City of Culver City, California
Agenda Item Report
Meeting Date: 08/06/12 Item Number: _C-3
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Granting a Permit to the
Exchange Club to Conduct a Beer and Wine Garden in Veterans’ Memorial Park
During the 2012 Fiesta La Ballona.
Contact Person/Dept.: Dan Hernandez,
PRCS Director
Phone Number: (310) 253-6655
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Email) Meetings and Agendas – City Council (08/01/12); Fiesta La
Ballona Committee (08/01/12); Culver City Exchange Club (08/01/12).
Department Approval:
Dan Hernandez (07/24/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/31/12)
Chief Financial Officer Approval:
Jeff Muir (08/01/12)
City Manager Approval:
John M. Nachbar (08/01/12)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution granting a permit to the
Culver City Exchange Club (Exchange Club) to conduct a Beer and Wine Garden in
Veterans’ Memorial Park during the 2012 Fiesta La Ballona (Attachment 1).
BACKGROUND:
Culver City Municipal Code (CCMG) Section 3.03.025(A) grants the City Council
authority to issue a permit for a beer and wine garden at the City’s Fiesta La Ballona
event. The Beer and Wine Garden (BWG) has been a part of the Fiesta La Ballona
(Fiesta) for the past seven years (2005 – 2011). In past years, there have been no
reported incidents directly or indirectly related to the BWG operation. The Culver
City Lion’s Club was the permittee for the BWG in 2005 and 2006, and the
Exchange Club has been the permittee for the BWG since 2007.
The Exchange Club is a prominent local non-profit organization that is dedicated to
providing financial support to various community-based organizations benefiting
children, seniors and those with disabilities. The Exchange Club co-sponsors and
co-manages several annual events with the City of Culver City, including the Fourth
of July Fireworks Show, the “Crusin’ Back to Culver City” Car Show and the Carnival
for Children with Disabilities.
City of Culver City, California
Agenda Item Report
DISCUSSION:
The 2012 Fiesta will be held on Friday, August 24, Saturday, August 25, and,
Sunday, August 26. The Fiesta La Ballona Committee would like to offer a BWG for
Fiesta 2012 and is once again recommending the Exchange Club as the BWG
vendor. The Exchange Club desires to sponsor the BWG for Fiesta 2012 under
similar conditions of the approval imposed by the City for Fiesta 2011. A BWG
Income and Expense Statement containing projections for 2012 is provided as
Attachment 2.
Liability and Insurance Requirement
The insurance requirement for the BWG is one million dollars ($1,000,000) general
liability insurance, per occurrence, including liquor liability. According to the terms of
the Agreement, the Exchange Club must submit the required evidence of insurance
at least two weeks prior to the Fiesta event. The City Attorney’s Office will review
the insurance policy and verify that, in addition to coverage for general liability, the
policy includes liquor liability coverage and has added the City of Culver City and the
Fiesta Committee as additional insureds.
The BWG Hours of Operation
In 2011, the City Council approved a request by the Exchange Club to extend the
hours of operation of the BWG by one hour on Friday and Saturday. The Exchange
Club is proposing the same schedule as last year’s:
Friday 6:30 p.m. – 9:30 p.m.
Saturday 12:00 p.m. – 10:00 p.m.
Sunday 12:00 p.m. – 7:00 p.m.
All end times may be earlier, depending upon the level of participation.
Other Conditions
The Exchange Club is willing and able to comply with all of the conditions imposed
during previous Fiestas. As set forth in the attached proposed Resolution, other
conditions deal with issues pertaining to enforcement regarding minors and safety
procedures, among others. The Exchange Club will have its volunteers trained in
applicable laws regarding liquor sales and provide the necessary supervision
required to ensure laws are enforced.
FISCAL ANALYSIS:
The adoption of the proposed Resolution will not result in any direct fiscal impact to
the City other than the $600 Event space fee that will be charged to the Exchange City of Culver City, California
Agenda Item Report
Club for the use of the area within Veterans’ Memorial Park which the BWG
occupies during the Fiesta.
