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Home My WebLink AboutMartha's Village & Kitchen 4th Annual Thanksgiving Day 5K CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS STAFF REPORT REQUEST: CONSIDERATION OF APPROVAL FOR TEMPORARY USE OF ALCOHOL AND FEE WAIVERS FOR THE MARTHA'S VILLAGE & KITCHEN 4T" ANNUAL THANKSGIVING DAY 5K TO BE HELD AT PALM DESERT CIVIC CENTER PARK SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: July 8, 2010 CONDITIONS: Correspondence Copy of PDMC 11.01.080 W (Parks, Prohibited Conduct) Copy of PDMC 9.58.040 (Public Drinking and Liquor Possession) Recommendation By Minute Motion: 1. Deny the temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.080 W (Possession/Consumption of Alcohol in City Parks) pursuant to PDMC 9.58.040; and 2. Grant a waiver of fees in the amount of $40 for the Martha's Village & Kitchen 4th Annual Thanksgiving Day 5k at Civic Center Park. Backqround Martha's Village & Kitchen has reserved the Civic Center Amphitheater area as the staging point for their 4th Annual Thanksgiving Day 5k to be held on November 25, 2010. For the past three years this event has been held at the La Quinta Park, but due to continual increases in registrations a larger venue is needed. The organizers of the event feel that the Civic Center Park would provide them a beautiful venue and many years of continued growth for one of their largest fundraisers of the year. Martha's Village & Kitchen has submitted a letter to the City requesting a waiver of fees for the rental of the park, and a temporary waiver to allow the event to serve alcohol in the park at the conclusion of the 5K. Martha's Village & Kitchen has indicated that for the past three years they have provided a complimentary beer garden to participants age 21 and over. The beer garden would be a fenced off and staffed by security guards. Each participant age 21 and over would be allowed two 8-ounce glasses of beer. Staff and the police department do not believe that serving alcohol is appropriate for this event and; therefore, do not recommend the waiver of PDMC Section 11.01.080W. Staff Report Martha's Viilage 4th Annual Thanksgiving Day 5K July 8, 2010 Page 2 of 2 The bulk of the fees associated with this event are monies charged by the Desert Recreation District (DRD) for administration charges and providing dedicated staffing to the event. These fees are collected by the DRD and are part of their revenue stream. Martha's Village & Kitchen is pursuing a fee waiver from the DRD independent of this report. Fiscal Analvsis There is no financial burden on the City for the proposed event. The proposed fee waiver will result in the loss of$40, which the DRD charges on the City's behalf. Submitted By: Depart ad: Ryan Sten ell Mark Green ood, P.E. Senior M age nt Analyst Director of ublic Works �u- CITY COUNCIL AC�TON Paul S. son APPROVED DENI'L�D Director Finance RECEIVED OTHER MEETI G DA � � Approval: AYES: ` ' ' �� NOES: � 2,L� �5 ABSENT: AI3STAIN: � Jo . ohlmuth, City Manager v[:I��FtE� I�Y: � � ns•i�;inal on File with City C4 's Office t�/ r�)fR(ff(C�ISJX�� ``*.�, ,, Martha's Village&Kitchen ,Q _� ` 83791 Date Avenue.Indio,Califom�a 92201-4737 � P.760.347.4741 •F:760.3q7-9551 —�r,, � Dan Dunlap Center ��^- www.rnarthasvillage.org•fed Tax ID#33-0777B92 �� r4��` . ��r . _,� �� Y ' . ,_�w� June 4,2010 t��GE1VE� John M. Wolmuth City Manager �I�N — � ��'�� City of Palm Desert �� . 73510 Fred Waring Drive Palm Desert, CA 92260 Dear John, Martha's Village&Kitchen is hosting their 4�'Annual Thanksgiving Day SK at the Palm Desert Civic Center Park on Thanksgiving morning,November 25, 2010. This event is one of our lazgest fundraisers of the yeaz and we are pleased that the City of Pa1m Desert has granted us permission to move the event to your beautiful park. The past three yeazs we have hosted the Thanksgiving Day SK in La Quinta Park. The amount of participants from 2008 to 2009 doubled and we are expecting 2,500 participants for 2010! This is the reason for the venue change; we know that this event can continue to grow for years to come at the Civic Center. The Tl�anlcsgiving Day SK brings