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Home My WebLink About14 - NB-4 - Costa Mesa Community Foundation Request - 5/17/2011CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 17, 2011 ITEM NUMBER: SUBJECT: COSTA MESA COMMUNITY FOUNDATION REQUEST TO SELL WINE AND BEER AT THE 2011 CONCERTS IN THE PARK SERIES DATE: MAY 9, 2011 FROM: ADMINISTRATIVE SERVICES/RECREATION DIVISION PRESENTATION BILL TURPIT, PRESIDENT, COSTA MESA COMMUNITY FOUNDATION AND BY: LISA MCPHERSON, RECREATION SUPERVISOR FOR FURTHER INFORMATION CONTACT: Lisa McPherson, Recreation Supervisor 714-754-5322 RECOMMENDATION Staff recommends that the City Council approve the Costa Mesa Community Foundation's request to sell wine and beer at the 2011 Concerts in the Park series. BACKGROUND/ANALYSIS The 2011 Concerts in the Park series are being co-sponsored by the City and the Costa Mesa Community Foundation (Foundation). The Foundation has secured and continues to secure community sponsors to assist in the funding of the 2011 Free Concerts in the Parks series located in Fairview Park on five Tuesday's (July 5, 12, 19, 26 and August 2, 2011) from 5:30 pm -7:45 pm. The Community Foundation is involved in the concert planning efforts along with City staff. In order to increase community participation for the concerts, some new features have been proposed this year (e.g. gourmet food trucks, high quality sound system and music performers and a wine and beer garden). The Community Foundation is requesting that the City Council authorize the sale of wine and beer for the 2011 Concerts in the Park series per Costa Mesa Municipal Code Section 11-3 Drinking in Public. This section states "no person shall drink or consume wine, beer, whiskey, brandy or any alcoholic liquors or beverages on public streets, including public alleys, sidewalks and parkways, nor in public restrooms, parking lots, vacant lots, parked motor vehicles or public parks except in any area of a public park were drinking has been expressly approved by the City Council or its designee and is so posted. " The Foundation contacted the Alcoholic Beverage Control ("ABC") to obtain the proper requirements needed to operate a wine and beer garden. ABC requires the Foundation to complete an application (Form 221) for a temporary license to sell and serve wine and beer at the five Concerts. Form 221 requires the following (Attachment #1): Authorization from the property owner (the City) either by signing Form 221 or including a letter outlining the date, time, place and type of beverages to be served. 2. A detailed diagram of the event location. 3. Police Department approval since a large number of people will be attending, it is being held on a public area, and it is the first time such an event is being held at the location. Police Department approval can be given either in a letter from the Department or by signing Form 221. 4. The local ABC office must receive the application not less than 10 days before the first Concert. (30 days is preferred) 5. Form 221 must be mailed or hand delivered to the ABC. 6. The Foundation must provide the ABC with its Tax ID Number and its qualification as a tax exempt organization. 7. The ABC may impose conditions when issuing the license. The Foundation commits to operating the proposed wine and beer garden under the following conditions: 1. An area measuring approximately 1600 sq. ft. or larger will be fenced -off near the placement of the gourmet food trucks. Current plans are to use picket fencing or similar material to enclose the beer and wine garden. 2. Within the fenced area will be a bar and stand-up bar tables and lower tables with seating for at least 40 people (first Concert estimate). 3. There will be two adult volunteer bartenders (over the age of 21). 4. At the entrance to the area, two adult volunteers (over the age of 21) will check IDs and issue wristbands. 5. The operation of the garden will be supervised at each Concert by a designated adult who either has had ABC training, training as a public safety officer or other applicable training. 6. The Foundation will provide the City with a Certificate of Insurance naming the Foundation as the insured and naming the City as an additional insured for the Concerts, under a policy of public liability insurance, including liquor liability, with coverage of $1 million per occurrence and $2 million in the aggregate. 