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HomeMy WebLinkAbout10 PDACC license temporary waiverW:\Staff Reports - Shared 2\Staff Reports 10-14-2021\4 - Norma - 10-14-2021\10 PDACC Alcohol Waiver\SR Chamber liquor license waiver 10.14.21.docx STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF DEVELOPMENT SERVICES MEETING DATE: October 14, 2021 PREPARED BY: Eric Ceja, Deputy Director of Development Services/Economic Development REQUEST: Approve a temporary waiver to Palm Desert Municipal Code Section 9.58.010 (Consumption of alcoholic beverages on public property) for the sale and consumption of alcohol at the Henderson Building located at 72559 Highway 111, Palm Desert, CA (APN 640-370- 015). Recommendation By Minute Motion: 1. Approve a temporary waiver to Palm Desert Municipal Code (PDMC) Sections 9.58.10 and 9.58.20 (Possession/Consumption of Alcohol on City Property) in conjunction with events related to First Weekend and annually occurring special events. 2. Authorize the City Manager to approve up to ten (10) additional temporary event waivers to PDMC Sections 9.58.10 and 9.8.20 (Possession/Consumptions of Alcohol on City Property) as needed throughout FY 21/22. 3. Authorize the City Manager to execute and California Department of Alcoholic Beverage Control documents, as required. Executive Summary The Palm Desert Chamber of Commerce seeks to host multiple events at which there will be alcohol served at the City owned facility located at 72559 Highway 111. This staff report provides the appropriate waivers in order for the PDCC and its vendors to secure alcohol permits from ABC. Background The PDCC is requesting a temporary waiver of the municipal code for a series fo events at the City owned Henderson Building. The proposed event, scheduled for October 8, 2021, is a business open house reception, that expects to host 100s of guests. The PDCC would like to have the option to serve alcohol at this, and future events. Their lease with the City does not prohibit alcohol being served for events, so long as appropriate waivers and insurance is filed prior to the event. Therefore, in addition to this event, staff would like to have the ability for approval up to ten (10) additional events that would include serving alcohol. The additional future 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 Henderson Building. Staff will work with the PDCC to ensure they will have the requisite liquor liability insurance information on file with the City prior to this and any future events . 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 N/A Robert W . Hargreaves City Attorney City Manager: APPLICANT: Attachments: DEPT. REVIEW DEPT. REVIEW FINANCIAL REVIEW &-1e Ori fv1 o.,.y-fvv Al.,w..,,,-v,z, N/A Eric Ceja Martin Alvarez Deputy Dir. of Dir. of Development Janet Moore Development Services Director of Services Finance L. Todd Hileman: L. Too!o! Hi-Levt-tCIV\, Palm Desert Area Chamber of Commerce 72559 Highway 111 Palm Desert, CA 92260 Attn: Randy Florence ASSISTANT CITY MANAGER .'Andy :fires tine Andy Firestine Assistant City Manaqer Copy of Palm Desert Municipal Code 9.58.10 and 9 .58.20 (Possession/Consumption of Alcohol on City Property) CITY COUNCIL OC TION APPROVED _____ DENfED _____ _ RECEIVED ______ OTHER _____ _ MEETING DATR -lD-· ... I .... Y ... · ..... UJ_i,, __ 1 ______ .....,. AYES! ·Har hiK;torw:htibr Neswnde j Qu, nm h,I IQ t Kell y NOES: _..._~ ... '0-~--------------ABSENT: _N __ b __ n_e __________ _ ABSTAIN: No he VERIFIED BY: NI P,: i Srs Original on File with City Clerk's Office W:\Staff Reports -Shared 2\Staff Reports 10 -14-2021 \4 -Norma -10-14-2021\10 PDACC Alcohol Waiver\SR Chamber liquor license waiver 10 .14 .21 .docx W:\Staff Reports - Shared 2\Staff Reports 10-14-2021\4 - Norma - 10-14-2021\10 PDACC Alcohol Waiver\SR Chamber liquor license waiver 10.14.21.docx Copy of Palm Desert Municipal Code 9.58.10 and 9.58.20 (Possession/Consumption of Alcohol on City Property) 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)