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Home My WebLink AboutORD 3157BILL NO. 27 ORDINANCE NO. 3157 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, ARTICLE 7, SECTION 06-07-35, OF THE CALDWELL CITY CODE, PERTAINING TO ALCOHOL BEVERAGE CATERING PERMITS, AND CHAPTER 6, ARTICLE 23, SECTION 06-23-01 OF THE CALDWELL CITY CODE, PERTAINING TO SPECIAL EVENT PERMITS; ADDING CHAPTER 6, ARTICLE 23, SECTION 06-23-02 TO THE CALDWELL CITY CODE, ALLOWING PRE -APPROVED SPECIAL EVENT VENUES; AMENDING CHAPTER 8, ARTICLE 7, SECTIONS 08-07-07 AND 08-07-09 OF THE CALDWELL CITY CODE, PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND PERMITS ISSUED BY THE CITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 6, Article 7, Section 06-07-35, of the Caldwell City Code, pertaining to alcohol beverage catering permits, be amended as follows: 06-07-35: ALCOHOL BEVERAGE CATERING PERMIT: (1) An alcohol beverage catering permit is a permit issued pursuant to this section which authorizes the permit holder to dispense, serve or sell liquor, beer or wine by the drink at a party, special event, or convention, but said license shall not exceed five (5) consecutive days upon obtaining an alcohol beverage catering permit, with an option to request one permit extension on the same terms and conditions as the original permit, which extension may be issued or denied at the sole and absolute discretion of the original issuing entity. An alcohol beverage catering permit shall be limited to authorization to sell or dispense liquor or beer or wine, or any combination thereof, based upon the type of license which the applicant possesses. In addition, alternating permits shall not be issued to operate what would be a multiple day per week bar without a license; secondly, a permit shall not be issued/obtained to a person, or for the benefit of another person, attempting to circumvent established alcohol licensing procedures, i.e., operating two (2) separate establishments under one license or for the benefit of a person whose alcohol license has been revoked or canceled. Applications for such permit shall be made to the city clerk upon the form prescribed by the chief of police, which shall contain the following information: PAGE -1 D. The address at which the liquor, beer, or wine is to be served with a detailed description or diagram of the location where the alcoholic beverages are to be served and sold. (3) Upon the filing of an application, the city clerk shall, upon the advice and recommendation of the chief of police and chief of fire, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the clerk of the city. Copies of the application's signed endorsements thereon shall be mailed or delivered immediately to the chief of police, and the applicant and a signed copy retained by the clerk. A. The chief of police and chief of fire may recommend the catering permit be issued with conditions. The City may consider factors such as: the anticipated number of participants, the location of the venue described for the catering permit, pedestrian and vehicular traffic. the occurrence of other events in the area at the same time, ingress or egress of customers to the venue and surrounding businesses, the presence of minors, and other related and relevant factors. B. Conditions imposed may include, but are not limited to: i. posting signs: ii. hiring additional security personnel at the applicant's expense, iii. hiring trained alcohol servers: iv. reducing; the number of dates or times for which the permit is issued; v. ensuring compliance with Fire Code and access of emergency vehicles and personnel;. vi. or maintenance of the venue in a specified manner, including restricted area and access points. Section 2. That Chapter 6, Article 23, Section 06-23-01 of the Caldwell City Code, pertaining to special event permits, be amended as follows: 06-23-01: SPECIAL EVENT PERMITS: PAGE -2 (7) Deposit Required: If the applicant will be using the Memorial Park facilities,a five hundr-ed damages and cleaning deposit must accompany the submission of the special event application to the City Clerk's office. Other parks may also require a five ,,,,..a .ea doilaf ($500.00) damages and cleaning deposit, dependent upon the usage and size of the event, as determined by the parks superintendent or other city staff. (10) Alcoholic Beverages: Separate application is required for licenses and permits related to, or necessary for, the special event, including licenses or permits to sell alcoholic beverages, as required by Idaho Code and section 06-07-35 of this code, of the applicable laws, policies and procedures of Southwest District