HomeMy WebLinkAbout- NB-2 - CM Foundation Request to Sell Wine and B - 5/15/2012MEETING DATE: May 15, 2012
ITEM NUMBER: NB- 02
SUBJECT: COSTA MESA FOUNDATION REQUEST TO USE A PORTION OF
FAIRVIEW PARK AND TO SELL WINE AND BEER AT THE 2012
CONCERTS IN THE PARK SERIES.
DATE: MAY 7, 2012
FROM: OFFICE OF THE CEO
PRESENTATION BY: DAN JOYCE, PUBLICE AFFAIRS MANAGER
FOR FURTHER INFORMATION CONTACT: Dan Joyce (714) 754-5667
dan.ioyice(ftostamesaca.gov
RECOMMENDATION:
It is recommended that City Council:
1. Approve the proposal by the Costa Mesa Foundation ("Foundation") to use a portion of
Fairview Park for the Concerts in the Park Series.
2. Waive the Special Event Permit Fee and Park Use Fees of $1425 for the Concerts in the
Park Series.
3. Approve the Foundation's request to sell wine and beer for the 2012 Concerts in the Park
Series.
B AC KG RO U N DIANA LYSIS:
In 2011, the Concerts in the Park Series were co-sponsored by The Foundation and the City. In
2012, the City will provide limited resources and staff and the Foundation will be responsible for
the full coordination of the event. The Foundation has secured and continues to secure
community sponsors to assist with the funding of the 2012 free concert series located at
Fairview Park. The concert series will be held on Tuesday evenings in July (3, 10, 17, 24 and
31).
Last year on May 17, 2011, City Council approved the Foundation's request to sell beer and
wine at the 2011 Concerts in the Park Series only. The operation of the beer and wine garden
went smoothly with no major incidents. The beer and wine garden was controlled by board
member Jennifer Christ who has ABC training and the Foundation hired security guards to
monitor the area.
The Foundation is requesting that the City Council authorize the sale of wine and beer for the
2012 Concerts in the Park 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 where 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 event. Form 221 requires the following:
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 (Attachment 1);
2. A detailed diagram of the event location (Attachment 2);
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 this event is being held at this 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 event (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; and
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 with the carnival
area. 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;
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 by the Foundation by a designated adult who
either has had ABC training, training as a public safety officer or other applicable training;
(Attachment 3)
6. The Foundation will provide the City with a Certificate of Insurance naming the City as an
additional insured for the event 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; and
8. Any other conditions imposed by ABC or the City.
FISCAL REVIEW
The Foundation proposes to utilize the landscape area east of the main parking lot at Fairview
Park.
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. Last year, the
beer and wine garden grossed over $3868. This additional funding allows the Foundation more
money to distribute its Community Grants which help fund sports, arts and educational
programs in the city.
LEGAL REVIEW:
The City Attorney's office has reviewed this report and their comments have been incorporated.
ALTERNATIVES CONSIDERED:
The Council could not approve the Foundation's request.
CONCLUSION:
Staff recommends that the City Council approve the following request:
1. Approve the proposal by the Foundation to use a portion of Fairview Park.
2. Waive the Special Event Permit Fee and Park Use Fees of $1425 for the Concerts in
the Park Series.
3. Approve the Foundation's request to sell wine and beer for the 2012 Concerts in the
Park Series.
DYCE A qFIII'IIS
Public Affairs Wnager Assistant Chief Executive Officer
V'
BOBBY Y
R&
Finance . Di ector
(fiscal review only)
DISTRIBUTION: Chief Executive Officer
City Attorney
Police Department
Finance
Recreation Manager
Contract Administrator
Costa Mesa Foundation
THOMAS P. DUARTE
City Attorney
(legal review only)
ATTACHMENTS: 1 ABC Form 221
2 Fairview Park Aerial with Event Layout.
3 ServeTrain Online Course
ATTACHMENT 1
Derailment or Alcoholic: Beverage Conlrol State of California
Edmond G. [I Jr.. Governor
DAILY LICENSE APPLICATION/AUTHORIZATION - Non Transferable
/asVer<iiw+s: Complete all ilenLs. SY+bndl/o/ocnl,4tJCOis/ricJ O/flee rvi7h regnirzdfee (Cnv{tier's Cheek or LICE ELSE NUMBER G[o coot
.77nney Order) payable to A1JC Ouse license 1 s issuzd, Jee emnroY Le refloated. For n Usling of AGC P/slde7 l
OJpces please risil Altp.//x wrr.nbe.emgnddis7utnp.l+u+d REcemr NUMBER - -- -___
.
PRramnf to fur m+dmr/lygrauled M• the organizrdlon named belmv, the undersigned herebl• applies fru the
fleense(s) desedber/ belorP' FrE
LYes :No jI )No
2 LICENSE TYPE (Check appropriate license type AND organization type) _-
A. DailyGeneral 25.00 - -_--- --- -----
($ ) (Includes bear, wino and distilled spirits)
_ JPolilical Parly/Affiliate Supporting Candidate for []Fraternal Organization in Fxistence Over Five Years
Public Office or Ballot Measure with Regular Membership
Organization Formed for Specific Charitable or Civic Purpose [I Religious Organization
1,_. (Other. LVcssel per Section 24045.10 B&P ($50.OD)
-- - - INU1.9R[R OF pISPENSitIG POINTS
11 - ISpecial Daily Boor ($25.00) I._ISpecial Daily Beer & Wine ($50.00) 'Special Dally Wine ($25.00)
LCharilable (_-;Frateniai LSocial Political GOther:
__Civic LIReligious ! Cultural LPonatem Sports Organization riureiiEii of fnsrwslhcnolNis
Spocial Temporary License ($100.00) (Different privileges depending on slatuto)
(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 (. Women's Educational and Charitable Organization per
Section 24045.3 B&P
L Other Special Temporary Licenses, per Section
License number Amount $
Dinner L (Dance f_ _ Medding _..ILunch []Picnic ( IBarbeque ! _Social Gathering ; _]Festival
L Sports Event []Concert j (Birthday i -]Mixer Carnival [ (Dinner Dance [
(Other:
d. TOTAL aOr[)AVS QST@NTEDATTENDANCE G HOURS OF ALCOHOLIC BEVERAGE SATES SF(3VICF. ANWOR cDNSuGPi1ON
(,. From To
/. EvemonrEls) --- -- in EVENTis ovw TO THr. Puni �r.
F1Yes []No
4 F.VFNT LOCATION (0 .o fun ty nmrG f�nr st mtrlfnlher and umgeni%ly)
10 LOC.A710N IS K9eiIN 7NE CIT{1LR11TS 11. TYPE OF ENTERTAINMENT IV SLCURITYGUARDS ---- ---- ---- --- ----
L-IYes Ll No i []Yes []No If yes, how many?_ _
13 AUTIORIZEOREPRESENTATIVESNAMC ----- - - _----
- -- --- 11e REPRESENTATN'ES iELEP17DNE r:(1': nER
15. REPRESFUTATIVIFf. ADDHIiSS-- --- - - --
15 ORGAN2ATIDNS RIAIL6NG ADDRESS (If difervni Gun tll5 riW.e)
I? . AUTt1CRIZED RCPRESENTATtYES3C.NANRC--- - ta. DATE'.
LAW ENFORCEMENT APPROVAL BY (Nama),IF APPLICABLEPHONE NUMBER
DISTRICT OFFICE APPROVAL UY Q+erno)
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 [)apartment If, In the opinion of the Department andfor 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)
M
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Serve Train: Training Overview
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