Loading...
HomeMy WebLinkAbout2557 OrdinanceORDINANCE NO. 2557 )r, AN pRDINANCE relating to Intoxicating Liquor and Amending Chapter 9.20 of the Pasco Municipal Code. WHEREAS, all county and municipal police officers are charged with the duty of investigating and prosecuting violations of Title 66 RCW, relating to alcoholic beverage control; and WHEREAS, the Pasco Municipal Court has criminal jurisdiction over misdemeanor and gross misdemeanor offenses committed within the City of Pasco; and WHEREAS, it is necessary that local police power ordinances relating to alcoholic beverage control not conflict with the state statutes covering the subject of alcoholic beverage control, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Chapter 9.20 of the Pasco Municipal Code which now reads as follows: CHAPTER 9.20 INTOXICATING LIQUOR Sections: 9.20.010 Police power involved. 9.20.020 Definitions. 9.20.030 State licenses required. 9.20.040 Possession of liquor without state seal unlawful. 9.20.050 Drinking in motor vehicles or public place. 9.20.060 Possession in opened container. 9.20.070 Exceptions. 9.20.080 Furnishing liquor to intoxicated persons prohibited-Misdemeanor. 9.20.090 Furnishing liquor to minors prohibited - Exceptions-Misdemeanor. 9.20.100 Application for liquor permit by minor prohibited. 9.20.110 Purchases of liquor by minor prohibited. 9.20.120 State Liquor Law adopted-Penalty for violations. 9.20.130 9.20.140 9.20.150 Purchase of liquor by minor-Penalty. Association with drunkards for unlawful purpose. Consumption within park and recreation facilities. 9.20.010 POLICE POWER INVOLVED. This chapter is an exercise of the police power of the city to aid in the enforcement of the State Liquor Laws for the protection of the welfare, health, peace, morale and safety of the people of the city, and all of its provisions shall be liberally construed for the accomplishment of that purpose. (Prior code Sec. 10-7.04). 9.20.020 DEFINITIONS. Definitions contained in RCW 66.04 as amended and as hereafter amended are adopted by reference and shall be applicable to this chapter. (Prior code Sec. 10-7.08). 9.20.030 STATE LICENSES REQUIRED. It is unlawful for any person to manufacture or sell liquor without having first obtained a license as required by State Liquor Laws, and any person doing any act required to be licensed without having in force a license issued to him under the provisions of the state law is guilty of a violation of this chapter. (Prior code Sec. 10-7.12). 9.20.040 POSSESSION OF LIQUOR WITHOUT STATE SEAL UNLAWFUL. No liquor shall be kept or had by any person within the limits of the city unless the package in which the liquor was contained had, while containing that liquor, been sealed with the official seal prescribed under the Washington State Liquor Laws, except in the case of: (1) Liquor imported by the State Liquor Control Board; or (2) Liquor manufactured in the state for sale to the Liquor Control Board, or for export; or (3) Beer purchased in accordance with the provisions of Washington State Liquor Laws; or (4) Wine, beer or liquor exempted under Washington State Liquor Laws. (Prior code Sec. 10-7.16). 9.20.050 DRINKING IN MOTOR VEHICLES OR PUBLIC PLACE. No person shall drink any alcoholic beverage or intoxicating liquor in any motor vehicle when such vehicle is upon any highway or other public place. Except as permitted by the Washington State Liquor Laws, no person shall consume intoxicating liquor in a public place. As used in this chapter, "alcoholic beverage" and "intoxicating liquor" shall have the same meanings as in RCW Title 66. (Ord. 1781 Sec. 1, 1976: prior code Sec. 10-7.20). 9.20.060 POSSESSION OF OPENED CONTAINER. No person shall have in his physical possession on his person, while in a motor vehicle upon a highway or other public place, any bottle, can, or other receptacle containing beverage or intoxicating liquor, which has been opened, or a seal broken, or the contents of which have been partially removed, and which has the cap, top, cork or other form of lid off the container, or has been punctured. (Ord. 1781 Sec. 2, 1976: prior code Sec. 10-7.28). 9.20.070 EXCEPTIONS. No person under the age of twenty-one years shall knowingly possess, transport, or have under his control in any motor vehicle any alcoholic beverage or intoxicating liquor, unless such person is accompanied by a parent or legal guardian or is employed by a licensee under the authority of RCW Title 66, and is possessing, transporting or has such alcoholic beverage or intoxicating liquor in a motor vehicle under his control during regular hours and in the course of his employment. (Ord. 1781 Sec. 3, 1976: prior code Sec. 10-7.32). 9.20.080 FURNISHING LIQUOR TO INTOXICATED PERSONS PROHIBITED - MISDEMEANOR. No persons shall sell to or give any liquor to any person apparently under the influence of liquor. Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Ord. 1781 Sec. 4, 1976: prior code Sec. 10-7.36). 9.20.090 FURNISHING LIQUOR TO MINORS PROHIBITED - EXCEPTIONS - MISDEMEANOR. Except in the case of liquor given or permitted to be given to a person under the age of twenty-one by his parent or guardian for beverage or medicinal purposes, or administered to him or her by his or her physician or dentist for medicinal purposes, no person shall give or otherwise supply liquor to any person under the age of twenty-one years, or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. Any person violating the provisions of this section is guilty of a misdemeanor. (Ord. 1781 Sec. 5, 1976: prior code Sec. 10-7.40). 9.20.100 APPLICATION FOR LIQUOR PERMIT BY MINOR PROHIBITED. It is unlawful for any person under the age of twenty-one years to make application for a permit to buy liquor. (Ord. 1781 Sec. 6, 1976: prior code Sec. 10-7.44). 9.20.110 PURCHASES OF LIQUOR BY MINOR PROHIBITED. It is unlawful for any person under the age of twenty-one years to purchase, or attempt to purchase, drink, consume or possess intoxicating liquor or liquors, except in the case of liquor given or permitted to be given to a person under the age of twenty-one years by his parent or guardian, and consumed in their presence, for beverage or medicinal purposes, or administered to him by his physician or dentist for medicinal purposes only. (Ord. 1781 Sec. 7, 1976: prior code Sec. 10-7.48). 9.20.120 STATE LIQUOR LAW ADOPTED - PENALTY FOR VIOLATIONS. The Washington State Liquor Act is adopted by reference together with any future amendments thereof or additions thereto and any violation of the Washington State Liquor Laws contained in the act, within the limits of the city, is a violation of this chapter and any persons violating any of the provisions of the State Liquor Laws shall upon convicting thereof be fined not more than three hundred dollars, or be confined in the city jail for a term of not more than ninety days, or be punished by both such fine and imprisonment. (Ord. 1781 Sec. 8, 1976: prior code Sec. 10-5.124). 9.20.130 PURCHASE OF LIQUOR BY MINOR - PENALTY. Any person violating Section 9.20.110 or any provisions thereof is guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars, or by imprisionment in the city jail not exceeding thirty days, or by both such fine and imprisonment. (Ord. 1781 Sec. 9, 1976: prior code Sec. 10-5.108). 9.20.140 ASSOCIATION WITH DRUNKARDS FOR UNLAWFUL I PURPOSE. It is unlawful for any person to associate with any intoxicated person for the purpose of theft or robbery from that intoxicated person or another person. (Ord. 1781 Sec. 10, 1976). 9.20.150 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES. Upon the conditions hereafter specified, it is lawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in those park and recreation buildings or structures or other approved enclosed and restricted areas as specified by resolution of the city council. The persons using such premises for the purpose of opening a package containing liquor, possessing or displaying an open container of liquor and/or consuming liquor must obtain a rental permit from the director of parks and recreation of the city of Pasco or his designee at the park and recreation offices. Such rental permit shall be issued on the following conditions: (a) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; (b) Payment of rent in an amount fifty percent higher than the regular rental fee; (c) The applicant deposits a sum of two hundred fifty dollars to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; (d) The applicant furnishes to the city evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in an amount of not less than three hundred thousand dollars bodily injury coverage per person and one hundred thousand dollars property damage coverage per incident, covering any bodily injury or property damage arising out of or in any way connected with the use of the city facility by the applicant. A surety bond approved by the city in the same amounts may substitute for insurance; (e) The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant's organization; provided that the city council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (f) The applicant agrees that he or she will save the city of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit which may be commenced against the city of Pasco by any third person alleging injury or loss by reason of such acts; (g) The applicant shall furnish written confirmation from the chief of police of the city of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (h) The applicant shall comply with all applicable fire codes and regulations. (Ord. 