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HomeMy WebLinkAbout3038 OrdinanceORDINANCE NO. 3 03 Y AN ORDINANCE permitting the dispensing and consumption of beer/wine in Peanuts Park and along West Lewis Street between Third and Fourth Avenues at the Pasco Autumn Festival on September 10 and 11,1994 The City Council of the City of Pasco, Washington, do ordain as follows: §1. On the conditions hereafter specified, it is lawful for the Pasco Downtown Development Association, a non-profit organization, to dispense beer/wine at a designated location within Peanuts Park, during the Pasco Autumn Festival on September 10 and 11, 1994, and for persons of legal age to possess, display or consume such beer/wine at such designated location during the festival Provided, however, before dispensing beer/wine at the festival, the Association must first obtain a permit to do so from the Director of Parks and Recreation Such permit shall be issued only upon the following conditions (a) The applicant must produce evidence of possession of permit from the Washington State Liquor Control Board, and (b) The applicant must deposit a sum of Two Hundred and Fifty Dollars ($250 00) to insure proper performance of cleanup by the applicant subsequent to the event for which the permit is issued and for payment of damages, and (c) The payment of a fee in the amount of One Hundred and Fifty Dollars (4150 00) The fee may be waived if the City Council finds that there is no private profit to be derived from the dispension of the beer/wine by the applicant organization, or any other members or representatives thereof, and (d) The applicant agrees that he or she will save the City of Pasco harmless from all losses or damages occasioned to the applicant or to any third person or party by reason of any act or omissions of the applicant or anyone dispensing, consuming or possessing beer/wine pursuant to the permit Applicant 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, and (e) Agreement by the applicant to comply with all reasonable requests by the Director of Parks and Recreation for security, traffic control, dispensing beer/wine and cleanup, and (f) The applicant shall comply with all other applicable city codes and regulations It is understood that the Association intends that the Pasco Jaycees manage the "beer/wine garden" and such is within the permission to the Association granted by this Ordinance §2. This ordinance shall take effect five (5) days after passage and publication according to law PASSED by the City Council of the City of Pasco at a Regular Meeting this 1st day of August, 1994 c."-- DEFELICE, Mayor ATTEST: APPROVED AS TO FORM: CATHERINE D. SEAMAN Deputy City Clerk Ordinance No permitting the dispensing and consumption of beer/wine in Peanuts Park and along West Lewis Street between Third and Fourth Avenues at the Pasco Autumn Festival on September 10 and 11, 1994 Page 2 111 11111114.. PXgEo f FINANCE DEPAR I MENT (509) 545 3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WES1 CLARK, PASCO, WASHINGTON 99301 August 2, 1994 Tn-City Herald P 0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3037 & 3038 on the following date August 7, 1994 Please send two (2) Affidavits of Publication for each Thank you, Catherine D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included 11 1 111 1 11 1 111 1 Po ,, 1 LgiVig0 AUG 1 8 1994 FINANCE EPT Nota/public in and for the State of Wash- ington, residing at F ASCU NA COMMISSION EXPIRES 7- "v,‘ '----!Tc-v 030 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 1ffeal MOVEOTOZ002 INVOICE SOLD TO F AO, C 1 TY OF LFGALS P.O. FOX 8 -9 -.7 FASCO WA DATE 4)8 '07 /1'41 LEGAL NO #1 4(41 ACCOUNT NO 5 "5 :11) DESCRIPTION Mud /ORMNANCF NO . "8 A TIMES "01 INCHES Cl /0 Oio FR3 1/ TOTALL,V 104 , 02 NOTOCE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment 1-ORDINANCE 410 338 AN OP7.71INANl. E permit- ting the dispensing and consumption of beer/wine in Peanuts Park and along West Lewis Street between Third and Fourth Avenues, at the Pasco Autumn Fes- tival on September 10 and [11 1994 The City Council of the City of Pasco Washington do ordain as follows I§1 On the conditions here- after specified it is lawful' for the Pasco Downtown Development Association a non profit organization to dispense beer/wine at a designated location within Peanuts Park during the Pasco Autumn Festival on September 10 and 11 1994 and for persons of legal age to possess dis play or consume such beer/wine at such desig- nated location during the festival Provided however before dispensing beer/ wine at the festival the As- sociation must first obtain a permit to do so from the Director of Parks and Re creation Such permit shall be issued only upon the following conditions (a) The applicant must pro- duce evidence of posses- sion of permit from the Washington state Liquor , Control Board and (b) The applicant must de , posit a sum of Two Hun ' dred and Fifty Dollars ($250 00) to insure proper performance of cleanup by the applicant subsequent to the event for which the permit is issued and for payment of damages and (c) The payment of a fee in the amount of One Hun dred and Fifty Dollars ($150 00) The fee may be waived if the City Council finds that there is no pri- vate profit to be derived from the dispension of the beer/wine by the applicant organization or any other members or representa fives thereof and (d) The applicant agrees that he or she will save the City of Pasco Harmless from all losses or damages occasioned to the applicant or to any third person or party by reason of any act or omissions of the appli cant or anyone dispensing consuming or possession beer/wine pursuant to the permit