City of Culver City, California
City Council Agenda Item Report
Meeting Date: 03/23/09 Item Number: C-9
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 2009 Fiesta La Ballona Celebration.
Contact Person/Dept.: Pam Robinson,
Recreation Manager
Phone Number: (310) 253-6632
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (03/18/09); Fiesta La Ballona
Committee (03/18/09).
Department Approval:
Bill La Pointe (by P. Mooney) (03/12/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/17/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (03/18/09)
City Manager Approval:
Jerry B. Fulwood (03/18/09)
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 2009 Fiesta La Ballona Celebration (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 (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 four (4) years (2005 – 2008).
According to the Culver City Police Department, there were no reported incidents
directly or indirectly related to the BWG operation.
DISCUSSION:
The Culver City Lion’s Club was the permittee for the BWG in 2005 and 2006 and
the Culver City Exchange Club was the permittee for the BWG in 2007 and 2008.
The Fiesta Committee is recommending the Culver City Exchange Club (Exchange
Club), in cooperation with the Greater West LA Chamber of Commerce (dba West
LA Chamber of Commerce) to be the BWG vendor during the 2009 Fiesta.
The Exchange Club is a well know local non-profit organization that has sponsored
and managed events such as the Annual 4
th
of July Fireworks Show, the “Crusin’
Back to Culver City” Car Show, the Disability Carnival and Search for Talent events. City of Culver City, California
City Council Agenda Item Report
In past years, the City has co-sponsored the Car Show, 4
th
of July Fireworks, the
Disability Carnival and the Senior Christmas Dinner with the Exchange Club.
The Fiesta Committee would like to offer a BWG for Fiesta 2009. The Exchange
Club desires to sponsor the BWG for Fiesta 2009 under the same conditions of the
approval imposed by the City for Fiesta 2008. The attached proposed Resolution is
substantively identical to the 2008 Resolution for the B&WG which was adopted by
the City Council on July 14, 2008. The major considerations for providing a BWG in
the past have been 1) liability insurance; 2) hours of operation; and, 3) profitability.
The Exchange Club has once again reached an agreement with the Greater West
LA Chamber to co-sponsor the BWG for 2009. The co-sponsorship arrangement,
particularly with regard to liability insurance, will be reviewed by the City Attorney’s
Office.
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. The Exchange Club must
submit the required evidence of insurance, including a rider on the Greater West LA
Chamber of Commerce’s 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, the Fiesta Committee and the Exchange Club as
additional insureds.
The BWG Hours of Operation
The Exchange Club is requesting the hours of operation of the BWG be the same as
those approved for Fiesta 2008. This year, those hours would be: Friday, August
28, 2009 – 6:30 p.m. to 8:00 p.m., Saturday, August 29, 2009 – 12:00 p.m. to 9:00
p.m., and Sunday, August 30, 2009 – 12:00 p.m. to 6:00 p.m.
Other Conditions
The Exchange Club is willing and able to comply with all of the other conditions
imposed during Fiesta 2008. 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 2008.
FISCAL ANALYSIS:
Adoption of the proposed Resolution would not result in any direct fiscal impact to
the City’s General Fund. City of Culver City, California
City Council 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
2009 Fiesta La Ballona Celebration.
MEETING DATE: March 23, 2009
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 2009 Fiesta
La Ballona Celebration.
ATTACHMENTS
Pages
1. Proposed Resolution
1 -6
2. Culver City Municipal Code Section 13.03.025(A)
7ATTACHMENT 'I
RESOLUTION NO. 2009-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 2009 FIESTA LA
BALLONA EVENT.
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 the 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
2009 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, "Permitteee) to conduct a beer and wine garden (the "Event") in
Veterans' Memorial Park on August 28, 29 and 30, 2009 as part of the City's Fiesta La
Ballona activities, under all of the following conditions:
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 28, 2009 from the
hours of 6:30 p.m. to 8:00 p.m., Saturday, August 29, 2009 from the hours of•
12:00 p.m. to 9:00 p.m., and Sunday, August 30, 2009 from the hours of 12:00
p.m. to 6:00 p.m.|101010101010101010 10
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1c. 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. The required evidence of insurance shall be submitted to
the City at least two weeks prior to the Event.
e. Permittees 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. Permittees shall comply with any and all federal, state
and local laws regarding the sale of beer and wine. Permittees 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 set forth in the attached map (Exhibit "A"). The perimeters of
the Event shall be bound by fencing (the "Event Area").|1010|I|10101010101010 10
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IIg.
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. Permiftees 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."
J.
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.
I. 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.
o. No minors shall be permitted entrance to the Event Area A sign
shall be posted at the entrance stating "No Minors."
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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
3evidencing 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.
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,|1010|I|1010101010101010 10
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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. Perrnittees 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 30 calendar days after completion of the Event, Permittees
shall provide the City with a full financial disclosure of the operation of the
Event.
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bb. Within ten days after the adoption of this Resolution, Permittees
shall pay to the City's Fiesta La Ballona Committee ("Committee") the Event
space fee of Three Hundred Dollars ($300.00).
cc. Permiftees 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.
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5OL A. SCHWA
ity Attorney
MARTIN R. COLE,
City Clerk
2. This Resolution shall take effect on the date of its adoption.
APPROVED and ADOPTED this
D. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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day of 2009.
618
MIMIC tillektir 2sw
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 (...t.R.TAIN 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, rylene, ni-ealor ethylene, acetone or other
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 •
PARRS.
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
closely related or similar compounds used as solvents person possessing the same is consuming its contents
for products referred to as "glue," "adhesive cement," For purposes of this Section, the interior of the
"mucilage, "_ or._"clope," -with the intent of becoming Vetexane-Memorial Building- or the Ivy Substation
intoxicated, elated, dazed, paralyzed, irrational or in shall not be considered to be within a public
,rting,--clisturhing--the_playground_nr_parLand-the consumption Of alcohol 11. 11 1
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
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 m 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