HomeMy WebLinkAboutA002 - Council Action Form dated May 10, 2011 ITEM # 28
DATE: 05-10-11
COUNCIL ACTION FORM
SUBJECT: WINE TASTING AT FARMERS' MARKETS
BACKGROUND:
In 1979, the City Council enacted a municipal ordinance regulating public consumption
of alcoholic beverages. While our ordinance largely duplicated the prohibitions on liquor
consumption found under state law, it differs in that the Municipal Code is more
restrictive than State law in its limitations on public consumption of beer and wine.
Locally, wine and beer may not be consumed in any public places which do not have a
liquor control license or which are not several named City parks.
Recently, the Main Street Cultural District requested that wine and beer tasting
conducted by Iowa wineries and breweries occur on public streets as a part of the new
Downtown Farmers Market. Current City Code does not allow this. This proposed
ordinance would allow wine and beer tasting to be held in conjunction with approved
farmers markets on a City street or in a "public place" as it is defined by State law.
Staff suggests that the following criteria be included as conditions contained in a
revision to Chapter 17.17 of the City Code to allow tasting events during farmers
markets:
• Tasting is done as part of an approved farmers market, defined by multiple vendors
with goods for sale on regular schedule over the course of two or more months.
Vendors providing samples may only make up a defined proportion of the total
number of vendors, and there are a minimum number of vendors involved in the
market to allow tasting to occur.
• An alcohol management plan must be submitted jointly by vendors providing
alcohol samples and the market sponsoring organization to the Police
Department for review and approval. The plan must limit sampling to those of
legal drinking age, to one-ounce or less sample size, and to a designated tasting
area that is contained within the boundaries of the farmer's market.
• Wine or beer is served only by a licensed alcoholic beverages distributor.
• Vendors must maintain liability insurance coverage or be covered by insurance
from the market-sponsoring organization. The insurance must explicitly cover
wine or beer tasting.
• Only native wines and Iowa-brewed beer are acceptable alcoholic beverages to
sample.
• No payment can be made for admission to the market, the serving container, or the
alcoholic beverage.
• There are provisions for violations of this code section.
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The proposed ordinance change would strictly limit tasting events in public places to
approved farmers markets. Vendors that provide alcohol samples would be required to
be grouped together in a designated tasting area, which would make alcohol control
enforcement easier for both servers and the Police Department. Because samples can
be served only by vendors with liquor licenses, servers are required to strictly comply
with alcohol laws to avoid penalties against their license and against them as
individuals. Because there are only a few vendors of native wines and beers that would
be likely to participate in Ames-area farmers markets and samples are limited to one
ounce each, an average participant should remain at a safe blood alcohol concentration
(BAC) during the market.
ALTERNATIVES:
1. Direct staff to prepare an ordinance based on the attached the farmers' market wine
tasting proposed language, allowing wine and beer tasting to occur at farmers
markets if the specified criteria are met.
2. Do not direct staff to prepare the ordinance, maintaining existing City policies on
events involving wine or beer tasting beverages.
3. Direct staff to incorporate amendments into the draft language and to bring it back
for Council consideration.
MANAGER'S RECOMMENDED ACTION:
Assuming that it is the intent of the Council to allow producers of native wines and beers
to conduct tastings, this ordinance would provide strict controls on wine and beer tasting
as part of an approved farmers market occurring on public property or in a public place.
The City Council and the Ames Police Department would have discretion to grant or
deny permission for each event based on assurances that alcohol safety measures are
in place, as well as on the results of previous events and other risk factors that are
commonly assessed when approving events.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 , thereby approving the ordinance allowing wine and beer tasting
events in public places.
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PROPOSED LANGUAGE FOR FARMERS MARKET WINE TASTING
See. 17.17. CONSUMPTION IN PUBLIC PLACES.
It is unlawful for any person to use or consume alcoholic beverages, wine or beer upon the public streets
or highways of the City of Ames, or consume any alcoholic beverage in any public place, except:
(1)Premises covered by a valid liquor control license; or
(2) If the public place is Brookside, Emma McCarthy Lee, Inis Grove, North and South River Valley or
Moore Memorial Parks, wine and beer may be consumed if it is in or dispensed from bottles or single
serving cans, but not cartons or kegs. Keg beer may be authorized only by the Parks and Recreation
Commission based on such criteria as they shall adopt; or
(3) If the consumption is part of wine or beer tasting authorized pursuant to a permit issued by the Ames
City Council for a local Farmer's Market wine-or beer tasting event.
(a) The City Council may grant a permit for wine or beer tasting to be conducted by Iowa wineries or
breweries at a Farmer's Market upon review and approval by the Police Department of a plan for
such event. The plan shall require proof of liability insurance coverage of any vendor providing
samples; proof of licensing to sell at a satellite location from any alcoholic beverage licensees; a
safety plan; a detailed description and layout of the premises and hours covered by the event; a
description of the system that will be used to limit consumption to those of legal age; that
consumption occurs only in a designated tasting area located within the boundaries of the
farmer's market; that samples served shall be 1 ounce or less; that all alcoholic beverages shall be
served only by holders of an alcoholic beverage control license; that beverages served shall be
native wine and/or Iowa-brewed beer; and that in no circumstances shall any payment be required
for admittance to the market, for any cup or serving container or for the alcoholic beverage.
(b) For purposes of this subsection, a "Farmer's Market" is a gathering of not less than ten local
vendors selling their homemade or homegrown products at a specific predetermined location on
prescheduled dates. The Farmer's Market shall include at least one vendor from each of the
following categories: vegetables; fruits,jams and salsa; crafts; prepared foods; meat; and wineries
and breweries, except that no more than 10% of the vendors may be serving alcoholic beverages.
The market shall be sponsored by an established organization that shall be responsible for
organization of the market, which shall include securing the location where the market meets and
scheduling and holding the market at least once a week for no less than eight consecutive weeks.
(c) It shall be unlawful to allow wine or beer tasting without a permit, or to fail to comply with the
provisions of the approved plan for the permitted event.
(4)Violation of this section shall be a municipal infraction punishable by a penalty of$100 for a person's
first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be
charged by a peace officer of the City as a simple misdemeanor.
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