2333 Sec. 1, 1982). is now amended to read as follows: CHAPTER 9.20 INTOXICATING LIQUOR Sections: 9.20.010 State Alcoholic Beverage Control Law Adopted - Penalty for Violations 9.20.020 Consumption within park and recreation facilities 9.20.010 STATE ALCOHOLIC BEVERAGE CONTROL LAW ADOPTED - PENALTY FOR VIOLATIONS. Title 66 RCW, relating to alcoholic beverage control as amended, shall to the extent that its provisions are applicable to the police power of the city of Pasco, be the law of the city of Pasco. Every person who violates any provisions of Title 66 RCW and by reference thereof, of this title, shall be guilty of a violation of this chapter, and the penalties for such violations as set forth in Title 66 RCW, including but not limited to RCW 66.44.180, shall be the penalties for a violation of this chapter, not withstanding any t other provision of Pasco Municipal Code. 9.20.020 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES. Upon the conditions hereafter specified, it is lawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in those park and recreation buildings or structures or other approved enclosed and restricted areas as specified by resolution of the city council. The persons using such premises for the purpose of opening a package containing liquor, possessing or displaying an open container of liquor and/or consuming liquor must obtain a rental permit from the director of parks and recreation of the city of Pasco or his designee at the park and recreation offices. Such rental permit shall be issued on the following conditions: (a) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; (b) Payment of rent in an amount fifty percent higher than the regular rental fee; (c) The applicant deposits a sum of two hundred fifty dollars to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; (d) The applicant furnishes to the city evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in an amount of not less than three hundred thousand dollars bodily injury coverage per person and one hundred thousand dollars property damage coverage per incident, covering any bodily injury or property damage arising out of or in any way connected with the use of the city facility by the applicant. A surety bond approved by the city in the same amounts may substitute for insurance; (e) The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant's organization; provided that the city council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (f) The applicant agrees that he or she will save the city of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit which may be commenced against the PASSED this / day of approved by the Mayor. 1985 and 4101111 ALP; .41111MAL:gt_d oe—W. Ja of so Mayor ATTEST: flO Greg A. / 4 ubstello, City A torney city of Pasco by any third person alleging injury or loss by reason of such acts; (g) The applicant shall furnish written confirmation from the chief of police of the city of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (h) The applicant shall comply with all applicable fire codes and regulations. (Ord. 2333 Sec. 1, 1982). Section Two. This ordinance shall take effect five (5) days after passage and publication ac e ding to law. /Evn ells, City Clerk APPROVED AS TO FORM: AFFIDAVIT OF PUBLICATION COUNTY OF Benton )ss STATE OF WASHINGTON JoEllen Ward , being first duly sworn on oath deposes and says ahe is theprincipal clerkof the Tri City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication here- inafter referred to, published in the English language continually as a daily newspaper in Benton County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal ad "Ord #2557" as it was printed in the regular and entire issue of the /Tri City Herald itself and not in a supplement thereof, for a period of mei .1, Times, commencing on the 5th day of July , 19 85 , and ending on the 5th day of July , 1985 and that said newspaper was regularly disArputed to its subscribers during all of this period That the Total amount is $ LP 25 55 inches @ $7 . 35= $404. 25 No ry Public in and for the State of Washington, residing at Pasco 11th Subscribed and sworn to before me this day of July ,19 85 cs,osar-e. ORDINANCE NO 2557 AN ORDINANCE relat- ing to Intoxicating Liquor and Amending Chapter 9 20 of the Pasco Municipal Code WHEREAS all county and municipal police offi- cers are charged with the duty of investigation and prosecuting violations of Title 66 RCW relating to al- coholic beverage control and WHEREAS, the Pasco Municipal Court has crimi- nal jurisdiction over misde- meanor and gross misdemeanor offenses committed within the City of Pasco and WH;REAS, it is nec- essarV , that local police power ordinances relating to alcoholic beverage con- trol not conflict with the state statutes covering the subject of