Health Department district health dep 4 nen4 (11) Extraordinary Resources: Special event applicants, promoters and sponsors whose special events require the use of extraordinary city resources as a result of their anticipated attendance or heightened security concerns shall be required to pay for those extraordinary resources as determined by that city's department. Full cost recovery for extraordinary resources shall be required no later than sixty (60) days following the conclusion of the special event. Any extraordinary resources for which there are additional costs shall be solely dedicated to the special event. If after the special event permit application is submitted, a determination by city staff is made that extraordinary city resources may be required for the event, an extraordinary resources deposit may also be required as part of the approval process for the special event permit application. The amount of the deposit will be determined by city staff, subiect to evaluation of anticipated extra resources that may be required. (13) Permit Denial: Permits may be denied by the city if: E. The venue or park requested to host the event is inadequate to meet event hosting requirements, as determined by city staff. F. Conditions set forth by city staff, such as those set out in section 06-07-35(3) of this Code, cannot be met or will not be met b t�pplicant. PAGE -3 Section 3. That Chapter 6, Article 23, Section 06-23-02 of the Caldwell City Code, pertaining to pre -approved special event venues, be added as follows: 06-23-02: PRE -APPROVED SPECIAL EVENT VENUES: (1) A venue may be gpproved on an annual basis for the hosting of events throughout the year if - A. the venue hosts a minimum of 12 events per year at which a catering permit is required-, ' B. the venue and host maintains good standing with all licensing and permitting C. the venue applicant resubmits its preapproval application each year complying with section 06-23-01 of this Code: and D. the venue applicant complies with all Special Event requirements under this Code, and any conditions set forth by City staff, each time it hosts an event. (2) A pre -approved event application must be submitted and approved as outlined in section 06-23-01 of this Code. The applicant must fulfill all requirements and, additionally, must include a list of all expected and planned events for the current calendar year. Once the pre -approval application is approved by all necessary City departments, the venue applicant must submit to the City Clerk an event detail form confirming the details of each upcoming event not later than 10 days prior to the date of each event on the pre -approved event application. The venue applicant will not need to reapply for venue approval. Section 4. That Chapter 8, Article 7, Sections 08-07-07 and 08-07-09 of the Caldwell City Code, pertaining to possession and consumption of alcoholic beverages and permits issued by the City, be amended as follows: 08-07-07: EXCEPTIONS: The provisions of this Article shall not apply to the possession or consumption of any alcoholic beverage by a person who is at least twenty-one (21) years of age when such possession or consumption occurs: 1. Pursuant to a special event permit under section 06-23-01 of this Code to possess and consume alcoholic beverages upon any street or upon any public property within set boundaries must be obtain . An application for such a permit must be made to the City Clerk and be approved by Caldwell Police Department and must indicate in which zone or zones an event is to be held. Even when approval is properly obtained, alcoholic beverages are only permitted provided that the beverage is held in an opaque plastic container that is not labeled or branded by an alcohol manufacturer or distributor and that such possession or consumption does not occur on or in Indian Creek or on the green space of Indian Creek Park but onlv on the walkways, sidewalks, and bridge ways. PAGE -4 2. Within the area defined on Exhibit A, and depicted on Exhibit B, between the hours of 7:00 a.m. and 11:00 p.m. during any event approved through section 06-23-01 of this Code, and hosted in one of the pre -approved indicated zones, provided that the alcoholic beverage is held in an opaque plastic container that is not labeled or branded by an alcohol manufacturer or distributor and that such possession or consumption does not occur on or in Indian Creek or on the green space of Indian Creek Park but only on the walkways, sidewalks, and. bridge ways. Should there be a conflict between the boundarydscription (Exhibit A) and the approximate boundary depiction (Exhibit B), the description in Exhibit A shall control. 3. Within the indoor premises of a private business when served free of charge to customers or patrons of the business in conjunction with a specific event then taking place inside the business premises. 4. On a public sidewalk and the public right-of-way when such sidewalk or right-of-way is contiguous to a permitted facility, but only after issuance of and pursuant to the terms of a catering permit authorized by the City Council under section 06-07-35 of this Code. 5. On a public sidewalk or other public right-of-way when such sidewalk or right -of -waw being used for a permitted special event; provided, the consumption shall be for sample tasting only and the size of each sample of beer or wine shall not exceed one -and -one-half (1'/2) ounces, shall be dispensed by a licensed vintner, winery, brewery, distributor, or retailer for the purpose of promotingtheir heir products to the public or conducted as a tasting event, and shall take place in a specific identified tasting area in accordance with State law. Consumers shall remain in the tasting area until they have finished consuming the sample. 08-07-09: PERMIT: (2) Any alcohol beverage catering permit issued pursuant to section 06-07-35 of this Code for the distribution or sale of beer and wine in the City parks and recreation area, or downtown event zones as designated in section 08-07-07(2), shall be issued only as City and State laws and regulations allow. (3) Applicants to whom a special event permit or alcohol beverage catering permit has been issued shall be required to comply with all rules and regulations which appertain to the permit. Section 5. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 6. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. PAGE -5 Section 7. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 2"d day of July, 2018. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 2"d day of July, 2018. Mayor Garret Nancolas PAGE -6 ry0031.19 City Clerk (or Deputy) ��.•`'' '''•,, CITY OA •. c ,....... 9 ' 710 /DANS .•'� EXHIBIT A Event Zone 1 1. From the intersection of the northerly corner of the S. Kimball Avenue and the alley between Main Street and Arthur Street, northwesterly 236 feet, more or less along the northeasterly border of said alley. 2. From a point on the northeasterly border of the alley between Main Street and Arthur Street, which is 236 feet, more or less, from the northwesterly border of the S. Kimball Avenue, southwesterly and parallel with the northwesterly border of S. Kimball Avenue to a point on the southwesterly border of Arthur Street. 3. From a point on the southwesterly border of Arthur Street, which is 236 feet, more or less, from the northwesterly border of the S. Kimball Avenue, southeasterly along the southwesterly border of Arthur Street (including the sidewalk) to the westerly corner of the Arthur Street and S. Kimball Avenue intersection. 4. From the westerly comer of the Arthur Street and S. Kimball Avenue intersection, northeasterly along the northwesterly border of S. Kimball Avenue (including the sidewalk) to the intersection of the northerly corner of the S. Kimball Avenue and the alley between Main Street and Arthur Street. Event Zone 2 1. From the intersection of the westerly corner of N. Kimball Avenue and the alley between Main Street and the Union Pacific Railroad, southwesterly along the northwesterly border of N. Kimball Avenue and S. Kimball Avenue (including the sidewalk) to the northerly corner of the S. Kimball Avenue and Blaine Street intersection. 2. From the northerly corner of the S. Kimball Avenue and Blaine Street intersection, southeasterly along the northeasterly border of Blaine Street (including the sidewalk) to the northerly corner of the Blaine Street and S. W' Avenue intersection. 3. From the northerly corner of the Blaine Street and S. 10" Avenue intersection, northeasterly along the northwesterly border of S. 101 Avenue (including the sidewalk) to the intersection of the northwesterly border of S. 10' Avenue with the centerline Main Street. 4. From the intersection of the northwesterly border of S. 10' Avenue, also being the northwesterly border of N. 101 Avenue and the centerline of Main Street, northeasterly along the northwesterly border of N. 10' Avenue (including the sidewalk underneath the 10' Avenue Overpass, but NOT including any part of the 10'h Avenue Overpass) to the intersection of the westerly corner N. 10' Avenue and the alley between Main Street and the Union Pacific Railroad. 