MEETING DATE: 07/23/07
AGENDA ITEM: Adoption of a Resolution Adoption Granting a Permit to the
Culver City Exchange Club and Westside Chamber of
Commerce (dba West LA Chamber of Commerce, dba Greater
West LA Chamber of Commerce) to Conduct a Beer and Wine
Garden in Veteran ' s Memorial Park During the City's 2007
Fiesta La Ballona Celebration.
ATTACHMENTS
Pages
1. Proposed Resolution 1-5
2. CCMC § 13.03.025 6
3. Resolution No. 2006-R038 7-13
4. Excerpt of 06/05/07 Parks & Recreation Commission minutes 14-15,|1010|rnec AMamr|101010101010101010|RESOLUTION NO. 2007-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, GRANTING A PERMIT FOR A
BEER AND WINE GARDEN TO BE CONDUCTED IN
VETERANS' MEMORIAL PARK DURING THE 2007 FIESTA LA
BALLONA EVENT.
WHEREAS, the Fiesta La Ballona (the "Fiesta") dates back to the 1950s as a
weeklong festival in honor of the City's early settlers. During that time, the Fiesta was a
celebration of the City's heritage, and included events that evoked pride and reminded
residents of Culver City's beginning; and
WHEREAS, over the years, the Fiesta has changed, along with the activities
offered, including the recent addition of a beer and wine garden at the 2005 and 2006 Fiesta,
resulting in additional attendance and moving the fiesta in a direction to become more fiscally
viable and eventually generate enough revenue to be financially self-supporting; and
WHEREAS, pursuant to Culver City Municipal Code § 13.03.025 (A), the City
Council has determined to issue a permit to the Culver City Exchange Club and Westside
Chamber of Commerce, dba West LA Chamber of Commerce, dba Greater West LA
Chamber of Commerce ("West LA Chamber"), to conduct a beer and wine garden at the
2007 Fiesta.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. A permit is hereby issued to the Culver City Exchange Club and West LA
Chamber (collectively, "Permittees") to conduct a beer and wine garden (the "Event") in
Veterans' Memorial Park on August 24, 25 and 26, 2007 as part of the City's Fiesta La
Ballona activities, under all of the following conditions:
11|1010101010101010|a. Permittee, Culver City Exchange Club, acknowledges and certifies
that it is a not-for-profit 501(c) 3 Culver City organization, and that funds raised
at the Event will be used for local charities.
b. The Event shall be held on Friday, August 24, 2007 from the
hours of 6:30 p.m. to 8:00 p.m., Saturday, August 25, 2007 from the hours of
12:00 p.m. to 9:00 p.m., and Sunday, August 26, 2007 from the hours of 12:00
p.m. to 6:00 p.m.
c. Permittees shall, jointly and severally, defend, hold harmless and
indemnify City, its officers, employees and agents, from any and all liability
claims, including reasonable attorney's fees and costs, for damages to real or
personal property, or personal injury or death, caused by or resulting from
Permittees', their volunteers' or agents', acts, errors or omissions during the
Event.
d. Permittees shall submit to the City one or more duly executed
certificates of insurance for Comprehensive General Liability (including liquor
liability) in the minimum amount of One Million Dollars ($1,000,000) per
occurrence, including a special endorsement, to be approved by the City
Attorney, naming the City of Culver City, its officers, employees and agents, as
additional insureds.
e. The liquor license for the Event must be posted at all times and
Permittees must comply with any and all federal, state and local laws regarding
the sale of beer and wine.
28
21|101010101010|f. The size and location of the Event shall be consistent with the
configuration as set forth in the attached map (Exhibit "A"). The perimeters of
the Event shall be bound by fencing (the "Event Area").
9.
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. Permittees shall designate
a responsible adult to be posted at each entrance and exit to ensure that all
persons in attendance at the Event, including Permittees' 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.
1. There shall be a two (2) drink maximum at one time.
M. Permittees' 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 one (1) hour prior to the
closing of the Event.
31|10101010101010|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
and members of the West LA Chamber, shall receive complimentary beer or
wine.
41|101010101010|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.