ATTACHMENTS:
1. Proposed Resolution
2. Beer and Wine Garden Income and Expense Statement with 2012 Projections
MOTION:
That the City Council:
Adopt a Resolution granting a permit to the Culver City Exchange Club to
conduct a Beer and Wine Garden in Veterans’ Memorial Park during the 2012
Fiesta La Ballona.
MEETING DATE: August 6, 2012
AGENDA ITEM: Adoption of a Resolution Granting a Permit to the
Exchange Club to Conduct a Beer and Wine Garden in
Veterans’ Memorial Park During the 2012 Fiesta La Ballona.
ATTACHMENTS
Pages
1. Proposed Resolution 1 - 6
2. Beer and Wine Garden Income and Expense Statement
with 2012 Projections
7
ATTACHMENT 1 harmless and defend City and each of its officers, employees and
representatives ("Indemnitees") from any and all liability claims, damages,
judgments, demands, including attorney fees and court costs, whatsoever,
which may arise against any or all Indemnitees by reason of any real or
personal property damage, personal injury or death arising or resulting directly
or indirectly from Permittee's activities related to the issuance of this Permit.
d. Without limiting any other obligation set forth in this Permit,
Permittee shall submit to the City an occurrence based Comprehensive General
Liability ("CGL") policy (including liquor liability), at least as broad as ISO Form
CG 0001, in the minimum amount of One Million Dollars ($1,000,000) each
occurrence, with not less than Two Million Dollars ($2,000,000) in annual
aggregate coverage. The aggregate coverage may be provided by two
separate One Million Dollar ($1,000,000) CGL policy(ies). The CGL policy(ies)
shall have the following requirements:
(i)
The policy shall provide coverage for personal injury, bodily
injury, death, accident and property damage and advertising injury, as those
terms are understood in the context of a CGL policy. The coverage shall not be
excess or contributing with respect to City's self-insurance or any pooled risk
arrangements;
(ii) The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile liability;
(iii) The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law, Permittee's obligation to indemnify the Indemnitees as required under Paragraph 1.c. of this
Permit;
(iv) The Policy shall not exclude coverage for Completed
Operations Hazards or Athletic or Sports Participants; and
(v) The City of Culver City, and officers, agents, and
employees will be named as additional insureds in an endorsement to the
policy, which shall be provided to the City and approved by the City Attorney.
The required evidence of insurance shall be submitted to the City
at least two weeks prior to the Event.
e. Permittee shall obtain the necessary State of California Alcoholic
Beverage Control Board alcohol sales event permit for the Event, which shall be
posted at all times. Permittee shall comply with any and all federal, state and
local laws regarding the sale of beer and wine. Permittee shall also obtain any
and all required Los Angeles County health permits, which shall be made
available upon request.
f. The size and location of the Event shall be consistent with the
configuration as approved by the Fiesta La Ballona Committee. The perimeters
of the Event shall be bound by fencing (the "Event Area").
g.
There shall be only one entrance and one exit for the Event Area.
All persons must enter the Event Area from the designated entrance point and
leave the Event Area from the designated exit point. Permittee shall designate
a responsible adult to be posted at each entrance and exit to ensure that all
persons in attendance at the Event, including Permittee's employees, agents
and volunteers, are in compliance with the conditions of this Permit. h. The Event shall be limited to the sale of beer and wine only.
i. No alcohol shall be removed from or consumed outside of the
Event Area. A sign shall be posted at the exit stating "No Liquor Beyond This
Point."
No alcohol, other than alcohol being sold at the Event, shall be
permitted in the Event Area.
k. All alcohol shall be served in plastic cups.
There shall be a two (2) drink maximum at one time.
m.
