City of Culver City, California
Agenda Item Report
Meeting Date: 07/12/10 Item Number: _C-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Granting a Permit to the
Culver City Exchange Club to Conduct a Beer and Wine Garden in Veterans’
Memorial Park During the City’s 2010 Fiesta La Ballona Celebration.
Contact Person/Dept.: Pam Robinson,
Acting 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 (07/07/10); Fiesta La
Ballona Committee (07/07/10); Culver City Exchange Club (07/07/10).
Department Approval:
Pam Robinson (06/30/10) (by P. Mooney)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/21/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/21/10)
City Manager Approval:
P. Lamont Ewell (07/22/10)
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution granting a permit to the
Culver City Exchange Club to conduct a Beer and Wine Garden (BWG) in Veterans’
Memorial Park during the City’s 2010 Fiesta La Ballona Celebration (Attachment 1).
BACKGROUND:
Culver City Municipal Code (CCMG) 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
(Fiesta). A copy of CCMC Section 3.03.025(A) is provided as Attachment 2.
The BWG has been a part of the Fiesta for the last five (5) years (2005 – 2009).
According to the Culver City Police Department, 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 Culver City
Exchange Club has been the permittee for the BWG since 2007.
The Exchange Club is a well know local non-profit organization that has sponsored
and managed many events, including the Annual Fourth of July Fireworks Show, the
“Crusin’ Back to Culver City” Car Show, the Disability Carnival and Search for Talent
events. The City co-sponsors the Car Show, Fourth of July Fireworks and the
Disability Carnival with the Exchange Club.
City of Culver City, California
Agenda Item Report
DISCUSSION:
The Fiesta Committee would like to offer a BWG for Fiesta 2010. The Fiesta
Committee is once again recommending the Culver City Exchange Club (Exchange
Club) as the BWG vendor. The Exchange Club desires to sponsor the BWG for
Fiesta 2010 under similar conditions of the approval imposed by the City for Fiesta
2009. The attached proposed Resolution is substantively the same as previous
Resolutions for Exchange Club sponsored Beer and Wine Gardens, with the
exception of an adjustment to the Event space fee, which is now a flat fee of $600,
as well as an adjustment to the insurance and indemnification provisions to make
them consistent with the City’s standard contractual insurance requirements. The
major considerations for providing a BWG in the past have been 1) liability
insurance; 2) hours of operation; and, 3) profitability.
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
The Exchange Club is requesting that the hours of operation of the BWG be similar
to those approved for Fiesta 2009. This year, those hours would be: Friday, August
27, 2010 – 6:30 p.m. to 8:30 p.m. (or earlier, depending upon level of participation),
Saturday, August 28, 2010 – 12:00 p.m. to 9:00 p.m., and Sunday, August 29, 2010
– 12:00 p.m. to 7:00 p.m. (or earlier, depending upon level of participation).
Other Conditions
The Exchange Club is willing and able to comply with all of the other conditions
imposed during previous Fiestas. 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 liquor sales and provide the
necessary supervision required to ensure laws are enforced. The location and size
of the BWG is proposed to be unchanged from Fiesta 2009.
FISCAL ANALYSIS:
The adoption of the proposed Resolution will not result in any direct fiscal impact to
the City’s General Fund or other Funds.
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Resolution
2. Culver City Municipal Code 13.03.025(A)
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 City’s
2010 Fiesta La Ballona Celebration.
MEETING DATE: July 26, 2010
AGENDA ITEM: Adoption of a Resolution Granting a Permit to the Culver
City Exchange Club to Conduct a Beer and Wine Garden
in Veterans’ Memorial Park During the City’s 2010 Fiesta
La Ballona Celebration.
ATTACHMENTS
Pages
1. Proposed Resolution 1 - 8
2. Culver City Municipal Code Section 13.03.025(A) 9
ATTACHMENT 12010 FIESTA LA BALLONA
LOCATION OF THE BEER AND WINE GARDEN
WITHIN
VETERANS’ MEMORIAL PARK
|1010|EXHIBIT ACulver City Municipal Code
CHAPTER 13.03: OFFENSES AGAINST PUBLIC PEACE AND SAFETY
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§ 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 immediately preceding the violation, and then it
shall be punishable as a misdemeanor pursuant to § 1.01.040 of this Code. For the
purposes of this division, each prior violation which is either admitted by the defendant
or alleged in an accusatory pleading, or where defendant forfeited bail, shall be deemed
a conviction. For this purpose, a bail forfeiture shall be deemed to be a conviction of the
offense charged.
('65 Code, § 23-43) (Ord. CS-635 § 1; Ord. No. 87-019 § 1; Ord. No. 94-032 § 2; Ord.
No. 2005-004 § 1)
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ATTACHMENT 2|10 13|