alcoholic bever- age control, NOW THERE- FORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section One Chapter 9 20 of the Pasco Municipal Code which now reads as follows CHAPTER 9 29 INTOXICATING LIQUOR Sections 9 20 010 Police power in- volved 9 20 020 Defi- nitions 9 20 030 State licenses required 9 20 040 Possession of liquor with- out state seal unlawful 9 20 050 Drinking in motor vehicles or public place 9 20 060 Possession in opened container 9 20 070 Exceptions 9 20 080 Fur nishing liquor to intoxicated persons prohibited-Misde- meanor 9 20 090 Furnish- ing liquor to minors prohibited Exceptions- Misdemeanor 9 20 100 Ap- plication for liquor permit by minor prohibited 9 20 110 Purchases of liquor by minor prohibited 9 20 120 State Liquor Law adopted Penalty for violations 9 20 130 Purchase of liquor by minor-Penalty 9 20 140 Association with drunkards for unlawful purpose 9 20 150 Consumption within park and recreation facilities 9 20 010 POLICE POWER INVOLVED This chapter is an exercise of the police power of the city , to aid in the enforcement of the State Liquor Laws for the protection of the wel- fare, health peace morale and safety of the people of the city and all of its provi- sions shall be liberally con- struedfor the accomplishment of that purpose (Prior code Sec 10-7 04) 9 20 020 DEFINITIONS I -1Definitions containeo in 1RCW 68 04 as amended and as hereafter amended are adopted by reference and shall be applicable to this chapter (Prior code Sec 10 7 08) 9 20 030 STATE LI- CENSES REQUIRED It is t unlawful for any person to 'manufacture or sell liquor without having first ob tamed a license as required by State Liquor Laws and any person doing any act required to be licensed without having in force a li- cense issued to him under the provisions of the state law is guilty of a violation of this chapter (Prior code Sec 10 7 12) 9 20 040 POSSESSION OF LIQUOR WITHOUT STATE SEAL UNLAWFUL No liquor shall be kept or had by any person within the limits of the city unless the package in which the li- quor was contained has while containing that liquor, been sealed with the official seal prescribed under the Washington State Liquor Laws except in the case of (1) Liquor imported by the State Liquor Control Board or (2) Liquor manufactured in the state for sale to the Liquor Control Board, or for export Or (3) Beer purchased in accordance with the provi-, sions of Washington State( Liquor Laws or (4) Wine beer or liquor exempted under Washing- ton State Liquor Laws (Prior code Sec 10-7 16) 9 20 050 DRINKING IN MOTOR VEHICLES OR PUBLIC PLACE No person shall drink any alcoholic beverage or intoxicating li- quor in any motor vehicle when such vehicle is upon any highway or other public place Except as permitted by the Washington State Li- quor Laws no person shall consume intoxicating liquor in a public place As used in this chapter alcoholic bey erage , and intoxicating ii- quor shall have the same meanings as in RCW Title ( 66 (Ord 1781 Sec 1 1976 prior code Sec 10- 9 -20 060 POSSESSION1 OF OPENED CONTAINER No person shall have in his physical possession on his person while in a motor ve- hicle upon a highway or other public place any bot tie can, or other receptacle containing beverage or in- toxicating liquor which has been opened or a seal bro ken or the contents of which have been partially removed and which has the cap top cork or other form of lid off the container or has been punctured (Ord 1781 Sec 2 1976 ' prior code Sec 10-7 28) 9 20 070 EXCEPTIONS No person under the age of twenty-one years shall kno- wingly Possess transport or have under his control in any motor vehicle any alco- holic beverage or intoxicat- ing liquor unless such person ii, accompanied by 1 a parent or legal guardian or is employed by a li- censee under the authority of RCW Title 66 and is pos- sessing transporting or has such alcoholic bever age or intoxicating liquor in , a motor vehicle under his control during regular hours and in the course of his employment (Ord 1781 Sec 3 1976 prior code Sec 10-732) 9 20 080 FURNISHING, LIQUOR TO INTOXI CATED PERSONS PRO- HIBITED - EXCEPTIONS - MISDEMEANOR Except in the case of liquor given or permitted to be given to a person under the age of tw- nety-one, by his parent or guardian for beverage or medicinal purposes or ad- ministered to him or her by his or her physician or den- tist for medicinal purposes no person shall give or otherwise supply liquor to any person under the age of twenty-one years or per- mit any person under that ape to consume liquor on his or her premises or on any premises under his or her control Any person vio- lating the provisions of this section is guilty of a misde- meanor (Ord 1781 Sec 5 1976 prior code Sec 10- 7 40) 9 20 100 APPLICATION FOR LIQUOR PERMIT BY MINOR PROHIBITED