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HomeMy WebLinkAbout~Master - Waiver of Enforcement of Municipal Code Section 17.17 Alcohol Consumption in Parks only for Tom Evans Plaza RESOLUTION NO. 23-404 RESOLUTION APPROVING WAIVER OF ENFORCEMENT OF SECTION 17.17 OF MUNICIPAL CODE RELATED TO ALCOHOL CONSUMPTION IN PARKS WITH RESPECT ONLY TO TOM EVANS PLAZA FOR THE CITY OF AMES,IOWA WHEREAS, on Tuesday, July 25th,the City will host the Register's Annual Great Bicycle Ride Across Iowa (RAGBRAI) as an overnight stop. Approximately 15,000 to 20,000 bicycle riders and support individuals will be in Ames for the event. In conjunction with the ride,the Ames Main Street(AMS) is coordinating the downtown entertainment component of the event; and, WHEREAS, the proposed downtown entertainment will consist of musicians performing on two stages, beer service, and food vendors. In addition, a portion of the downtown area will serve as a venue for the bicycle repair shops that follow RAGBRAI across the state and set up temporary tents to facilitate repairs; and, WHEREAS, the entertainment will begin at approximately 2:00 p.m. and continue until 11:00 p.m. Food truck sales will begin at 2:00 p.m. and the four beer tents will begin sales at 2:30 p.m. Patrons must present their ID to obtain a wristband, then purchase beer tickets prior to obtaining alcohol. The wristband and beer tickets can be obtained within the event area or in advance at either the official RAGBRAI Welcome Area east of Jack Trice Stadium or the Main Campground in Brookside Park. Beer ticket sales will conclude at 10:00 p.m. and the beer tents will conclude service at 10:30 p.m.; and, WHEREAS, four bands will perform on the main stage and four will perform on the secondary stage. The headliner,Hairball,will begin performing on the main stage at 8:30 p.m. and will conclude at 10:30 p.m. The secondary stage music will conclude at 11:00 p.m.; and, WHEREAS,it is anticipated that 15,000 people will attend the event in total;the attendance at any one time is expected to be several thousand fewer. Shuttles will be provided between downtown and the various camping areas located around the community. Bike parking will be established along 5th Street north of the entertainment area; and, WHEREAS, this event is unique in that AMS is requesting to allow alcohol consumption anywhere on the streets and sidewalks within the event area. This event area would be open to the public, including to anyone under the age of 21. According to Municipal Code Section 17.16 — Minors Prohibited on Certain Premises,there are limited circumstances in which persons under 21 years of age can be on the premises of an alcohol-dispensing establishment; and, WHEREAS, according to the Municipal Code, if the establishment conducts most of its sales in things such as food rather than alcohol, minors may be allowed on the premises (e.g., a family restaurant that also sells beer is typically selling more food than alcohol, and minors are permitted). If the establishment sells primarily alcohol,however, minors shall not be permitted on the premises(e.g.,if the establishment is a bar or cocktail lounge,minors may not be present); and, WHEREAS, for a special event such as this, there is no verifiable history of transactions to determine whether the sales of the license-holder are primarily alcohol or not. Additionally, the food vendors taking part in the event are not the alcohol license-holder, and therefore their sales would not count towards non-alcoholic sales.Additionally,with a temporary event there are fewer lasting consequences that can be imposed for poor compliance with alcohol laws compared to a brick-and-mortar alcohol establishment; and, WHEREAS, AMS has historically complied with Section 17.16 by establishing a separate fenced area for persons 21 years of age and older, where they may obtain and consume alcohol, but where those under 21 are not allowed. These areas are arranged so that both groups can participate in the entertainment. The standard provided to the organizers is to have fencing in place that is either high enough or wide enough that alcohol cannot be passed from one area to another; and, WHEREAS, Section 17.16 of Municipal Code is an important tool to ensure safe and responsible consumption of alcohol in establishments and at events across the City. Allowing minors in the licensed premises increases the chances that a person under 21 will be able to access alcohol,either by purchasing it directly or obtaining it from a person who is of legal age to consume it.However,City staff recognizes that the RAGBRAI entertainment events are a unique occurrence in the community. Staff has met with Ames Main Street and Discover Ames on a number of occasions to discuss the planning for this aspect of RAGBRAI and to identify how to make it as safe and successful as possible; and, WHEREAS,whether those under 21 are allowed on the premises