. Simple majority vote required for passage. Connection to Vision/Mission: Consistency in providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #4A hit4 CITY OF 1110 SHOREWOOD 5755 Country Club Road• Shorewood, Minnesota 55331 • 952-960-7900 Fax:952-474-0128•www.ci.shorewood.mn.us•cityhall@ci.shorewood.mn.us To: Park Commission From: Twila Grout—Park& Rec Coordinator/Admin. Asst. Reviewed By: Marie Darling—Planning Director Date: November 14, 2018 Re: Serving Alcohol in the Parks Attachment: Surrounding City's Ordinance Language Concerning Alcohol in the Parks Five years ago the Park Commission looked at serving beer and wine in the parks. At that time the motion failed 3-4 to approve beer and wine at City sanctioned events. This past Music in the Park event, city staff were asked again why the city does not serve beer/wine or have food trucks or offer food beyond concessions at Music in the Park. Other events have also called service of alcohol/food trucks into question: • Blues and BBQ (with Famous Daves) at Freeman Park • Country Hoe-Down at Badger(the American Legion sold food and suggested a beer tent) • Rotary events. The current city ordinance does not allow alcohol or food trucks in the parks. As previously discussed the following is what the City Attorney advised at that time if liquor were to be sold/consumed in city parks for special events: • The City Code would have to be amended to allow temporary licenses and to allow liquor and food trucks in City parks. • Any vendor selling liquor in the park would have to provide its own dram shop insurance. • The City's current insurance would be adequate to cover any liability associated with sale of liquor. Staff has attached a copy of responses from the cities regarding their policy on alcohol in the parks. The following cities now allow alcohol at city sanctioned events: City of Excelsior, City of Minnetonka, City of Mound, City of Victoria. Staff is requesting the Park Commissions either affirm the current rules or direct staff to make any changes to allow alcohol and/or food trucks in the parks for events. Any changes to the ordinance language would be discussed in draft form prior to forwarding proposals to the City Council. Surrounding City's Ordinance Language Concerning Alcohol in the Parks City of Excelsior: (Allows by Permit) Sec. 24-17. - Drinking in parks. No person shall possess or consume intoxicating liquor or 3.2 percent malt beverages in The Commons or parks of the city; provided, however, that the possession or consumption of such beverages shall be permitted when dispensed by an organization or association of persons who have first obtained a written permit therefor, authorized by the city manager, upon such terms and conditions as the city council may impose. (Code 1982, § 230:83) City of Minnetonka: (Allows by Permit) 1135.030. Permits. 1. Applications for permits for alcoholic beverages, large group events, and sound amplification must be submitted to the city in accordance with procedures and fees prescribed by the director. The director may deny a permit application when the proposed activity may adversely affect the public health, safety, or welfare, or the condition of the park facility. The director may add conditions to any permit to mitigate potential adverse effects or to ensure the quiet and orderly use and enjoyment of the park facility. Any person aggrieved by action of the director may appeal to the city council by submitting a request in writing to the director within 10 days after notice of the action. 2. Permits for alcoholic beverages are subject to the following requirements. a. Permits will be only for beer and wine in non-glass containers. b. Permits will be issued only for use at a picnic shelter for which a reservation has been made. c. Permitted alcoholic beverages may be possessed and consumed only in picnic shelter areas. Alcoholic beverages are not permitted on any athletic field, tennis court, skating rink, or adjacent areas and not in any parking lot. d. The person responsible for the gathering must remain within the area for which the permit was issued at all times that alcoholic beverages are being served, must have the permit in possession, and must display it upon the request of authorized city personnel. e. Alcoholic beverages are not permitted before 10:00 a.m. or after 9:00 p.m. 11/2018 (Amended by Ord. 2017-04, effective June 3, 2017) City of Chanhassen: (Allows) Sec. 14-61. - Alcoholic beverages. Except for malt beverages and wine, no person shall consume or have in his possession while within any city park any bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially consumed. (Ord. No. 57, § 5.02, 6-17-75; Ord. No. 57A, § 1, 9-20-76; Ord. No. 2H, § 7.19, 4-19-82; Ord. No. 134, § 1, 11-11-90; Ord. No. 360, § 5, 12-8-03; Ord. No. 391, § 1, 3-28-05) City of Minnetrista: (Doesn't Allow) 1200.07. Consumption in public places. No person shall consume intoxicating liquor or 3.2 percent malt liquor in a city park, on any city street, sidewalk, trail, or parking lot, or in any public place other than on the premises of an establishment licensed under this ordinance or where the consumption and display of liquor is lawfully permitted. City of Deephaven: (Doesn't Allow) The do not allow sales or consumption at their parks. City of Greenwood: (Doesn't Allow) They do not allow sales or consumption at their parks. City of Victoria: (Allows) They allow beer and wine within City Parks at all times. No alcohol, but they are working on changing the ordinance to allow for alcohol at of their enclosed shelters with an approved rental agreement and liquor license. City of Mound: (Allows for Festival) Only for the City collaborative festival, Spirit of the Lakes do they have alcohol in the park. 11/2018