City of Culver City, California
City Council Agenda Item Report
Meeting Date: 07/14/08 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 2008 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 [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (07/09/08); Fiesta La Ballona
Committee (07/09/08).
Department Approval:
Bill La Pointe, (07/03/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/09/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/08/08)
City Manager Approval:
Jerry B. Fulwood (07/09/08)
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution granting a permit to the
Culver City Exchange Club to conduct a Beer and Wine Garden (B&WG) in
Veterans Memorial Park during the City’s 2008 Fiesta La Ballona Celebration
BACKGROUND:
On July 25, 2005 the City Council adopted an Ordinance amending the Culver City
Municipal Code which granted 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 B&WG has been a part of the Fiesta for the last three (3) years (2005 – 2007).
According to the Culver City Police Department, there were no reported incidents
directly or indirectly related to the B&WG operation during the last three (3) years of
the Fiesta.
DISCUSSION:
The Culver City Lion’s Club was the permittee for the B&WG in 2005 and 2006 and
the Culver City Exchange Club was the permittee for the B&WG in 2007. 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), as the B&WG vendor during the 2008 Fiesta. City of Culver City, California
City Council Agenda Item Report
The Exchange Club is a well known 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.
Currently the City works cooperatively with the Exchange Club on the 4
th
of July
Fireworks, the Disability Carnival and the Senior Christmas Dinner.
The Fiesta Committee would like to offer a B&WG for Fiesta 2008. The Exchange
Club desires to sponsor the B&WG for Fiesta 2008 under similar conditions of
approval imposed by the City for Fiesta 2007. Attachment 3 provides a copy of the
Resolution that was adopted by the City Council to permit the Beer and Wine
Garden during Fiesta 2007. 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 of Commerce to co-sponsor the B&WG for 2008. 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 B&WG is one million dollars ($1,000,000) general
liability insurance, per occurrence, including liquor liability. The Exchange Club is
required to 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 B&WG Hours of Operation
The Exchange Club is requesting the hours of operation of the B&WG be the same
as those approved for Fiesta 2007. This year, those hours would be: Friday, August
22, 2008 – 6:30pm to 8:00 pm; Saturday, August 23, 2008 – 12:00 pm to 9:00 pm,
and Sunday, August 24, 2008 – 12:00 pm to 6:00 pm.
Other Conditions
The Exchange Club is willing and able to comply with all of the other conditions
imposed during Fiesta 2007. 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 and size
of the B&WG is proposed to be unchanged from Fiesta 2007.
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.
ATTACHMENTS:
1. Proposed Resolution
2. Culver City Municipal Code 13.03.025(A)
3. Copy of Resolution Permitting Beer and Wine Garden in 2007
MOTION:
That the City Council:
1. Adopt the 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
2008 Fiesta La Ballona Celebration.
MEETING DATE: 07/14/08
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 2008 Fiesta
La Ballona Celebration.
ATTACHMENTS
Pages
1. Proposed Resolution 1-6
2. Culver City Municipal Code 13.03.025(A) 7
3. Copy of Resolution Permitting Beer and Wine Garden in 2007 8-12RESOLUTION NO 2008-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 2008 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, 2006 and 2007
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, to conduct a
beer and wine garden at the 2008 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 24,
26 *Os, 2008 as part of the City's Fiesta La Ballona activities, under all of the following
conditions:
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28|1010|1a. Perrnittee, 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, 2008 from the
hours of 6:30 p.m. to 8:00 p.m., Saturday, August 25, 2008 from the hours of
12:09 p.m. to 9:00 p.m., and Sunday, August 26, 2008 from the hours of 12:00
p.m. to 6:00 p.m.
c. Permittee 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
Permittee's, its volunteers' or agents', acts, errors or omissions during the
Event.
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 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|1010101010101010101010 10
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28any 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").
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.
I. 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.|1010101010101010101010 10
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28n. 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."
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|1010101010101010101010 10
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28v. 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. 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. 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.
aa. Within 30 calendar days after completion of the Event, Permittee
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 Ballona Committee ("Committee") the Event
space fee of Three Hundred Dollars ($300.00).
cc. Permittee shall be responsible for coordinating, purchasing and
acquiring all supplies and equipment necessary to support the Event including,|1010101010101010101010 10
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28but 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
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D. SCOTT MALSIN, MAYOR
11
City of Culver City, California
12 ATTEST: APPROVED AS TO FORM:
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MARTIN R. COLE,
City Clerk
CAROL A. SCHWAB,
City Attorney
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28|10101010101010101010 10|day of 2008.
618
MgrofscWlear 2.
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)
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
playgronnd or_park,ancLthe consumption_of.akohol
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
§ 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 manurr_ changing, distorting, rligurhing _the.
eyesight, thinking process, balanced or coordination or
affecting the central nervous system of such person.
('65 Code, § 23-29)
13. 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.
( p 65 Code, § 23-30) (Ord. No. CS-459)
§ 13.03.020 MUSICAL ENTERTAINMENT AND
DANCING - AFTER HOURS.
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;41-1pci4mew 3
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:
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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
Permiftees must comply with any and all federal, state and local laws regarding
the sale of beer and wine.
2f. 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").
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. 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."
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. Perriittees' 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.|10101010101010101010 10
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28q.
Event Staff shall issue colored wrist bands (that cannot be
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.
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.|10101010101010101010 10
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28w. 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|101010101010101010 10
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