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HomeMy WebLinkAboutPalm Desert Evening Farmers Market Events - WaiverX- 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. This document is provided for informational purposes only. Please read the full disclaimer. Links: Milli • M0 rl I.- l .. 11 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) View the mobile version. httpJ/gcode.us/codcs/palmdesert/t3/2/2015 9:36:06 AM]