5. From the intersection of the westerly corner N. 101' Avenue and the alley between Main Street and the Union Pacific Railroad, northwesterly along the southwesterly border of the alley between Main Street and the Union Pacific Railroad to the intersection of the westerly corner of the alley between Main Street and the Union Pacific Railroad and the westerly corner of N. Kimball Avenue ALSO INCLUDES all of Event Zone 1 Event Zone 3 1. From the intersection of the westerly corner of N. Kimball Avenue and the alley between Main Street and the Union Pacific Railroad, southwesterly along the northwesterly border of N. Kimball Avenue and S. Kimball Avenue (including the sidewalk) to the northerly corner of the S. Kimball Avenue and Blaine Street intersection. 2. From the northerly corner of the S. Kimball Avenue and Blaine Street intersection, northwesterly along the northeasterly border of Blaine Street (including the sidewalk) to the easterly corner of the Blaine Street and S. 5' Avenue intersection. 3. From the easterly corner of the Blaine Street and S. 5' Avenue intersection, northeasterly along the southeasterly border of S. 5"' Avenue and N. 5" Avenue (including the sidewalk) to the intersection of the easterly corner N. 5" Avenue and the alley between Main Street and the Union Pacific Railroad. 4. From the intersection of the easterly corner N. 5' Avenue and the alley between Main Street and the Union Pacific Railroad, southeasterly along the southwesterly border of the alley between Main Street and the Union Pacific Railroad (including the Train Depot and surrounding sidewalk) to the intersection of the westerly corner of N. Kimball Avenue and the alley between Main Street and the Union Pacific Railroad. ALSO INCLUDES all of Event Zone 1 Downtown Event Zones 1 I - -. z • ! z x,ik� .1-:_,- r % MAIN ST - ♦ r Mai or 01 j ..�iMOj.• _ A k 1� t I f _. �. ro oVQ ARTHUR ST ' \ r Y \ ^ ` ARTHUR ST o _ a .Y � ... � . -a•1.1 ![ ... _ - � to ifr I N ~ f n I I• [I 1 Ili s i egos I BLAINE ST • s ^ ' • -- Woolf k • . t� •, Lj„7• i 1 1 W111111111 a _ - a •�J1w i — •r a . ♦ }IaI�1Ik 1 :mss �r 1 •` �' iy. -1 a / ��, ` .— _ �F ■�� Legend , _,��},fv o 1ao zoo C3CAM0 '' Feet ti•Y — ` • _ Event Zones —F Ralroatl �Yom( • KI Texlots _ ._..__.,..,•�. 1VId1=200 feat ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3157 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, ARTICLE 7, SECTION 06-07-35, OF THE CALDWELL CITY CODE, PERTAINING TO ALCOHOL BEVERAGE CATERING PERMITS, AND CHAPTER 6, ARTICLE 23, SECTION 06-23-01 OF THE CALDWELL CITY CODE, PERTAINING TO SPECIAL EVENT PERMITS; ADDING CHAPTER 6, ARTICLE 23, SECTION 06-23-02 TO THE CALDWELL CITY CODE, ALLOWING PRE -APPROVED SPECIAL EVENT VENUES; AMENDING CHAPTER 8, ARTICLE 7, SECTIONS 08-07-07 AND 08-07-09 OF THE CALDWELL CITY CODE, PERTAINING TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AND PERMITS ISSUED BY THE CITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amends Chapter 6, Article 7, Section 06-07-35, of the Caldwell City Code, pertaining to alcohol beverage catering permits by adding clarity to the application process and by adding considerations that the City shall follow in approving or denying applications for a permit. Section 2: Amends Chapter 6, Article 23, Section 06-23-01 of the Caldwell City Code, pertaining to special event permits by adding clarity to the application process, and by setting forth details on the approval or denial of permit applications. Section 3: Codifies Chapter 6, Article 23, Section 06-23-02 to the Caldwell City Code, which will allow pre -approved event venues to be approved annually for events hosted throughout the year in the City. Section 4: Amends Chapter 8, Article 7, Sections 08-07-07 and 08-07-09 of the Caldwell City Code, pertaining to possession and consumption of alcoholic beverages and permits issued by the City by allowing for possession and consumption of alcohol by persons at least twenty-one when such possession or consumption occurs in certain indicated public areas while a City -approved event is taking place in connection with a special event permit. Sections 5 through 7: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3157 provides an effective date, which shall be on the 2"d day of July, 2018. Ordinance No. 3157 was passed by the Council and approved by the Mayor on the 2"d day of July, 2018. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 2"d day of July, 2018, for publication on the 10' day of July, 2018, pursuant to Idaho Code § 50-901A. Mayor Garret Nancolas ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3157 and provides adequate notice to the public as to the contents of such ordinance. DATED this 2"d day of July, 2018. Aaron Seable, Attorney for City of Caldwell