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Home My WebLink About09490ORDINANCE NO. 9490 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE PUEBLO ICE ARENA RENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO BULLS HOCKEY CLUB, INC., FOR THE USE OF THE PUEBLO ICE ARENA PREMISES, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WHEREAS, City approved a facility rental agreement with the Pueblo Bulls Hockey Club, Inc. dated November 12, 2018, with respect for the use of the Pueblo Ice Arena as home ice for the club’s inaugural season in the Western States Hockey League beginning the Fall of 2019; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: Amendment No. 1 to the Pueblo Ice Arena Rental Agreement dated May 14, 2019, by and between the City of Pueblo, a Municipal Corporation, and the Pueblo Bulls Hockey Club, Inc., a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: The Mayor is hereby authorized to execute and deliver said Amendment No. 1 to the Pueblo Ice Arena Rental Agreement on behalf of the City, and the Acting City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 3: The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Amendment No. 1 to the Pueblo Ice Arena Rental Agreement to effectuate the transactions described herein. SECTION 4: This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 10, 2019 . Final adoption of Ordinance by City Council on June 24, 2019 . President of City Council Action by the Mayor: ☒ Approved on June 26, 2019 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 10, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Parks and Recreation SUBJECT: AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE PUEBLO ICE ARENA RENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO BULLS HOCKEY CLUB, INC., FOR THE USE OF THE PUEBLO ICE ARENA PREMISES, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME SUMMARY: This Ordinance will approve an amendment to the ice arena facility rental agreement to allow the Pueblo Bulls Hockey Club, Inc. (PBHC) to sell fermented malt beverages during PBHC hockey games beginning the Fall of 2019. PREVIOUS COUNCIL ACTION: On November 12, 2018, City Council approved Resolution 14082, approving a facility agreement between the City of Pueblo and PBHC for the use of the Pueblo Ice Arena as PBHC’s home ice for their inaugural season in the Western States Hockey League beginning the Fall of 2019. BACKGROUND: The approved facility agreement through specified that the PBHC may propose the selling of alcoholic beverages beginning the 2020 – 2021 season. During a City Council meeting earlier this year, a recommendation was made by City Council members to PBHC staff that they should consider the selling of alcohol this upcoming season in order to assist in achieving the organizations cost-recovery goals. FINANCIAL IMPLICATIONS: PBHC will assume all financial obligations associated with the selling of alcohol on the Ice Arena premises. This includes obtaining all necessary permits, licenses, additional insurance, equipment, tables, cups, and trash receptacles. PBHC will be responsible for providing trained staff to serve the alcohol as well as providing the required security. City staff will not be required to aid in the procurement or sale of alcohol during any PBHC events. All revenue from the sale of alcohol shall be the sole property of PBHC, subject to all regular taxes and fees. City will continue to provide and benefit from all food concessions during this period. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: Council could choose not to approve the facility rental agreement amendment and not allow the PBHC to sell alcoholic beverages beginning the first season home hockey games. RECOMMENDATION: Approval of the Ordinance. Attachments: Amendment No. 1 to Pueblo Ice Arena Rental Agreement AMENDMENT NO. 1 TO PUEBLO ICE ARENA RENTAL AGREEMENT THIS AMENDMENT NO. 1 TO PUEBLO ICE ARENA RENTAL AGREEMENT ("Amendment") is entered into as of NA/ IV 2019 by and between the City of Pueblo, a Municipal Corporation, ("Landlord")and the Pueblo Bulls Hockey Club, Inc. ("Tenant"). WHEREAS, Landlord and Tenant entered into the Pueblo Ice Arena Rental Agreement dated November 12,2018 ("Rental Agreement"); and WHEREAS, Tenant desires, and Landlord is willing, to amend the Rental Agreement to allow Tenant to sell alcoholic beverages upon Tenant obtaining the required permits. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, Landlord and Tenant agree as follows: I. Paragraph 11 of the Rental Agreement is deleted in its entirety and replaced with the following: 11. Tenant may use the Leased Premises for the selling of fermented malt beverages, also known as beer, if it obtains all necessary permits and permissions, including the appropriate license from the City of Pueblo Liquor and Beer Licensing Board. Should Tenant decide to sell alcohol: (a) The Tenant may only sell fermented malt beverages and no other type of liquor. (b) Alcohol shall NOT be served during youth programs or events. Tenant shall only serve alcohol prior to and during the first two periods of any game. Upon the beginning of a game's third period, Tenant shall stop the serving of all alcohol, except that guests already in line for a beverage at that time may still be served. (c) Tenant shall not provide any other concessions, including food or non-alcoholic beverages, unless otherwise agreed between the parties. (d) Alcohol shall not be stored on the Leased Premises. Tenant must have any alcoholic beverages delivered the day of Tenant's event and removed immediately after the event concludes, coordinating delivery and removal with Landlord's staff. (e) Tenant must maintain the Leased Premises in accordance with liquor rules and regulations promulgated by the State of Colorado and the City of Pueblo. Tenant shall provide adequate security at all times for which alcoholic beverages are to be sold and ensure all employees involved in the selling of alcohol are highly trained in the applicable rules and regulations. (I) Tenant shall procure additional insurance in accordance with best practices of liquor licensed establishments, sufficient to cover the liabilities incurred from the selling of alcohol. (g) All costs associated with and incidental to the selling of alcohol, including equipment, tables, cups, additional trash cans, and other supplies, will be assumed by Tenant. Tenant shall provide its own trained staff to serve alcoholic beverages. Landlord's staff shall not serve alcoholic beverages nor be requested to do so. Landlord's staff shall not in any way be required to aid Tenant in the procurement or sale of alcohol. (h) Tenant will be responsible for and meet Landlord's standards when cleaning up serving areas, grand stands, and all other areas where alcohol is to be allowed. (i) Tenant's sale of alcoholic beverages must be kept separate from the sale of other food and non-alcoholic concessions at all times. All revenue from Tenant's sale of alcohol shall be the sole property of Tenant, subject to all regular taxes and fees. (j) All other concessions shall be provided by Landlord at its discretion and all revenue from said concessions shall be the sole property of Landlord. This Agreement is subject to and shall not affect in any way, any concession in or upon the Arena or Leased Premises previously or hereafter granted by the Landlord to another party. II. Except as expressly modified by this Amendment, the Rental Agreement shall remain in full force and effect. Any obligations remaining to be performed under the original Rental Agreement by either party are not waived or excused in any manner but shall be fully performed in accordance with the terms and conditions thereof. Unless otherwise stated, all terms shall be as defined in the Rental Agreement. Executed in Pueblo, Colorado and effective as of the day and year first above written. CITY OF PUEBLO, [SEAL] A MUNICIPAL CORPORATION ATTESGILA l . vvvt_,, B Y: 7fd,�,d _ City Clerk Nicholas A. Gradisar, Mayor APPROVED AS TO FORM: • . 4(/).`'4°4 . .� V,a c+-- " Daniel C. Kogovsek, City Atyrney PUEBLO BULLS HOCKEY CLUB, INC. [SEAL] ATTEST: f ii �l Id 1,1) &C%`i L.(-/J i BY: 7)