Applicant 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 and (e) Agreement by the appli cant to comply with all rea- sonable requests by the Di rector of Parks and Recreation for security traffic control dispensing beer/wine and cleanup and (f) The applicant shall com- ply with all other applicable city codes and regulations It is understood that the Association intends that the Pasco Jaycees man age the beer/wine garden 1 and such is within the per-1 mission to the Association, granted by this Ordinance §2 This ordinance shalll take effect five (5) days, after passage and publica- tion according to law PASSED by the City Coun- cil of the City of Pasco at a Regular Meeting this 1st day of August 1994 s- Joyce DeFelice Mayor Attest s- Catherine D Seaman Deputy City Clerk Approved As To Form s- Gre,)A- Rul-stello City Attorney #1402 8/7/94 AYR:DAMN PUDESC/M00 COUNTY OF BENTON SS STATE OF WASHINGTON CARLA ALFORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-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 hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 1 1 1.02/ORDINANCE NO . 7,076 A as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on oC/07/c4 11 , and ending on 06/07/q 14 , and that said newspaper was regulary distributed to its subscribers during all of this period pia Sggtof SUBSCRIBED AND SWORN BEFORE ME THIS < TRANSACTION REPORT > 08-02-1994(TUE) 09 08 [ --1- FR iv r-i I --r- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 4237 8-02 09 05 15095821453 7 0°02'53 NORM E OK 7 0°02 53 AGENDA REPORT NO. 54 TO City Council July 29, 1994 FROM Gary Crutchfiel anager Reg Mtg 8/1/94 SUBJECT Beer/Wine Garden for Autumn Festival I. REFERENCE(S): 1 Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 8/1: MOTION: I move to adopt Ordinance No , conditionally permitting the conduct of a beer/wine garden in conjunction with the Pasco Autumn Festival III. HISTORY AND FACTS BRIEF: A) The Pasco Downtown Development Association is sponsoring the 10th Annual Autumn Festival This year, the festival will be held on September 10 and 11 B) As in past years, the Festival Committee is requesting city authorization to use Peanuts Park for a beer/wine garden in conjunction with the festival W. DISCUSSION: A) City ordinances prohibit the dispensing or consumption of alcoholic beverages in public places, however, Council may, by ordinance, permit exceptions to that general rule (previous Grand Ole Fourth Celebrations and Autumn Festivals) B) The Downtown Association is in the process of applying for a state liquor permit for this activity and would be required to conduct the activity in strict accordance with the Liquor Board's requirements (i e, designated and roped area, service to persons at least 21 years of age, restricted hours of operation, etc ) C) Staff recommends Council adopt this ordinance 6) ORDINANCE NO. AN ORDINANCE permitting the dispensing and consumption of beer/wine in Peanuts Park and along West Lewis Street between Third and Fourth Avenues at the Pasco Autumn Festival on September 10 and 11, 1994 The City Council of the City of Pasco, Washington, do ordain as follows §1. On the conditions hereafter specified, it is lawful for the Pasco Downtown Development Association, a non-profit organization, to dispense beer/wine at a designated location within Peanuts Park, during the Pasco Autumn Festival on September 10 and 11, 1994, and for persons of legal age to possess, display or consume such beer/wine at such designated location during the festival Provided, however, before dispensing beer/wine at the festival, the Association must first obtain a permit to do so from the Director of Parks and Recreation Such permit shall be issued only upon the following conditions (a) The applicant must produce evidence of possession of permit from the Washington State Liquor Control Board, and (b) The applicant must deposit a sum of Two Hundred and Fifty Dollars ($250 00) to insure proper performance of cleanup by the applicant subsequent to the event for which the permit is issued and for payment of damages, and (c) The payment of a fee in the amount of One Hundred and Fifty Dollars (4150 00) The fee may be waived if the City Council finds that there is no private profit to be derived from the dispension of the beer/wine by the applicant organization, or any other members or representatives thereof, and (d) The applicant agrees that he or she will save the City of Pasco harmless from all losses or damages occasioned to the applicant or to any third person or party by reason of any act or omissions of the applicant or anyone dispensing, consuming or possessing beer/wine pursuant to the permit Applicant 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, and (e) Agreement by the applicant to comply with all reasonable requests by the Director of Parks and Recreation for security, traffic control, dispensing beer/wine and cleanup, and (f) The applicant shall comply with all other applicable city codes and regulations It is understood that the Association intends that the Pasco Jaycees manage the "beer/wine garden" and such is within the permission to the Association granted by this Ordinance §2. This ordinance shall take effect five (5) days after passage and publication according to law PASSED by the City Council of the City of Pasco at a Regular Meeting this 1st day of August, 1994 JOYCE DEFELICE, Mayor ATTEST: APPROVED AS TO FORM: CATHERINE D. SEAMAN GREG A. RUBSTELLO Deputy City Clerk City Attorney Ordinance No permitting the dispensing and consumption of beer/wine in Peanuts Park and along West Lewis Street between Third and Fourth Avenues at the Pasco Autumn Festival on September 10 and 11,1994 Page 2