Permittees 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. Permittees acknowledge and understand 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.
aa. Within thirty calendar days after completion of the Event,
Permittees shall provide the City with a full financial disclosure of the operation
of the Event.
2.
This Resolution shall take effect on the date of its adoption.
APPROVED and ADOPTED this
day of July 2007.
ALAN CORLIN, MAYOR
City of Culver City, California
ATTEST:
APPROVED AS TO FORM:
CHRISTOPHER ARMENTA,
CAROL A. SCHWAB,
City Clerk City Attorney
518
Im
Culver City General Offenses
§ 13.03.010 DISORDERLY CONDUCT ON
PUBLIC BUS.
While a passenger on a public bus, it shall be
unlawful for any person to carry on unnecessary
conversation with the operator of the bus , annoy other
passengers by loud or boisterous conversation or other
disorderly conduct , expectorate , smoke , or drink
intoxicating liquor, or refuse to leave the bus when
ordered to do so for non-payment of fare or any other
violation.
('65 Code, § 23-6) (Ord . No. CS-275 Art. IV)
§ 13.03 .015 USE OF CERTAIN ORGANIC
SOLVENT SUBSTANCES PROHIBITED;
EXCEPTION.
A. Prohibition. It shall be unlawful for any
person to inhale, breathe , ingest , or in any manner use
any product or substance or combination thereof
containing organic solvents , which include assemble
acetate, xylene , tri-calor ethylene , acetone or other
closely related or similar compounds used as solvents
for products referred to as "glue," "adhesive cement,"
"mucilage," or "dope," with the intent of becoming
intoxicated , elated , dazed, paralyzed , irrational or in
any manner changing , distorting , disturbing the
eyesight , thinking process, balanced or coordination or
affecting the central nervous system of such person.
('65 Code, § 23-29)
B. Exception . The provisions of Subsection A.
herein shall not pertain to any person who inhales,
breathes or drinks or uses such product or substance
pursuant to the direction or prescription of any doctor,
physician, surgeon, dentist , or pediatrist authorized to
so direct or prescribe.
('65 Code, § 23-30) (Ord. No. CS-459)
§ 13.03.020 MUSICAL ENTERTAINMENT AND
DANCING - AFTER HOURS.
It shall be unlawful for any person, firm or
corporation , required to be licensed or otherwise
regulated under the provisions of Chapter 11.01 of this
Code, to conduct or in any manner participate in
dancing or musical type entertainment of any kind
between the hours of 2:00 a.m. of one day and 6:00
a.m. of the same day, except by a special permit for
one day only, issued by the Committee on Permits and
Licenses of the City.
('65 Code, § 23-40) (Ord. No. CS-548)
§ 13.03.025 CONSUMPTION OF ALCOHOLIC
BEVERAGES ON STREETS AND PUBLIC
PARKS.
A. No person shall consume any beer, wine or
alcoholic beverage while on any street , sidewalk,
alley, highway , public playground or public park.
Possession of any bottle , can or other receptacle,
containing any beer, wine or alcoholic beverage which
has been opened or a seal broken, or the contents of
which have been partially removed , while on any
street, sidewalk , alley, highway , public playground or
public park creates a rebuttal presumption that the
person possessing the same is consuming its contents.
For purposes of this Section , the interior of the
Veterans ' Memorial Building or the Ivy Substation
shall not be considered to be within a public
playground or park, and the consumption of alcohol
within a duly licensed outdoor dining area shall not be
considered to be on a sidewalk . Notwithstanding the
provisions of this Subsection , the City Council shall
have the authority to grant by resolution a permit to
conduct a beer and wine garden in Veterans'
Memorial Park during the City's Fiesta La Ballona
event.
B. This Section shall not be deemed to make
punishable any act or acts which are prohibited by any
law of the State.