if is unlawful for any person under the age of twenty- one years to make applica- tion for a permit to buy li- quor (Ord 1781 Sec 6 1976 pnor code Sec 10 7 44) 9 20 110 PURCHASES OF LIQUOR BY MINOR PROHIBITED It is unlawful for any person under the age of twenty-one years to I purchase or attempt to pur chase drink consume or possess intoxicating liquor or liquors except in the case of liquor given or per mined to be given to a per son under the age of twenty-one years by his parent or guardian and consumed in their pres- ence for beverage or me- dicinal purposes or administered to him by his physician or dentist for me- dicinal purposes only (Ord 1781 Sec 7 1976 prior code Sec 10-7 48) 9 20 120 STATE LI- QUOR LAW ADOPTED - PENALTY FOR VIOLA- TIONS The Washington State Liquor Act is adopted by reference together with any future amendments thereof or additions thereto and any violation of the Washington State Liquor Laws contained in the act within the limits of the city is a violation of this chapter and any persons violating any of the provisions of the State Liquor Laws shall upon convicting thereof be fined not more than three hundred dollars or be con fined in the city jail for a term of not more than ninety days or be punished by both such fine and im- prisonment (Ord 1781 Sec 8 1976 prior code Sec 10-5 124) 9 20 -tact -PURCHASE OF LIQUOR BY MINOR - PENALTY Any person vio- lating Section 9 20 110 or any provisions thereof is guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding three hun- dred dollars or by impris- onment in the city jail not exceeding thirty days or by both such fine and impris- onment (Ord 1781 Sec 9 1976 prior code Sec 10- 5 108) 9 20 140 ASSOCIATION WITH DRUNKARDS FOR UNLAWFUL PURPOSE It is unlawful for any person to associate with any intoxi- cated person for the pur pose of theft or robbery from that intoxicated per- son or another person (Ord 1781 Sec 10 1976) 9 20 150 CONSUMP- TION WITH PARK AND RECREATION FACILI- TIES Upon the conditions hereafter specified it is lawful to pen a package containing liquor or to pos- sess or display an open container of liquor or to consume liquor in those park and recreation build- ings or structures or other approved enclosed and re- stricted areas as specified by resolution of the city council The persons using such premises for the pur pose of opening a package containine liquor posses- sing or displaying an open container of liquor and/or consurnmg liquor must ob- lain a rental permit from the ' director of parks and recre- ation of the city of Pasco or his designee at the park and recreation office Such rental permit shall be is- sued on the following con- ditions (a) The applicant must produce evidence that he has a banquet permit from the Washington State Li- quor Control Board (b) Payment of rent in an amount fifty percent higher than egi regular rentai tee - (c) The applicant depos- its a sum of two hundred fifty dollars to insure proper performance of cleanup by the applicant subsequent to the event for which the ban- quet and rental permit is is- sued and for payment of damages (d) The applicant fur-, noshes to the city evidtteee D that he has in full force anal effect a liability insu 3 policy that includes howl r liability in an amount efooft t less than three huarratKI, thousand dollars bodiltilann jury or property dams, among out of or in any r connected with the useke the city facility by the appli- cant A surety bond 'amp- proved by the city In itithe same amounts may sut n biti tute for insurance (e) The applicant muutst affirm in writing that the atm- tendance at the function foor which the rental permit 'I is issued is not pursuant to a general invitation to thhe public but pursuant to invvi- tations to either specIficaNy named individuals or to ac").1 tual members of the appli 6. cant s organization t provided that the city coun col may waive this requirer , ment by resolution upon a showing by the applicant ,___ that special circumstances exist which would merit such waiver and that ad equate provisions have been made to accommo date the anticipated num bar of persons who attend the function for which the rental permit is issued (f) The applicant agrees that he or she will save the city of Pasco harmless from all losses or damage occa- sioned to him or her or to any third person or party by reason of any act or omis- sions of the applicant or anyone using the premises pursuant to the rental per mit He or shee shall after reasonable notice thereof pay the expense of any suit which may be commenced against the city of Pasco by any third person alleging in- jury or loss by reason of such acts (g) The applicant shall furnish written confirmation from the chief of police of the city of Pasco that ad equate provision has been made by the applicant