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HomeMy WebLinkAboutA001 - Council Action Form dated June 9, 1987 ITEM • DATE June 9, 1987 COUNCIL ACTION FORM SUBJECT: Ordinance to regulate events at which more than one beer keg is tapped concurrently. BACKGROUND: This City of Ames experiences a number of large parties each year where problems occur, such as violations of the beer/liquor laws, vandalism, disorderly conduct, excessive noise, etc. Frequently these violations, which are extremely disruptive and irritating to other residents, are a result of lack of planning before the party. The attached ordinance, which has been studied and approved by the University/Student/City committee, will mandate that if more than one keg of beer is to be tapped at a time, then a permit would need to be obtained from the Chief of Police. In order to obtain that permit, the applicant would have to ensure that the criteria has been met. The intent of the ordinance is not to prohibit large parties, but to provide adequate planning to help reduce problems. ALTERNATIVES: 1. Adopt the ordinance to regulate events at which more than one beer keg is tapped concurrently. 2. Take no action. MANAGER'S RECOMMENDED ACTION: It is recommended by the City Manager that the City Council adopt Alternative #1 and pass the ordinance to regulate events at which more than one beer keg is tapped concurrently. COUNCIL ACTION: 96. LARGE PARTY/MULTIPLE BEER KEG TAPPER ORDINANCE AN ORDINANCE REGULATING EVENTS WHERE MORE THAN ONE ( 1 ) BEER KEG TAPPER IS TO BE USED AT OR ABOUT THE SAME TIME BY OTHER THAN A LICENSED BEER PERMITTEE ON PREMISES LICENSED FOR THE SALE OF BEER; REQUIRING A PERMIT TO BE OBTAINED PRIOR TO THE HOLDING OF SUCH EVENT; SPECIFYING THE CONDITIONS AND STANDARDS FOR ISSUANCE OF A PERMIT; SETTING REQUIREMENTS TO BE PERFORMED BY A PERMIT HOLDER; REQUIRING THE OWNER OR OPERATOR OF ANY VEHICLE USED TO DISPENSE BEER TO NOTIFY THE POLICE DEPARTMENT AT LEAST TWENTY- FOUR (24) HOURS IN ADVANCE OF THE USE OF SAID VEHICLE; PLACING RESPONSIBILITY AND LIABILITY FOR ANY LOSS , DAMAGE, OR INJURY UPON THE PERMIT HOLDER IF PROVEN NEGLIGENT OR UPON THE OFFENDING PARTY; PROVIDING FOR PENALITIES FOR VIOLATION OF THE ORDINANCE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES , IOWA: Section 1 . It shall be unlawful for any person other than a licensed beer permit holder on licensed premises to hold an event where more than one ( 1 ) beer keg tapper is to be used at or about the same time without first obtaining a permit therefore, to be issued by the Chief of Police of the City of Ames , Iowa or said Chief 's duly authorized representa- tive. A beer keg tapper is any apparatus used to draw or remove beer from a keg . Said permit must be obtained at least twenty-four (24 ) hours prior to the commencement of that event . Section 2. Any person seeking the issuance of a permit required by this ordinance shall file with the Chief of Police or said Chief ' s duly authorized representative an application form available from the Police Department . Section 3. Permit holder shall be defined as the authorized and/or organization with actual sponsorship of the event . Section 4 . In order to obtain a permit , the applicant shall meet requirements of the application, shall sign the application and shall be responsible for the event itself . Said person or persons shall hereinafter be designated as "Permit Holder . " Section 5. The Permit Holder shall attend a briefing session to be conducted by the Chief of Police or said Chief ' s duly authorized representative in regard to all matters surrounding the event . Said briefing will include informa- tion on City ordinances concerninq litter , open liquor containers , parking , noise, disturbances of the peace , serving beer or liquor to minors or intoxicated persons , croU,d control , or any other ordinances or statutes which have an affect on the event . J -2- Beer Keg Tapper Ordinance Section 6. The Chief of Police or said Chief's duly authorized representative thereoff shall issue a permit required by this ordinance, when said individual finds: ( a) That the proposed event will not unreasonably interfere with or detract from the general public or private enjoyment of the neighborhood where the event is to be held . (b ) That the proposed event in use will not unreasonably interfere with or detract from the promotion of the public health , welfare, safety , and recreation. ( c ) That the proposed event or use is not reasonably anticipated to incite violence , crime , or disorderly conduct . (d ) The proposed event will not entail unusual , extraordinary or burdensome expense to the City . Section 7. The Chief of-Police or said Chief ' s duly authorized representative shall have authority to revoke a permit issued under this ordinance upon the finding of a violation of any provision of this ordinance or any other ordinance of the City , or statute of the State of Iowa , or upon good cause having been shown. Section 8. A holder of a permit issued under the provisions of this ordinance shall be bound by all applicable ordinances of the City and all applicable statutes of the State of Iowa , as fully as though the same were actually inserted in the permit itself , including those ordinances or state statutes requiring permits or licenses for the sale of beer . Section 9 . Members of the Iowa State University community are also bound by all applicable policies of the university whenever they host an university affiliated event that includes alcohol . Section 10 . If proven negligent , the Permit Holder and/or offending party under the provisions of this ordinance shall be liable for any loss , damage , or injuries sustained by any persons or the City . Said Permit Holder by signing the application for the permit and accepting the permit , assumes full responsibility for and agrees to indemnify the City against , and save it from any liability whatsoever arising from the negligence of the Permit Holder . -3- Beer Keg Tapper Ordinance Section 11 . It shall be unlawful for the owner or operator of any vehicle upon or in which more than one ( 1 ) keg of beer can be used to dispense beer , to fail to notify the Police Department at least twenty-four (24 ) hours in advance of said vehicle's use for the dispensing of beer . Said owner or operator shall also advise the Police Department of an estimate of the number of said sixteen ( 16 ) gallon kegs of beer to be dispensed . Section 12. The commission of any act prohibited or declared to be unlawful or the omission or failure to perform any act or duty required by this ordinance is hereby declared a misdemeanor punishable by fine in the sum not exceeding One Hundred Dollars ( $100) or imprisonment not to exceed thirty (30 ) days. Section 13. A Permit Holder may grant a waiver from any or all sections of this ordinance only by consent of the City Council of the City of Ames , Iowa. Draft February- 23, 1987 Application for Beer Keg Tapper Permit Applicant' s full name Birth date Applicant' s Ames address Applicant' s permanent address (if different) Street City State Applicant' s Ames telephone number - Name of group sponsoring party Address of group sponsoring party Address of party Date of party Approximate time a.m./p.m. a.m./p.m. Approximate number attending Approximate number of minors attending Requested number of kegs? How many trash containers will be available? How many restrooms will be available? Has a noise ordinance variance permit been applied for? Yes No Will the party be in an enclosed area (fencing etc. )? Yes No If ISU student: Have you read the University alcohol policy and applied for the required approval? Yes No I as a representative of applicant group, if applicable will be present and available during the above event. I also will be responsible for complying with the policies established by this permit, local and state laws and University policies, if applicable. Permit granted: Yes No Fee paid: Yes No Date: Signature of grantor: