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Home My WebLink About04/16/2013 11 Allowance of Alcoholic Beverages in Designated City Parks; YMC Amendment Section 13.16.070tl r" BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: April 16, 2013 ITEM TITLE: Ordinance amending the Yakima Municipal Code (YMC 13.16) to allow the serving of alcoholic beverages in City parks using the Special Events Permitting Process (YMC 9.70). SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager Mark Kunkler, Senior Assistant City Attorney CONTACT Ken Wilkinson, 575 -6416 PERSON /TELEPHONE: SUMMARY EXPLANATION: A letter of request was received from the Yakima Folklife Association (attached), a non - profit organization, asking for permission to have a beer and wine garden at the 31 st Annual Folklife Festival (July 19 -20, 2013) held in Franklin Park. The beer and wine garden would provide an additional revenue source for the nonprofit organization to continue offering the free festival in the future. Currently liquor consumption is regulated at a limited number of park facilities owned by the City or operated by the Yakima Greenway Foundation as listed in YMC 13.16.070. The proposed ordinance would amend the Yakima Municipal Code to allow the serving of alcoholic beverages in any City Park contingent on a valid park reservation permit, a valid Washington State Liquor Control Board permit, and also conforming with a special event permit (YMC 9.70) recently approved by City Council. The request was discussed at the March 13, 2013 Parks and Recreation Commission meeting and was recommended to move forward to City Council for deliberation and action. Resolution Ordinance X Other Letter of Request (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council consider amending the ordinance relating to city parks; amending Section 13.16.070 of the Yakima Municipal Code regarding permitting of the possession, consumption and sale of alcoholic beverages in designated city parks and in conjunction with special events. BOARD /COMMISSION RECOMMENDATION: The Parks and Recreation Commission discussed the request at the March 13, 2013 Parks and Recreation Commission meeting and recommended 6 -2 to move forward to City Council for deliberation and action. ATTACHMENTS: Click to download ❑ Ordinance showing red line markup ❑ Letter of Request ORDINANCE NO. 2013- AN ORDINANCE relating to city parks; amending Section 13.16.070 of the Yakima Municipal Code regarding permitting of the possession, consumption and sale of alcoholic beverages in designated city parks and in conjunction with special events. WHEREAS, the City Council has previously adopted ordinances, codified at YMC 13.16.070, prohibiting the possession, consumption and sale of alcoholic beverages within city parks and property owned, operated and managed by the Greenway Foundation within the city limits, except for alcoholic beverages permitted and authorized by the city with necessary permit issued by the Washington State Liquor Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at Kiwanis Park, Fisher Park Golf Course, and /or the Harman Center at Gailleon Park; and WHEREAS, the Parks Commission has considered an amendment to the above code whereby (a) for any event not constituting a special event pursuant to Chapter 9.70 YMC, the possession, consumption and sale of alcoholic beverages could occur within such designated city parks pursuant to applicable park permit and permit issued by the Washington State Liquor Control Board; and (b) for any event constituting a special event pursuant to Chapter 9.70 YMC, the possession, consumption and sale of alcoholic beverages may be allowed in any city park pursuant to the terms and conditions of such special event permit and permit issued by the Washington State Liquor Control Board; and the Parks Commission has recommended approval of such proposed amendment by the City Council; and WHEREAS, the City Council accepts the recommendation of the Parks Commission and finds and determines that YMC 13.16.070 should be amended accordingly; and WHEREAS, the City Council finds and determines that Section 13.16.070 of the Yakima Municipal Code should be amended as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein, and that such amendment is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 13.16.070 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 12013. ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: 2 Micah Cawley, Mayor EXHIBIT "A" 13.16.070 Intoxicating liquor regulated — Exceptions. No intoxicating liquor or alcoholic beverage of any kind or nature shall be possessed, consumed or brought within the limits of any city park, city playground, or any property owned, operated and /or managed by the Yakima Greenway Foundation and its successors and assigns within the boundaries of the city of Yakima, except for the following: (a) For any event not constituting a special event subject to Chapter 9.70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold pursuant to applicable city park permit and a valid permit issued by the Washington State Liquor Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at Kiwanis Park, Fisher Park Golf Course, and /or the Harman Center at Gailleon Park. (b) For any event constituting a special event subject to Chapter 9.70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold in any city park pursuant to the terms and conditions of such special event permit issued pursuant to Chapter 9.70 YMC. 3 EXHIBIT "A" (Changes shown in legislative format) 13.16.070 Intoxicating liquor regulated — Exceptions. No intoxicating liquor or alcoholic beverage of any kind or nature shall be possessed, consumed or brought within the limits of any city park, city playground, or any property owned, operated and /or managed by the Yakima Greenway Foundation and its successors and assigns within the boundaries of the city of Yakima, except for the following: (a) For any event not constituting a special event subject to Chapter 9.70 YMC, intoxicating liquor or alcoholic beverages o°r� may be possessed, consumed or sold pursuant to applicable city park permit and a valid permit issued by the Washington State Liquor Control Board at Sarg Hubbard Park, Sherman Park, the Gateway Sports Complex at Kiwanis Park, Fisher Park Golf Course, and /or the Harman Center at Gailleon Park. (b) For any event constituting a special event subject to Chapter 9.70 YMC, intoxicating liquor or alcoholic beverages may be possessed, consumed or sold in any city park pursuant to the terms and conditions of such special event permit issued pursuant to Chapter 9.70 YMC. Yakima Folklife Association 2105 Tieton Drive Yakima, WA. 98902 February 12, 2013 Ken Wilkinson Yakima Parks and Recreation 2301 Fruitvale Blvd. Yakima WA. 98902 The Yakima Folklife Association was formed in 1983 as a nonprofit 501C3, registered with the IRS and the State Of Washington as a nonprofit. Since then the Yakima Folklife Association has operated in the City of Yakima for the past 30 years. In conjunction with the Yakima Valley Museum we have held a Music Festival at Franklin Park for all of these 29 years. This festival is free of charge to the public and along with the festival we have live music in several of the downtown business Friday and Saturday nights, all free. We sponsor live concerts at the Museum during the winter months also and these concerts are our main source of income. We do sell Food and Crafts vendor spaces at the festivals for other income. The Yakima Folklife Associations Festival is the only free festival in the Yakima area I believe. This group is looking for new revenue sources for income to keep the Free festivals going. The Yakima Folklife Association is asking for permission to have a Beer and Wine garden at the Festival this year. It is hot on these July dates and we think this could be a good revenue source for the organization. Our hours of operation will be Friday evening, a kick off concert at the new Pavilion 7:00 to 9:00 pm and on Saturday 11:00 am to 7:00 pm at the park. On both of these evening we then will have 6 or 7 venues downtown at some of the wine tasting rooms and the others in some of the other restaurants and sports bars. At the park we normally have around 12 to 20 Food Vendors and lots of Art and Craft Vendors also. This Beer and Wine garden could help to keep these Festivals going in the future. Thanks for allowing this request. Don Eastridge YFA President