7. Rules will be posted at the "garden" entrance and at the bar stating: • All alcohol must be consumed in the designated "garden" area. • No one under 21 will be allowed in the "garden". • Maximum of two drinks can be purchased at one time. • Bartender reserves the right to refuse to serve anyone. • Cash only 8. Any other conditions imposed by ABC or the City. 2 FISCAL REVIEW Allowing the Foundation to sell wine and beer will have no fiscal impact on the City as the Foundation will pay all costs to set up and operate the wine and beer garden. Revenue from the proposed wine and beer garden will generate funding for the Foundation's "Community Grants Program" which targets local initiatives that serve and enhance youth education and recreation, public safety and our parks, and that build community pride. In 2010 and 2011 the Community Grants Program provided funding for the Shalimar neighborhood 3C basketball tournament; a TeWinkle School theatre production, the City's Police Explorer and Fire Explorer programs; Costa Mesa teachers awarded Foundation grants by the Newport Mesa Schools Foundation; college scholarships awarded at the Chamber's annual Student Awards Breakfast; the Community Run; and, of course, the Summer Concerts in Fairview Park. LEGAL REVIEW No legal review required. ALTERNATIVES CONSIDERED 1) The Council could not approve the Foundation's request. CONCLUSION Staff recommends that the City Council approve the Costa Mesa Community Foundation request to sell wine and beer at the 2011 Concerts in the Park series and authorize staff to provide a letter for Form 221. LISA McPHERSON Recreation Supervisor BILL TURPIT Costa Mesa Community Foundation President Attachments: 1. ABC Form 221 TAMARA LETOURNEAU Interim Director of Administrative Services Department of Alcoholic Beverage Control DAILY LICENSE APPLICATIOWAUTHORIZATION - Non Transferable Instructions: ConFlete all items. Submit to local ABC District Office with required fee (Cashier's Check or Money Order) payable to ABC Once license is issuer/, fee cannot be refunded For a listing of ABC District Offices please visit htip:/fwww.abe ca gov/distmap.hhw Pursuant to the authority granted by the organization named below, the undersigned hereby applies for the license(s) described below. 1. ORGANIZATION'S NAME State of California Edmund G. Brown Jr., Governor LICENSE NUMBER GEO CODE RECEIPT NUMBER FEE $ Yes [-] No I ❑ Yes [-] No 2. LICENSE TYPE (Check appropriate license type AND organization type) a. F-] Daily General ($25.00) (Includes beer, wine and distilled spirits) [� Political Party/Affiliate Supporting Candidate for [-]Fraternal Organization in Existence Over Five Years Public Office or Ballot Measure with Regular Membership Organization Formed for Specific Charitable or Civic Purpose F-] Religious Organization Other: Vessel per Section 24045.10 B&P ($50.00) NUMBER OF DISPENSING POINTS b. Special Daily Beer ($25.00) Special Daily Beer & Wine ($50.00) Special Daily Wine ($25.00) Charitable Fraternal [Social Political Other: 11 Civic FIReligious H Cultural ❑ Amateur Sports Organization NUMBER OF DISPENSING POINTS c. []Special Temporary License ($100.00) (Different privileges depending on statute) Television Station per Section 24045.2 or 24045.9 B&P [-] Person conducting Estate Wine Sale per Section 24045.8 B&P Nonprofit Corporation per Sections 24045.4 and 24045.6 B&P 7 Women's Educational and Charitable Organization per Section 24045.3 B&P Other Special Temporary Licenses, per Section License number 3. EVENT TYPE Dinner Sports Event 4. TOTAL # OF DAYS Dance Wedding Concert [] Birthday ESTIMATED ATTENDANCE Amount $ Lunch [:] Picnic [:] Barbeque []Social Gathering [ Festival Mixer [:]Carnival [_] Dinner Dance []Other: HOURS OF ALCOHOLIC BEVERAGE SALES, SERVICE AND/OR CONSUMPTION From To 7. EVENT DATE(S) 8. EVENT IS OPEN TO THE PUBLIC Yes []No 9. EVENT LOCATION (Give facility name, if any, street number and name, and city) 10. LOCATION IS WITHIN THE CITY LIMITS 11. TYPE OF ENTERTAINMENT 12. SECURITY GUARDS Yes []No []Yes []No If yes, how many? 13. AUTHORIZED REPRESENTATIVE'S NAME 114. REPRESENTATIVE'S TELEPHONE NUMBER 15. REPRESENTATIVE'S ADDRESS 16. ORGANIZATION'S MAILING ADDRESS (If different from #15 above) 17. AUTHORIZED REPRESENTATIVE'S SIGNATURE PROPERTY OWNER APPROVAL BY (Name), REQUIRED IPHONE NUMBER LAW ENFORCEMENT APPROVAL BY (Name), IF APPLICABLE PHONE NUMBER DISTRICT OFFICE APPROVAL BY (Name) PROPERTY OWNER SIGNATURE LAW ENFORCEMENT SIGNATURE EMPLOYEE SIGNATURE 8. DATE SIGNED DATE SIGNED ISSUANCE DATE The above-named organization is hereby licensed, pursuant to the California Business and Professions Code Division 9 and California Code of Regulations, to engage in the temporary sale of alcoholic beverages for consumption at the above named location for the period authorized above. This license does not include off -sale ("to -go") privileges. This license may be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. ABC -221 (rev. 01-11)