City of Culver City, California
Agenda Item Report
Meeting Date: 07/25/11 Item Number: _A-1
CITY COUNCIL AGENDA ITEM: (1) Consideration of the Culver City Exchange
Club’s Request to Extend the Operating Hours of the Beer and Wine Garden by One
Hour on Friday and Saturday; and, (2) Adoption of a Resolution Granting a Permit to
the Exchange Club to Conduct a Beer and Wine Garden in Veterans’ Memorial Park
During the 2011 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: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Email) Meetings and Agendas – City Council (07/20/11); Fiesta La
Ballona Committee (07/20/11); Culver City Exchange Club (07/20/11).
Department Approval:
Dan Hernandez (07/12/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/18/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/19/11)
City Manager Approval:
John M. Nachbar (07/20/11)
RECOMMENDATION:
Staff recommends the City Council: (1) consider the Culver City Exchange Club’s
request to extend the operating hours of the Beer and Wine Garden by one hour on
Friday and Saturday; and, (2) adopt a Resolution granting a permit to the Culver City
Exchange Club (Exchange Club) to conduct a Beer and Wine Garden (BWG) in
Veterans’ Memorial Park during the 2011 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 (Fiesta). The BWG has been a part of the Fiesta for the past six (6) years
(2005 – 2010). 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 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 2011 Fiesta La Ballona will be held on Friday, August 26; Saturday, August 27;
and, Sunday, August 28. The Fiesta Committee would like to offer a BWG for Fiesta
2011 and is once again recommending the Exchange Club as the BWG vendor.
The Exchange Club desires to sponsor the BWG for Fiesta 2011 under similar
conditions of approval imposed by the City for Fiesta 2010, with the only exception
being a (1) one hour extension of the operating hours on Friday and Saturday (see
“The BWG Hours of Operation” below). A representative of the Exchange Club has
reported that last year a number of patrons who arrived at or near closing times on
Friday and Saturday were turned away. The Exchange Club anticipates that if the
extension of operating hours is approved, the profitability of the BWG will increase
by approximately $400. A BWG Income and Expense Statement containing
projections for 2011 is provided as Attachment 2.
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 table below compares last year’s BWG hours of operation with the Exchange
Club’s proposed extension of operating hours for 2011:
Friday Saturday Sunday
2010 6:30 p.m. – 8:30 p.m. 12:00 p.m. – 9:00 p.m. 12:00 p.m. – 7:00 p.m.
2011 6:30 p.m. – 9:30 p.m. 12:00 p.m. – 10:00 p.m. 12:00 p.m. – 7:00 p.m.
No change is proposed by the Exchange Club for the BWG hours of operation on
Sunday. All end times may be earlier, depending upon level of participation. The
Exchange Club feels that based on last year’s participation, sales can be increased
if the hours are extended as requested.
The attached Resolution for the Exchange Club sponsored BWG does not reflect the
proposed adjustment to BWG operating hours; it is substantively the same as the
one approved by the City Council for the 2010 Fiesta. If the City Council approves City of Culver City, California
Agenda Item Report
the Exchange Club’s proposed extension of operating hours on Friday and Saturday,
the City Attorney’s Office will revise the Resolution accordingly and modify or delete
condition 1-n, which states: Event Staff shall stop serving alcohol one (1) hour prior
to the closing of the Event.
The Fiesta closes at 10:00 p.m. on Friday and Saturday and at 9:00 p.m. on Sunday.
If the Exchange Club’s proposed hours are approved by the City Council, the BWG
will operate until one-half hour before closing on Friday and up until closing on
Saturday. Staff contacted the Culver City Police Department regarding the
requested extension of BWG operating hours and the Officer who supervises events
recommended that the practice of ceasing the sale of alcohol one hour prior to the
closing of the Event remain in place.
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 that of Fiesta 2009 and 2010.
FISCAL ANALYSIS:
The adoption of the proposed Resolution will not result in any direct fiscal impact to
the City’s General Fund or any other Funds.
ATTACHMENTS:
1. Proposed Resolution (based on 2010 Resolution)
2. BWG Income & Expense Statement (with 2011 projections)
MOTION:
That the City Council:
1. 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 2011
Fiesta La Ballona that extends the operating hours of the Beer and Wine Garden
by one hour on Friday and Saturday;
OR
City of Culver City, California
Agenda Item Report
2. 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 2011
Fiesta La Ballona under the same conditions as in 2010 (as attached).
MEETING DATE: July 25, 2011
AGENDA ITEM: (1) Consideration of the Culver City Exchange Club’s
Request to Extend the Operating Hours of the Beer and
Wine Garden by One Hour on Friday and Saturday; and, (2)
Adoption of a Resolution Granting a Permit to the
Exchange Club to Conduct a Beer and Wine Garden in
Veterans’ Memorial Park During the 2011 Fiesta La Ballona.
ATTACHMENTS
Pages
1. Proposed Resolution 1 - 8
2. BWG Income & Expense Statement (with 2011
projections)
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RESOLUTION NO. 2011-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 2011 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 to conduct a beer
and wine garden at the 2011 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 (“Permittee”)
to conduct a beer and wine garden (the “Event”) in Veterans’ Memorial Park on August 26,
27 and 28, 2011 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 26, 2011 from the
hours of 6:30 p.m. to 8:30 p.m. (or earlier, depending upon level of
participation), Saturday, August 27, 2011 from the hours of 12:00 p.m. to 9:00
p.m., and Sunday, August 28, 2011 from the hours of 12:00 p.m. to 7:00 p.m.
(or earlier, depending upon level of participation).
c. By and on behalf of Permittee in consideration of the request for
and the granting of this Permit, Permittee shall and does hereby indemnify, hold
ATTACHMENT 1Culver City Exchange Club
Fiesta Beer Wine Garden
at Fiesta La Ballona
Prepared by Exchange Club
2008 2009 2010 Projected 2011
Beer & Wine Sales $7,655 $7,244 $7,600 $8,000
Costs:
Fiesta booth fee paid 500.00 500.00 600.00 600.00
Fiesta fee Kiwanis (net adjustment) 150.00 donated donated donated
- - -
Wine 875.00 875.00
Beer 1,357.09 donated donated donated
Insurance 1,836.81 890.00 890.00 890.00
Supplies 500.00 550.00 575.00 600.00
-
landscaping 574.50 350.00 350.00 350.00
- - -
- - -
Table & fence rental 1,200.00 1,500.00 1,500.00 1,500.00
- - -
Newsprint advertising 85.00 200.00 200.00 200.00
- - -
Total Costs 6,203.40 $ $3,990.00 4,115.00 4,140.00
Beer & Wine Garden Profit (Loss) $1,452 $3,254 $3,485 $3,860
ATTACHMENT 2|10 13|