for, police security and traffic control considering the type of activity purposed by the applicant (h) The applicant shall comply with all applicable fire codes and regulations (Ord 2333 Sec 1 1982) is now amended to read as follows CHAPTER 9 20 INTOXICATING LIQUOR Sections 9 20 010 State Alcholic Beverage Control Law Adopted - Penalty for Viola-1 bons 9 20 020 Consumption within park and recreation facilities 9 20 010 STATE ALCO- HOLIC BEVERAGE CON TROL LAW ADOPTED - PENALTY FOR VIOLA TIONS Title 66 RCW relat- ing to alcoholic beverage control as amended shall to the extent that its provt :mons are applicable to the police power of the city of Pasco be the law of the city of Pasco Every person who violates any provisions of Title 66 RCW and by refer ence thereof of this title shall be guilty of a violation of this chapter and the pa nalties for such violations as set forth in Title 66 RCW Including but not limited to RCW 66 44 180 shall be the penalties for a violation of this chapter not with standing any other provi- sion of Pasco Municipal Code 9 20 020 CONSUMP TION WITHIN PARK AND RECREATION FACILI- TIES Upon the conditions hereafter specified It is lawful to open a package containing liquor or to pos- sess or display an open o n mn ear liq u or loi qt u oi or tohr st eo park and recreation build-'" ings or structures or other approved enclosed and re- stricted areas as specified by resolution of the city council The persons using such premises for the pur- ' pose of opening a package containing liquor posses- sing or displaying an open container of liquor and/or 'consuming liquor must ob- tam a rental permit from the director of parks and recre- ation of the city of Pasco or his designee at the park and recreation offices , Such rental permit shall be issued on the following con, ditions (a) The applicant must produce evidence that he has a banquet permit from the Washington State Li- quor Control Board (b) Payment of rent in an amount fifty percent higher than the regular rental fee (c) The applicant depos its a sum of two hundred fifty dollars to insure proper, performance of cleanup by, the applicant subsequent to the event for which the ban quet and rental permit is Is- sued and for payment of, damages (d) -The applicant fur-' nishes to the city evidence that he has in full force and effect a liability inserarice; policy that includes liquor liability in an amount of not less than three hundred, thousand dollars bodily in jury coverage per person, and one hundred thousand1 dollars property damage coverage per incident coy enng any bodily injury or property damage arising out of or in any way con 1 nected with the use of the city facility by the applicant A surety bond approved by the city in the same j , amounts may substitute for Insurance 1 (e) The applicant must affirm in writing that the at- tendance at the function for which the rental permit is Issued is not pursuant to a general invitation to the public but pursuant to invi tations to either specifically named individuals or to ac- tual members of the ape!' cant s organization provided that the city coun cil may waive this require ment by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver and that ad equate provisions have been made to accommo date the anticipated hum bar of persons who attend the function for which 4 the rental permit is issued (f) The applicant agrees that he or she will save the city of Pasco harmless from all losses or damage occa sioned to him or her or to any third person or party by reason of any act or omis- sions of the rental permit He or she shall after reti- sonable notice thereof pay the expense of any suit which may be commenced against the city of Pasco by any third person alleging in Jury or loss by reason 01 such acts (9) The applicant shall furnish written confirmation from the chief of police of the city of Pasco that ad equate provision has been made by the applicant for police secunty and traffic control considering the' type of activity purposed by the applicant (h) The applicnt shall comply with all applicable fire codes and regulations (Ord 2333 Sec 1 1982) ' Section Two This ordi- nance shall take effect five (5) days after passage and publication according to PASSED this 1st day of July 1985 and approved by the Mayor -s-Joe W Jackson Mayor ATTEST -s-Evelyn Wells, City Clerk APPROVED AS TO FORM -s-Greg A Rubstelio City Attorney Legal No 19343 July 5, 1985 FINANCE DEPARTMENT 15091 545-3401 Sean 726-3401 CITY of PO BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 July 2, 1985 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn- Rochelle Dear Rochelle: Please publish the attached Ordinances on the following date: July 5, 1985 Please send two (2) Affidavits of Publication for each. Sinc rely ours, velyn Wells City Clerk ew