C. Any person who violates or fails to comply
with the provisions of this Section shall be guilty of an
infraction which shall be punishable pursuant to
§ 1.01.045 of this Code ; except when a person has
been convicted of three (3) or more violations of this
Section within the twelve (12) months immediately1|1010101010101010|17
27
28
RESOLUTION NO 2006-R 038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, GRANTING A PERMIT FOR A
BEER AND WINE GARDEN TO BE CONDUCTED IN
VETERANS' MEMORIAL PARK DURING THE 2006 FIESTA LA
BALLONA EVENT
WHEREAS the Fiesta La Ballona (the "Fiesta") dates back to the 1950s as a
weeklong festival in honor of the City s early settlers During that time, the Fiesta was a
celebration of the City's heritage and included events that evoked pride and reminded
residents of Culver City's beginning and
WHEREAS over the years, the Fiesta has changed, along with the activities
offered resulting in additional attendance and moving the fiesta in a direction to become
more fiscally viable and eventually generate enough revenue to be financially self-supporting
and
WHEREAS , in an effort to accomplish this goal and in order to enhance the
activities of the Fiesta the City Council, pursuant to Culver City Municipal Code § 13 03 025
(A) issued a permit to the Culver City Lions Club to conduct a beer and wine garden at the
2005 Fiesta and
WHEREAS the 2005 event was conducted successfully and did not result in
any significant problems to the Fiesta attendees or the community
NOW, THEREFORE, the City Council of the City of Culver City California,
DOES HEREBY RESOLVE as follows
1 A permit is hereby issued to the Culver City Lions Club ("Permittee") to
conduct a beer and wine garden (the "Event') in Veterans ' Memorial Park on August 25 26
2006-RO38
*71|101010101010|14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and 27, 2006 as part of the City' s Fiesta La Ballona activities under all of the following
conditions
a Permittee acknowledges and certifies that it is a not-for-profit
501(c) 3 Culver City organization, and that funds raised at the Event will be
earmarked for an annual school free eye-screening program and the senior
citizen Thanksgiving dinner
b The Event shall be held on August 25 2006 from the hours of
6 30 p m to 8 00 p m August 26 2006 from the hours of 12 00 p m to 9 00
p m and August 27, 2006 from the hours of 12 00 p m to 6 00 p m
c Permittee shall defend hold harmless and indemnify City, its
officers employees and agents, from any and all liability claims, including
reasonable attorney s fees and costs, for damages to real or personal property,
or personal injury or death caused by or resulting from Permittee s, its
volunteers' or agents acts errors or omissions during the Event
d Permittee shall submit to the City one or more duly executed
certificates of insurance for Comprehensive General Liability (including liquor
liability) in the minimum amount of One Million Dollars ($1 000 000) per
occurrence, including a special endorsement to be approved by the City
Attorney, naming the City of Culver City its officers, employees and agents, as
additional insureds
e Permittee's liquor license must be posted at all times and
Permittee must comply with any and all federal, state and local laws regarding
the sale of beer and wine|1010|2006-R038I|10101010101010|22
23
24
25
26
27
28
f The size and location of the Event shall be consistent with the
configuration as set forth in the attached map (Exhibit A") The perimeters of
the Event shall be bound by fencing (the Event Area )|10 10|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
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 staff members 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 one (1 ) hour prior to the
closing of the Event|1010|2006-RO381|10101010101010|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 drivers 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
13
14
15
16
24
25
26
27
28
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 Permittee 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 member of the Culver City Lions Club shall receive
complimentary beer or wine
2006-RO38
10
41|1010101010101010 10
10|22
23
24
25
26
27
28
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 Lions 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
as Within thirty calendar days after completion of the Event,
Permittee shall provide the City with a full financial disclosure of the operation
of the Event
2 This Resolution shall take effect on the date of its adoption
APPROVED and ADOPTED this 8th day of May 2006
IG ,MAYOR
C# of Culver City , Califgryia
FO
A L A SCHW B.
City Attorney|1010|2006-R038
I IE
'^
M5IT ^
q"
I-
2006-R038STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CULVER CITY
I, Ela Valladares, Deputy City Clerk of the City of Culver City, California,
do hereby certify that the foregoing Resolution No 2006-R038 was duly and
regularly adopted, passed, and approved by the City Council of the City of
Culver City, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the 811 day of May, 2006, by the following
Councilmember vote
AYES Carlin, Malsin, Gross, Rose, Silbiger
NOES None
ABSTAIN None
ABSENT None
Dated this day of May, 2006
Elc^/olladares
Dep^Cy "City Cler^/and Ex-Officio Clerk of the City Council
City of Culver City State of California
1:3A, Aafw- EN
Excerpt of the Minutes of the
REGULAR MEETING OF THE June 5, 2007
PARKS AND RECREATION COMMISSION
CITY OF CULVER CITY, CALIFORNIA
CHAIR VICKI DALY REDHOLTZ
Call to Order
7:00 p.m.
