City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council adopt the Ordinance amending Section 13.03.025 (A) of the
Culver City Municipal Code to grant the City Council authority to permit a Beer and
Wine Garden to be conducted in Veterans’ Memorial Park during the City’s Fiesta La
Ballona Event.
BACKGROUND:
At the City Council meeting of July 11, 2005 the Council introduced the Ordinance
amending Municipal Code Section 13.03.025 (A) by a vote of 3 to 2
(Mayor Vera and Councilmember Gross dissenting).
The Ordinance is brought back for adoption.
ATTACHMENTS:
Proposed Ordinance No. 05-_______.
MOTION:
That the City Council:
Adopt the Ordinance and waive further reading.
Meeting Date: 7/25/05 Item Number: A-1
AGENDA ITEM: Consideration of Adoption of an Ordinance Amending Section
13.03.025 (A) of the Culver City Municipal Code to Grant the City Council
Authority to Permit a Beer and Wine Garden to be Conducted in Veterans’
Memorial Park During the City’s Fiesta La Ballona Event.
Contact Person/Dept.: Heather Iker Phone Number: (310) 253-5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Parks and Recreation Commission (7/14/05), Culver City
Homeowner’s Association (7/14/05) and Master Notification List (7/20/05)
Department Approval:
Carol Schwab 7/14/05
CAO Approval:
Jerry Fulwood 7/20/05
City Controller Approval:
Marlee Chang 7/19/05
7/25/05
Consideration of Adoption of an Ordinance Amending Section
13 03 025 (A) of the Culver City Municipal Code to Grant the City
Council Authonty to Permit a Beer and Wine Garden to be
Conducted in Veterans' Memonal Park Dunng the City's Fiesta La
Ballona Event
MEETING DATE
AGENDA ITEM
ATTACHMENTS
Pages|109| Proposed Ordmance 1-3A-ITPC (--1cM01-1 1
ORDINANCE NO 2005-
AN ORDINANCE OF THE CITY OF CULVER CITY
CALIFORNIA, AMENDING SECTION 13 03 025 (A) OF THE
CULVER CITY MUNICIPAL CODE TO GRANT THE CITY
COUNCIL AUTHORITY TO PERMIT A BEER AND WINE
GARDEN TO BE CONDUCTED IN VETERANS MEMORIAL
PARK DURING THE CITY'S 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, the Fiesta La Ballona
Committee has researched revenue generating components of successful festivals in other
cities, and has identified several cities that have successfully conducted beer and wine
gardens at their festivals with no measurable problems, and
WHEREAS, Culver City Municipal Code § 13 03 025 (A) prohibits the
consumption of alcohol within any public park but provides for exceptions for the interior of
Veterans' Memorial Building and the Ivy Substation, and
WHEREAS, the City Council has determined that the addition of a beer and
wine garden as part of the Fiesta activities may enhance the event and increase
participation
NOW, THEREFORE the City Council of the City of Culver City California
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1DOES HEREBY ORDAIN as follows
SECTION 1 Section 13 03 025 (A) of the Culver City Municipal Code is
hereby amended to read as follows
§ 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
SECTION 2 Pursuant to Section 512 of the City Charter this
Ordinance shall take effect thirty (30) days after the date of its adoption Pursuant to
Sections 514 and 517 of the City Charter prior to the expiration of fifteen (15) days after
the adoption the City Clerk shall cause this Ordinance, or a summary thereof, to be|10101010101010101010 10
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APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk CA L A SCHWAB, City Attorney|1010|published in the Culver City News and shall post this Ordinance or a summary thereof in at
least three places within the City
SECTION 3 The City Council hereby declares that if any provision, section,
subsection paragraph sentence phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this day of July, 2005
ALBERT M VERA, Mayor
City of Culver City, California
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287/25/05
Consideration of Adoption of an Ordinance Amending Section
13 03 025 (A) of the Culver City Municipal Code to Grant the City
Council Authonty to Permit a Beer and Wine Garden to be
Conducted in Veterans' Memonal Park Dunng the City's Fiesta La
Ballona Event
MEETING DATE
AGENDA ITEM
ATTACHMENTS
Pages|109| Proposed Ordmance 1-3A-ITPC (--1cM01-1 1
ORDINANCE NO 2005-
AN ORDINANCE OF THE CITY OF CULVER CITY
CALIFORNIA, AMENDING SECTION 13 03 025 (A) OF THE
CULVER CITY MUNICIPAL CODE TO GRANT THE CITY
COUNCIL AUTHORITY TO PERMIT A BEER AND WINE
GARDEN TO BE CONDUCTED IN VETERANS MEMORIAL
PARK DURING THE CITY'S 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, the Fiesta La Ballona
Committee has researched revenue generating components of successful festivals in other
cities, and has identified several cities that have successfully conducted beer and wine
gardens at their festivals with no measurable problems, and
WHEREAS, Culver City Municipal Code § 13 03 025 (A) prohibits the
consumption of alcohol within any public park but provides for exceptions for the interior of
Veterans' Memorial Building and the Ivy Substation, and
WHEREAS, the City Council has determined that the addition of a beer and
wine garden as part of the Fiesta activities may enhance the event and increase
participation
NOW, THEREFORE the City Council of the City of Culver City California
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1DOES HEREBY ORDAIN as follows
SECTION 1 Section 13 03 025 (A) of the Culver City Municipal Code is
hereby amended to read as follows
§ 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
SECTION 2 Pursuant to Section 512 of the City Charter this
Ordinance shall take effect thirty (30) days after the date of its adoption Pursuant to
Sections 514 and 517 of the City Charter prior to the expiration of fifteen (15) days after
the adoption the City Clerk shall cause this Ordinance, or a summary thereof, to be|10101010101010101010 10
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28ATTEST
APPROVED AS TO FORM
CHRISTOPHER ARMENTA, City Clerk CA L A SCHWAB, City Attorney|1010|published in the Culver City News and shall post this Ordinance or a summary thereof in at
least three places within the City
SECTION 3 The City Council hereby declares that if any provision, section,
subsection paragraph sentence phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by
reason of any preemptive legislation, then the City Council would have independently
adopted the remaining provisions sections, subsections, paragraphs, sentences, phrases
or words of this ordinance and as such they shall remain in full force and effect
APPROVED AND ADOPTED this day of July, 2005
ALBERT M VERA, Mayor
City of Culver City, California
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