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liquor license waiver 9 9 21.docx
STAFF REPORT
CITY OF PALM DESERT
DEPARTMENT OF DEVELOPMENT SERVICES
MEETING DATE: September 30, 2021
PREPARED BY: Eric Ceja, Deputy Director of Development Services
REQUEST: Approve a temporary waiver to Palm Desert Municipal Code Sections
9.58.010 and 9.58.020 Consumption/Possession of Alcoholic
Beverages on Public Property for the sale and consumption of alcohol
at the Galen Building (APN 640-370-002 & -004) 72567 Highway 111 for
Fiscal Year 2021/2022.
Recommendation
By Minute Motion:
1. Approve a temporary waiver to Palm Desert Municipal Code (PDMC)
Sections 9.58.010 and 9.58.020 Possession/Consumption of Alcohol on
City Property in conjunction with events related to annually occurring
special events;
2. Authorize the City Manager to approve up to 10 temporary event waivers
to PDMC Sections 9.58.010 and 9.58.020 Possession/Consumptions of
Alcohol on City Property as needed throughout Fiscal Year 2021/2022; and
3. Authorize the City Manager to execute the California Department of
Alcoholic Beverage Control documents, as required.
Executive Summary
The Palm Desert Artist’s Council (“AC”) took the tenancy of the Galen Center on April 1, 2021.
This request is to allow the sale, possession, and consumption of alcohol on City property for up
to 11 events hosted by the AC.
Background
On April 1, 2021, the AC took possession of the City-owned building know as the Galen Building
(APN 640-370-004) and the Garden Pavilion and Fountain (APN 640-370-002), as well as joint
use with the Palm Springs Arts Museum of both the Carriage Lane (APN 640-370-008) and
Sculpture Garden (APN 640-370-001) all located at 72567 Highway 111 in Palm Desert.
According to the Artist’s Council website:
“The Artists Council, now in its third year as an independent organization
recognized by the IRS as a 501(c)(3) tax-exempt non-profit, promotes the art and
artists of the Coachella Valley and beyond through our mission: “Elevating artists
through exhibitions, professional development, and community engagement".
W:\Staff Reports - Shared 2\Staff Reports 09-30-2021\4 - Norma - 09-30-2021\06 Artist's Council Waiver\01 SR Artists Council
liquor license waiver 9 9 21.docx
We do this by offering a robust program of exhibitions, art and business-of-art
classes, workshops, lectures, critiques, salons, book clubs, and social
gatherings”
Since taking possession of the building, the AC has been working with a variety of City staff in
preparing the space for its use.
The AC is requesting a temporary waiver of the PDMC for their opening event. The proposed
event, scheduled for October 15, 2021, is an opening reception that expects to entertain 600 to
900 guests at the site, with a special viewing reception starting at 4:00 p.m. The AC would like
to have the option to serve alcohol at this and future events. Their lease with the City does not
prohibit alcohol from being served for events, so long as appropriate waivers and insurance are
filed prior to the event. Waiver of the City’s PDMC will still require the Chamber to hold
appropriate insurance for use of the building and obtain necessary permits, and adherence, for
ABC licensing requirements.
Therefore, in addition to this event, staff would like to have the ability to approve up to 10
additional events that would include serving alcohol. The events include receptions for dates on
10/15/21, 2/07/22, and 4/01/22. In addition, the tenant proposes three to four (3-4) wine dinners
inside the facility on the 4th Wednesday of every month between 1/2022 and 5/2022. Those
events would be subject to final approval by the City Manager. Having a reserve of flexible event
waivers would assist staff in managing operations with the Galen Building. Staff will work with
the AC to ensure they will have the requisite liquor liability insurance information on file with the
City prior to this and any future events.
PDMC Section 9.58.040 authorizes waivers by the City Council and/or the City Manager. Staff
is recommending the City Council adopt the recommendations provided in this report.
Fiscal Analysis:
There is no fiscal impact to the City related to staff’s recommendation.
LEGAL REVIEW DEPT. REVIEW DEPT. REVIEW FINANCIAL
REVIEW
ASSISTANT CITY
MANAGER
RH
Robert W.
Hargreaves
City Attorney
Eric Ceja
Eric Ceja
Deputy Dir. of
Development
Services
Martin Alvarez
Martin Alvarez
Dir. of
Development
Services
N/A
Janet Moore
Director of
Finance
Andy Firestine
Andy Firestine
Assistant City
Manager
City Manager: L. Todd Hileman: L. Todd Hileman
APPLICANT: The Artist’s Council
Attn: David Hatcher
72567 Highway 111
Palm Desert, CA 92260
ATTACHMENTS: Copy of PDMC Sections 9.58.010 and 9.58.020
PALM DESERT MUNICIPAL CODE:
9.58.010 Consumption of alcoholic beverages on public property.
No person shall drink, use or consume any alcoholic beverage, as defined in Section
23004 (and related sections) of the Business and Professions Code of the state, upon
any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly
owned property which is open to the use or the business of the public at the time, but
which place is not licensed for the consumption of such beverage on the premises. The
provisions of this section shall not apply, however, to the park and recreation area
regulated elsewhere in this code. (Ord. 391 § 1, 1984)
9.58.020 Possession of alcoholic beverages on public property.
No person shall, in or upon any of the places listed in Section 9.58.010 of this chapter,
have in possession any alcoholic beverage defined as in Section 9.58.010 of this chapter
contained in any bottle, can, or other receptacle, which has been partially removed;
provided, that this section shall not apply when the beverage is in possession at the time
strictly for the purpose of transporting it, along with other items, briefly and temporarily
and directly through a place listed in Section 9.58.010 of this chapter. Further, this section
shall not apply to park and recreation area, regulated elsewhere in this code. (Ord. 391 §
1, 1984)
CITY COUNCIL�TION
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W:\Staff Reports - Shared 2\Staff RepoRs 09-30-2021\4 - Norma - 09-30-2021\06 ArtisYs Council Waiver\01 SR Artists Council
liquor license waiver 9 9 21.docx