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HomeMy WebLinkAbout08493ORDINANCE NO. 8493 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE X OF THE PUEBLO MUNICIPAL CODE RELATING TO UNLAWFUL POSSESSION AND CONSUMPTION OF ALCOHOL IN CITY PARKS, EXCEPTIONS THERETO, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Subsection 10-1-13 (g) of Chapter 1, Title X of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 10-1-13. Unlawful acts. … (g) It is unlawful for any person: (1) To take into or upon any park any fermented malt beverage or malt, vinous or spirituous liquor; (2) To have in his or her possession any fermented malt beverage or malt, vinous or spirituous liquor in any park. It shall not be a violation of this Subsection (g) for any person to take into or [ upon or to possess or consume fermented malt beverages in Beulah Mountain Park, or in a park building or enclosed structure, but not upon park grounds, when authorized by a concession agreement approved by the City Council, or when authorized by permit issued by the Director and City Manager in ]fermented conjunction with the use of such park building or enclosed structure. malt beverages or malt, vinous or spirituous liquor when such possession and consumption is authorized by a concession agreement approved by the City Council, or authorized by permit issued by the Director and City Manager for possession and consumption in Pueblo Mountain Park, a park building, tent, or other park area enclosed by fencing, fabric, or other means designed to segregate the area from the remainder of the park. SECTION 2. Subsection 10-1-13 (d) (3) of Chapter 1, Title X of the Pueblo Municipal Code, as amended, is hereby repealed in its entirety. Sec. 10-1-13. Unlawful acts. … (d) It shall be unlawful for any person to do any act offensive to public morals or decency upon park property. Such unlawful activities shall include, but shall not be limited to, the following: … [ (3) Taking into or upon any park any malt beverage or malt, vinous or spirituous liquor for sale or consumption except where permitted by concession agreement; provided that the consumption of malt beverage in ] Beulah Mountain Park shall not be deemed unlawful. SECTION 3. Violations of this ordinance shall be punished as provided in section 1-2-1 of Chapter 2, Title I of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 11, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: June 25, 2012 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-3 June 11, 2012 DEPARTMENT: Department of Parks and Recreation Creighton Wright, Director TITLE: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE X OF THE PUEBLO MUNICIPAL CODE RELATING TO UNLAWFUL POSSESSION AND CONSUMPTION OF ALCOHOL IN CITY PARKS, EXCEPTIONS THERETO, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. ISSUE: Should Council approve an Ordinance amending Chapter 1 of Title X of the Pueblo Municipal Code relating to unlawful possession and consumption of alcohol in City parks, exceptions thereto, and providing penalties for the violation thereof? RECOMMENDATION: Approval of the Ordinance. BACKGROUND: Currently, alcohol is served for certain special events in City parks. Further, the ability to sell alcohol at Pueblo Motorsports Park (PMP) is critical for the long-term financial success of the facility. Several special events that occur in City parks have sold alcohol including: Santos th Memorial Day Fast pitch Softball Tournament; Juneteenth; Bessemer 125 Anniversary Celebration; Juan Madrid Softball Tournament; and the St. Anne’s Softball Tournament. Service of alcohol in parks and recreation facilities is not uncommon and regularly occur in: Sports Complexes; Special Event Venues; Recreation/Community Centers; Golf Courses; and others. Current language allowing alcohol service in City parks states: “It shall not be a violation of this Subsection (g) for any person to take into or upon or to possess or consume fermented malt beverages in Beulah Mountain Park, or in a park building or enclosed structure , but not upon park grounds, when authorized by a concession agreement approved by the City Council, or when authorized by permit issued by the enclosed Director and City Manager in conjunction with the use of such park building or structure .” While the sale of alcohol complies with all Liquor Board provisions, a liberal interpretation of the Title X has allowed this historically. This Ordinance change is being requested to clarify the expectations, and formally allow past practices to continue. Another significant reason for this change is to formally allow alcohol sales at Pueblo Motorsports Park, as it is classified as a park. The proposed language allowing alcohol service in parks will state as follows: “It shall not be a violation of this Subsection (g) for any person to take into or upon or to possess or consume fermented malt beverages or malt, vinous or spirituous liquor when such possession and consumption is authorized by a concession agreement approved by the City Council, or authorized by permit issued by the Director and City Manager for tent, or other possession and consumption in Pueblo Mountain Park, a park building, park area enclosed by fencing, fabric, or other means designed to segregate the area from the remainder of the park.” FINANCIAL IMPACT: The financial impact is minimal at best, as staff is not recommending changing any regulations or implementing fees. There are no fees charged for the allowance of alcohol in parks. In the future, the Parks and Recreation Department does plan to add a fee and specific requirements for the provision of alcohol in parks. When formally contemplated, the matter of instituting a fee will be brought back before City Council.