The meeting of the Parks and Recreation Commission was called to order by Chair Daly Redholtz at 7:02
p.m. in the Council Chambers, City Hall.
000
Roll Call
Members Present: Chair Vicki Daly Redholtz
Vice Chair Jeffrey Cooper
Commissioner Charles A. Deen
Commissioner Anita Shapiro
Members Absent: Commissioner James (excused)
Staff Present: Jerry B. Fulwood, City Manager
Martin Cole, Assistant City Manager
William La Pointe, Parks, Recreation and Community Services Director
Heather Iker, Deputy City Attorney
Patricia A. Mooney, Senior Management Analyst
Marty Nicholson, Recreation Manager'
Others Present: Laura Stuart, Chair, Fiesta La Ballona
Dan O'Brien, Culver City Great Parks Association
Susan Deen, Cultural Affairs Commissioner
000
Pledge of Allegiance
Jerry B. Fulwood, City Manager, led the Pledge of Allegiance to the Flag of the United States.
000
Item A-1.
(8:05 p.m.)
Consideration of a Recommendation to City Council to Adopt a Resolution Granting a Permit to the
Culver City Exchange Club to Conduct a Beer and Wine Garden in Veteran 's Memorial Park During
the City's 2007 Fiesta La Ballona Celebration.
Chair Daly Redholtz asked for a staff report.At this time, Commissioner Cooper, who is a member of the Culver City Exchange Club, recused himself
during discussion.
Marty Nicholson, Recreation Manager, gave the staff report.
Laura Stuart, Chair of the 2007 Fiesta La Ballona Committee, addressed the Commission. She asked
Heather Iker, Deputy City Attorney, to clarify the proposed conditions of approval for the Beer and Wine
Garden event.
Lengthy discussion ensued among Commissioners and staff regarding liability insurance, enforcement
regarding minors, safety procedures, alcohol consumption by volunteer, and not-for-profit status of the
permitee.
Following discussion, the following actions were taken:
MOVED BY COMMISSIONER SHAPIRO, SECONDED BY COMMISSIONER DALY REDHOLTZ, THAT
THE PARKS AND RECREATION COMMISSION RECOMMEND THAT THE CITY COUNCIL ADOPT A
RESOLUTION GRANTING A PERMIT TO THE CULVER CITY EXCHANGE CLUB AND THE GREATER
WEST LOS ANGELES CHAMBER OF COMMERCE TO CONDUCT A BEER AND WINE GARDEN IN
VETERAN'S MEMORIAL PARK DURING THE CITY'S 2007 FIESTA LA BALLONA SUBJECT TO
COMPLIANCE WITH CONDITIONS OF APPROVAL AND SUBJECT TO THE APPROVAL OF THE
INSURANCE REQUIREMENTS BEING MET AS DETERMINED BY THE CITY ATTORNEY'S OFFICE.
AYES: Commissioners Daly Redholtz and Shapiro
NOES: Commissioner Deen
ABSTAIN: Commissioner Cooper
ABSENT: Commissioner James
The Motion passes.
MOVED BY COMMISSIONER DEEN, SECONDED BY COMMISSIONER DALY REDHOLTZ, THAT THE
PARKS AND RECREATION COMMISSION RECOMMEND TO THE CITY COUNCIL THAT THE
PROPOSED CONDITIONS OF APPROVAL FOR THE 2007 FIESTA LA BALLONA BEER AND WINE
GARDEN BE AMENDED TO INCLUDE CHANGES TO THE FOLLOWING SECTIONS: NO. 1 - VERIFY
THE CERTIFICATION OF THE NON-PROFIT STATUS TO DETERMINE THE TRUE NATURE OF THE
ENTITY (AS 501 (C)3 OR 501 (C)4); AND NO. 25 - NO INDIVIDUAL SHALL RECEIVE COMPLIMENTARY
BEER OR WINE IN COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL LAWS REGARDING THE
SALE OF BEER AND WINE.