Permittee's employees, agents and volunteers who are working
the Event ("Event Staff') shall not serve any alcohol to visibly intoxicated
individuals in accordance with applicable laws.
n. Event Staff shall stop serving alcohol at the designated Event
closing times as set forth in Section 1.b of this Resolution.
o. No minors shall be permitted entrance to the Event Area. A sign
shall be posted at the entrance stating "No Minors."
p. No person shall be granted access to the Event Area without
presenting a valid driver's license that displays a photograph and date of birth
evidencing that the person is at least 21 years of age. All persons under the
age of 25 years shall present, in addition to a valid driver's license, a second
form of identification that displays the person's name and signature or name
and picture.
q.
Event Staff shall issue colored wrist bands (that cannot be
replaced once removed) to all persons prior to entering the Event Area. No
person shall be admitted to the Event Area that is not wearing said wrist band. r. Event Staff shall issue each carnival ride operator a wrist band of
a different color than Event participants. No carnival ride operator shall be
admitted into the Event Area.
s. The capacity of the Event Area shall not exceed sixty (60) persons
at any given time.
t. Event Staff shall receive training in the laws and rules governing
the verification of identification, the service of alcoholic beverages, and the
refusal of service to intoxicated persons.
u. Event Staff shall not consume alcohol during the Event.
v. No persons, including members of the Culver City Exchange Club,
shall receive complimentary beer or wine.
w. Distribution or display of any alcohol advertising or promotional
items shall be limited to the Event Area. With the exception of alcohol
advertising and promotional items relating to the products served at the Event,
only Culver City Exchange Club materials may be distributed or displayed in the
Event Area.
x. Event Staff shall monitor the alcohol consumption and behavior of
all Event participants.
y. Permittee shall ensure that the Event Area is cleaned of all trash
and debris and left in the same condition it was prior to the Event.
z. Permittee acknowledges and understands that the City of Culver
City reserves the right to shut down the Event at anytime at the discretion of
Culver City Police Department and the facility supervisor. ANDREW WEISSMAN, MAYOR
City of Culver City, California
aa. Within 30 calendar days after completion of the Event, Perniittee
shall provide the City with a full financial disclosure of the operation of the
Event.
bb. Within ten days after the adoption of this Resolution, Permittee
shall pay to the City's Fiesta La BalIona Committee ("Committee") the Event
space fee of six Hundred Dollars ($600.00).
cc. Perniittee shall be responsible for coordinating, purchasing and
acquiring all supplies and equipment necessary to support the Event including,
but not limited to, beer, wine, snacks, paper products, fencing, tables, chairs
and umbrellas.
dd. Committee shall be responsible for coordinating through the
appropriate City departments sufficient power sources as needed for the
operation of the Event.
2. This Resolution shall take effect on the date of its adoption.
APPROVED and ADOPTED this
day of 2012.
ATTEST:
MARTIN R. COLE,
City Clerk
Al 2-00578
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6 Beer Wine Garden
(Income and Expense with Projections)
2008 2009 2010 2011 Projected 2012
Beer & Wine Sales $7,655 $7,244 $7,600 $6,700 $7,500
Costs:
Fiesta booth fee paid 500.00 500.00 600.00 600.00 600.00
Fiesta fee Kiwanis 150.00 donated donated donated donated
- - - -
Wine 875.00 875.00 875.00
Beer 1,357.09 donated donated donated donated
Insurance 1,836.81 890.00 890.00 890.00 890.00
Supplies 500.00 550.00 575.00 575.00 400.00
-
landscaping 574.50 350.00 350.00 350.00 donated
- - - -
- - - -
Table & fence rental 1,200.00 1,500.00 1,500.00 1,750.00 1,750.00
- - - -
Newsprint advertising 85.00 200.00 200.00 200.00 200.00
- - - -
Total Costs 6,203.40 $ $3,990.00 4,115.00 4,365.00 3,840.00
BWG Profit (Loss) $1,452 $3,254 $3,485 $2,335 $3,660
Prepared by Exchange Club
ATTACHMENT 2
Page 7