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CITY OF PALM DESERT
CITY MANAGERS OFFICE
STAFF REPORT
REQUEST: CONSIDERATION OF APPROVAL FOR TEMPORARY USE OF
ALCOHOL FOR THE PALM DESERT EVENING FARMERS
MARKET EVENTS LOCATED AT 72559 HIGHWAY 111.
SUBMITTED BY: Ryan Stendell, Senior Management Analyst
DATE: March 12, 2015
CONTENTS: Copy of PDMC 9.58 (Public Drinking and Liquor Possession)
Recommendation
By Minute Motion, approve the temporary waiver to Palm Desert Municipal
Code (PDMC) Section 9.58 (Possession/Consumption of Alcohol on City
Property) in conjunction with the Evening Farmers Market Events.
Backaround
The Palm Desert Farmer's Market was started as a Wednesday morning/afternoon
event and has been successful to date. Staff discussions with the event promoter have
always indicated the need for additional evening hours so that working residents could
have access to the market. In response to our requests, the Farmer's Market has
changed its schedule to accommodate an evening market on the first Wednesday of
each month.
The first evening market was held in February and was a tremendous success. The
Farmer's Market has expanded the evening events to include more food vendors in
hopes of drawing additional patrons to shop and eat. The Market has requested the
ability to host local beer and wine tastings as a part of the evening markets as well. Staff
believes this provides yet another opportunity to showcase local products to our
residents.
Fiscal Analysis
There is no financial impact to the City relating to staffs recommendation.
Submitt y:
Ryan Stendell,
Senior Management Analyst
G
ohn M. Wohlmuth, City Manager
Palm Desert Municipal Code (Palm Desert, California)
Palm Desert
Municipal Code
Palm Desert,
California
Current through
Ordinance 1278 and the
February 2015 code
supplement. For more
recent amendments to
this code, refer to the
CodeAlert page.
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Contact:
Palm Desert City Clerk:
(760) 346-0611, Ext.
304
rklassen(d)ci.palm-
desert.ca.iis
Chapter 9.58 PUBLIC DRINKING AND LIQUOR POSSESSION
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)
9.58.030 Consumption/possession of alcoholic beverages on privately owned
property.
No person shall do or commit any act prohibited in Section 9.58.010 or 9.58.020 of this
chapter when such person is upon privately owned property rather than publicly owned
property, which privately owned property is open to the use or patronage of the general
public at the time, unless the person doing or committing the act has the express or implied
permission or invitation so to do from the owner or lessee or other person in charge of the
private property or business premises involved. (Ord. 391 § 1, 1984)
9.58.040 Consumption/possession of alcoholic beverages on property where permit
issued by city.
Sections 9.58.010 and 9.58.020 of this chapter shall not apply to consumption or
possession of alcoholic beverages on city -owned property pursuant to any permit,
entitlement or other permission issued or given by the city manager or city council in
connection with the holding of a special event on or at the place or premises where the
consumption or possession would otherwise be prohibited, nor shall Section 9.58.010 or
9.58.020 apply with respect to public property owned and controlled by a public entity other
than the city if the other public entity has given its express or implied permission or
invitation allowing use of the premises for purposes otherwise prohibited in Section
9.58.010 or 9.58.020 of this chapter. (Ord. 391 § 1, 1984)
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