AYES: Commissioners Deen , Daly Redholtz and Shapiro
NOES: None
ABSTAIN: Commissioner Cooper
ABSENT: Commissioner James
The Motion passes.
000
1S
City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider the adoption of a Resolution permitting
a Beer and Wine Garden (“BWG”) at the 2007 Fiesta La Ballona Event (Attachment
1).
BACKGROUND:
On July 25, 2005 the City Council adopted an Ordinance amending the Culver City
Municipal Code (“CCMC”) § 13.03.025 (A) to grant the City Council authority to issue
a permit for a beer and wine garden at the City’s Fiesta La Ballona event (the
“Fiesta”). Attachment 2 is a copy of CCMC § 13.03.025 (A). .
The BWG has been a part of the Fiesta for the last 2 years (2005 & 2006).
According to the Culver City Police Department, there were no reported incidents
directly or indirectly related to the BWG operation during Fiesta 2005 or 2006.
DISCUSSION:
The Culver City Lion’s Club (Lions) was the past permittee for the BWG, however,
this year the Lions have declined the invitation to operate the BWG for 2007 Fiesta
due to profitability considerations. The Fiesta La Ballona Committee (the “Fiesta
Meeting Date: 07/23/07 Item Number: A-1
AGENDA ITEM: Adoption of a Resolution Granting a Permit to the Culver City
Exchange Club and Westside Chamber of Commerce (dba West LA Chamber of
Commerce, dba Greater West LA Chamber of Commerce) to Conduct a Beer and
Wine Garden in Veteran’s Memorial Park During the City’s 2007 Fiesta La Ballona
Celebration.
Contact Person/Dept.: William LaPointe Phone Number: (310) 253-6658
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Parks and Recreation Commission 7/6/07; Culver City
Homeowner's Association 7/6/07; Veteran's Park Homeowner's Association 7/6/07;
American Youth Soccer Organization 7/6/07; Adult Softball Leagues 7/6/07 and Master
Notification List 7/18/07
Department Approval:
William La Pointe (06/19/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (07/17/07)
City Controller Approval:
Marlee Chang (07/18/07)
City Manager Approval:
Jerry B. Fulwood (07/18/07) City of Culver City, California
City Council Agenda Item Report
Committee”) has been seeking other local not-for-profit organizations to operate the
BWG in order to continue to offer a well received amenity at the Fiesta. After review,
the Fiesta Committee is recommending the Culver City Exchange Club (the
“Exchange Club”), in cooperation with the Westside Cities Chamber of Commerce
(dba West LA Chamber of Commerce, dba Greater West LA Chamber of
Commerce) (the “West LA Chamber”), to be the BWG vendor during 2007 Fiesta.
The Exchange Club is a well known local non-profit organization that has run events
such as the Annual 4th of July Fireworks Show, the “Cruisin' Back to Culver City"
Car Show, the Disability Carnival and Search for Talent events. Currently the City
co-sponsors the 4
th
of July Fireworks, the Disability Carnival and the Senior
Christmas Dinner with the Exchange Club. The Exchange Club has participated at
the Fiesta as a vendor for the past several years selling food and would like to add
the BWG as another venue for raising funds for local charities.
The Fiesta Committee would like to offer a BWG for 2007 Fiesta. The Exchange
Club desires to sponsor the BWG for Fiesta 2007 under the same conditions of
approval imposed upon the Lions for Fiesta 2006. Attachment 3 is a copy of
Resolution No. 2006-R-038 permitting the Beer and Wine Garden during the 2006
Fiesta. The considerations for providing a BWG in the past have been 1) liability
and insurance; 2) hours of operation; 3) profitability and 4) other considerations.
Due to concerns about the profitability for the BWG, the Exchange Club has reached
an agreement with the West LA Chamber to co-sponsor the BWG for 2007 in order
to reduce expenses, thereby increasing profits. The co-sponsorship arrangement,
particularly with regard to liability insurance, has been reviewed by the City
Attorney’s Office.
