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HomeMy WebLinkAbout5.F.10. Amendment to City Code regarding Alcoholic Beverages in City Parks-Ord. No. 802 Sf) U\v CITY OF SHAKOPEE Memorandum CO~JSE~JT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amendment to City Code Regarding Alcoholic Beverages in City Parks DATE: June 27, 2008 INTRODUCTION: City Council is asked to consider adopting an amendment to the City Code that will prohibit the possession and consumption of 3.2 percent alcohol in a city park when the City has issued a temporary 3.2 percent malt liquor license in conjunction with a civic or community event being held at a City park. BACKGROUND: At the June 17, 2008 city council meeting, members of the Shakopee Jaycees asked the city council to prohibit the public from bringing beer into Huber Park during the upcoming Derby Days celebration. The Jaycees are obtaining a temporary beer license for a beer garden during the Derby Days celebration and proceeds from the beer sales will help pay for the Jaycees sponsorship of some of the activities, including the bands that will be performing throughout the weekend. The city attorney has prepared the attached Ordinance No. 802 which addresses the request of the Shakopee Jaycees. ALTERNATIVES: 1. Adopt Ordinance 802 as drafted 2. Do not adopt Ordinance 802 3. Amend Ordinance 802 RECOMMENDED ACTION: Offer Ordinance No. 802, Fourth Series, An Ordinance Amending City Code Section 5.092 Pertaining to Consumption and Possession of Alcoholic Beverages in City Parks, and move its adoption. ORDINANCE NO. 802, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 5.092 PERTAINING TO CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN CITY PARKS (New language is indicated by underlining and deleted language is indicated by strikethroughs) THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.092 is amended to read as follows: SEC. 5.092. CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON STREETS, PUBLIC PROPERTY, PRIVATE PARKING LOTS TO WHICH THE PUBLIC HAS ACCESS, AND OTHER PRIVATE PROPERTY. It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any (1) City park, (2) street, (3) public property, or (4) private parking lot to which the public has access, except on such premises when and where permission has been specifically granted or licensed by the Council. It is also unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any private property of another which is not a private parking lot to which the public has access, without a specific oral or written invitation or permit to do so from the owner, lessee, or other person in lawful possession of such property. Provided, that this Section shall not apply to the possession of an unsealed container in a motor vehicle when the container is kept in the trunk of such vehicle if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this Section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. Provided, however, that it is not a violation of this Section to consume or possess in an unsealed container any 3.2 percent malt liquor in a City park where such possession and consumption is in a picnic, grandstand or shelter area. Provided further, however, that this exception pertaining to 3.2 percent malt liquor does not apply during the time for which the City has issued a temporary 3.2 percent malt liquor license in coni unction with a civic or community event being held at a City park. Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of ,2008. Mayor of the City of Shako pee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2008.