or not,AMS has the same duty to ensure that persons under 21 do not obtain and consume alcohol. It intends to do this through several means: 1. Hiring 20 professional security guards from a private company — These guards will be a visible presence at the entry/exit points of the event area. They will assist in ensuring no alcoholic beverages leave the event area. This includes ensuring that any person who wishes to enter or leave one of the existing bars on Main Street does not bring alcohol with them. Additionally, these guards will patrol through the event area to monitor for issues; 2. Having at least 70 volunteers trained in crowd management to assist with entry and exit to the entertainment area, the checking of IDs, and the beverage service. Participants will have IDs checked upon purchasing drink tickets, and will be required to have a wristband if they consume alcohol. The beverage servers, as always, have the ability to request IDs from those who they suspect of being underage and refuse service if they are not certain that the person buying the alcohol should possess it. City staff will be facilitating a crowd management training for the volunteers the week before the event; 3. Coordinating with other licensed establishments that connect to Main Street to ensure they can comply with their obligations to prevent alcohol from traveling with patrons into the event area. In addition, AMS has indicated it will provide information and signage to all other businesses (non-bars) in the area that will be open to ensure they can communicate that alcohol is not permitted in their businesses; and, WHEREAS, additionally, AMS will implement the following general safety measures: 1. Ending alcohol service at 10:30 p.m. Although the entertainment will continue until 11:00 p.m.,the alcohol service will end early to ensure participants do not drink alcohol through to the end of the event; 2. Establishing a command post in the Chamber of Commerce office to manage the event and handle any major safety concerns; 3. Securing the services of a medical team to attend the event to address medical needs of event participants if they arise; 4. Providing attendants at the railroad crossings at Clark Avenue and Kellogg Avenue to ensure that those crossing the tracks are doing so in a safe manner as they go to and from the event. This is due to several factors: The rail corridor adjacent to downtown is very active, many of the event participants may not be familiar with Ames' rail crossings, and some event participants may be intoxicated as they leave the event area. Therefore,providing volunteers to ensure pedestrians wait safely for approaching trains seems prudent. These volunteers can also help provide directions or other assistance to participants; 5. Preparing an emergency action plan to address communications, roles of staff and volunteers, and additional actions that would be taken in the event of an emergency that would threaten the safety of event participants; and, WHEREAS, AMS's proposed premises will also include Tom Evans Plaza. Consumption of alcohol in City parks is only allowed in certain designated parks, according to Section 17.17 of Municipal Code. Tom Evans Plaza is not one of those designated areas. Therefore, AMS also would require a waiver of this section of Municipal Code to allow this area to be used as a component of the alcohol service area; and, WHEREAS,the Police Department will be assigning several officers to patrol and monitor the beer garden area and has developed robust safety precautions that will be put into effect on the day of the event to reduce the potential for dangerous incidents; and, WHEREAS,providing an entertainment area for RAGBRAI participants is an expectation of any community serving as a RAGBRAI overnight stop, and centralizing that entertainment area provides advantages in managing the entertainment and the crowds that will participate; and, WHEREAS, the proposed event provides an opportunity to showcase the Ames Main Street area of Ames for RAGBRAI participants; and, WHEREAS,AMS has taken extraordinary steps to evaluate risks,implement practices that will reduce or eliminate risks, and provide a significant staff, volunteer, and professional security staff presence to manage this event. It is clear that these measures exceed the typical safety measures that would be expected for an event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that waiver of enforcement of Section 17.17 of the Municipal Code related to alcohol consumption in parks with respect only to Tom Evans Plaza for the event is hereby approved. ADOPTED THIS 1 lth day of July, 2023. e4 W- 410e 4�� Renee Nall, City Clerk John A. Haila, Mayor Introduced by: Gartin Seconded by: Beatty-Hansen Voting aye: Beatty-Hansen, Corrieri, Gartin, Junck, Rollins Voting nay: None Absent: Betcher Resolution declared adopted and signed by the Mayor this 1 lrh day of July, 2023.