Liability and Insurance Requirement
The insurance requirement for the BWG during 2006 Fiesta was a 1 million dollar
general liability insurance, per occurrence, including alcohol liability. The Exchange
Club has submitted a rider on the West LA Chamber’s insurance to meet the City’s
insurance requirements. The City Attorney’s Office reviewed the insurance policy
and verified that, in addition to coverage for general liability, the policy includes
liquor liability coverage and has added the City of Culver City, the Fiesta Committee
and the Exchange Club as additional insureds. However, it was recently discovered
that the policy covered the event for August 25
th
and 26
th
only. The City Attorney’s
Office requested that the policy be amended to include August 24
th
and has received
a revised Certificate of Insurance, but is awaiting the revised policy document
relating to the liquor liability coverage. It is anticipated that such document should
be received prior to the Council meeting on this item.
City of Culver City, California
City Council Agenda Item Report
The BWG Hours of Operation
The Exchange Club is requesting the hours of operation of the BWG be the same as
those approved for 2006 Fiesta (i.e. Friday, August 24, 2007 6:30 p.m. to 8:00 p.m;
Saturday, August 25, 2007,12:00 p.m. to 9:00pm, and Sunday, August 26, 2007
12:00 p.m to 6:00 p.m.)
Profitability
The Fiesta Committee is working with the Exchange Club to provide an amenity that
the Exchange Club can raise additional charity funds and serve Fiesta La Ballona
patrons. Though the Lions’ BWG 2005 & 2006 statements reflected a net loss, the
Exchange Club has carefully reviewed the profit and loss statements and believes
with some careful management of expenditures the BWG will prove to be profitable.
The biggest expenditure for the BWG is the insurance and the Exchange Club hopes
to reduce that cost through the partnership with the West LA Chamber while still
meeting the necessary insurance protection. At both the Fiesta 2005 & 2006, the
BWG served as a place for adult guests of the Fiesta to relax, enjoy a beverage and
socialize with friends. For the Fiesta Committee, the BWG adds value to the Fiesta
by increasing marketability of the event which ultimately increases the sales for other
Fiesta vendors.
Other conditions
The Exchange Club is willing and able to comply with all of the other conditions
imposed during 2006 Fiesta. The other conditions deal with issues pertaining to
enforcement regarding minors and safety procedures. The Exchange Club will have
its volunteers trained in applicable laws regarding alcohol sales and provide the
necessary supervision required to ensure laws are enforced. The location of the
BWG is a consideration and Attachment 3 provides a copy of the site plan proposed
for the BWG.
On June 5, 2007 the Parks and Recreation Commission (the “Commission”) voted to
recommend to the City Council that the Council adopt a Resolution permitting a Beer
and Wine Garden at the 2007 Fiesta pending City Attorney’s approval of the
conditions of insurance. A copy of the minutes from the June 5, 2007 meeting is
provided in Attachment 4. Along with the recommendation to adopt the resolution,
the Commission reviewed last year’s conditions of approval and voted to
recommend one addition and one change to last year’s conditions. The addition
was to alter one requirement to state, “No individual shall receive complimentary
beer or wine in compliance with all federal, state and local laws regarding the sale of
beer and wine.” The second recommendation was, relative to the Exchange Club, to
“verify the certification of the non-profit status to determine the true nature of the
entity as 501 (c) 3 or 501 (c) 4”. City staff has received verification of the Exchange
Club’s 501 (c) 3 status. A list of all the conditions of approval recommended by the
Commission is included in the proposed Resolution. City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
Adoption of the proposed Resolution would not result in any direct fiscal impact to
the City’s General Fund.
ATTACHMENTS:
1. Proposed Resolution
2. Culver City Municipal Code §13.03.025 (A)
3. Copy of Resolution No. 2006-R038
4. Minutes of the June 5, 2007 Parks and Recreation Commission Meeting
MOTION:
That the City Council:
1. Adopt the Resolution permitting a Beer and Wine Garden at the 2007 Fiesta La
Ballona Event;
-OR-
2. Deny the Exchange Club’s request;
-OR-
3. Provide staff with alternate direction.