out an azray of participants; competitive runners,families,casual walkers with their dogs, all coming together on a holiday to raise money to help feed our neighbors in need. With that being said we were hoping that the City of Palm Desert could waive any rental fees for the park in hopes of keeping the costs of the event down to raise more money for our neighbors in need. Also,the past 3 years we have provided a complimentary beer garden to participants 21 and over. This beer garden is fenced off and staffed by our security guards. Each participant of legal drinking age is allowed 2- 8 ounce glasses of beers each. This is a service we would Iike to continue to provide to our participants. We are awaze of your no alcohol policy at the pazk,but aze hoping you will waive the policy for this special event. Please feel free to contact me with any questions about or requests. in rely, � Mark Wasserman Director of Charitable Giving A Partner Asency of: (�FATHER JOE'S cc: Ryan Stendell '�VI LLAGES� , STATEMENT ;ecelpt# 235558 �tatement Date: 05/01/2010 �tatement#: 119 lousehold#: 5236 lome Phone: (760�41-9829 Vork Phone: (760) MARTHAS VILLAGE Desert Recreaation District 83791 DATE STREET Administration Office INDIO CA 92201 45-305 Oasis Street Indio CA 92201-3870 Phone:(760}347-3484 Visit us Online at WWW.DESERTRECREATIONDISTF acility Reservation Detaiis Fac�ny: PD Civic Center Park,PD Amphttheater �d+'�� 43900 San Pabb Ave.,Palm Desert,CA,92260 �rv.��: Marthas Viilage,Ceil:(700j399-261$ Reserv.Number. 4459 Status: Firm Pumose: 5 K Walk Date � �� + 11/25/2010 Thu 4:OOA to 1:OOP �g�pT,p�p '� "� � 0.00 � Fee petails: Fee Descxiotlon q�M �rn ��t PD Mafnt Worker 40.00 9.00 -'�� Total Fee. PD PavGion Gvic Ad 0.00 0.00 380.00 20.00 1.00 0.00 0.00 20.00 PD PaviUai Rerrtal 230.00 1.00 0.00 0.00 230.00 ae��o: Charged: 100.00 Paid: 0.00 Balance Due: 100.00 Faa+�: PD Civtc Center Park,Pavilflon#1 �d�: 43900 San Pabb Ave.,Palm Desert,CA,92260 r�eserv.cor�aa: Marthas Village� C�l1:(70p)399-2618 Reserv.Number: 4459 stacus: Firm ��a�e: 5 K Walk pate p� Time � 11/25R010 Thu 4:OOA to 1:OOP 280,pp � � '-� �O��e 0.00 0.00 250.00 Fee Detatls: D on Amount Count Q(�p� Saies TaY T�aI F�e PD Pavllion Rental 230.00 1.00 0.00 0.00 230.00 PD Paviilon Civic Ad 20.00 1.00 0.00 0.00 20.00 �e�Osn�nfo: Charged: 900,00 Paid: 0.00 Balance Due: 100.00 TOTAL INVOICED FEES 1 �� TOTAL INVOICED�ISCOUNTS 0.00 PREViOUS AMOUNT PAID AGAiNST FEES p� CURRENT{NVOICE AAAOUNT DUE 1,060.00 CURRENT OVERALL HOUSEHOLD BALANCE �,pgp.� � 11.O1.Q80 Prolubited conduct generally. Page 1 of 2 Paim Desert Municipal Cade �P �revio�as Next B�aea� ��erch �rir�t TitfE �t P,hRICS �t�apker 1�01 GENF,�,q�PR�?YISIONS 11.a1.080 Prohibited condud generally. Within the limits of any public pazk or recreation area of the city,no person shalL• A• Ride or drive any horse or other animal,or prope►any vehicle,cycle or automobile,except at a place especially designated and provided for such putpose; B. Carry or discharge any firearm,air gun,slingshot or other device designed or intended to discharge,or capable of discharging any dangerous missile,providai that this�ubseccion shalt not apply to any peaee officer or other person lawfully licensed to carry a concealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons(e.g.private patroi services and bodyguards); C. Carry or discharge any firecracker,rocket,torpedo or any other fireworks,provided that this subsection shall not be deemed to prohibit the possession or use of safe and sane fireworks not otherwise prohibited by law,at places designated or provided for such pu��; D. Cut,break,injure,deface or disturb any tree,shrub,plant,rock,building,cage,pen,monument,fence,bench or other structure, apparatus or property;or pluck,pu!!up,cut,take or remove any shrub,bush,plant or flower;or mazk or write upon,paint or deface in any manner,any building,monument,fence,bench or other structure; E. Cut or remove any wood,turf,grass,soii,rock,sand,gravel,or fertilizer; F. Swim,bathe,wade in or pollute the water of any fountain,pond,lake or stream,except at a place especially designated and provided for such purpose; G. Make or kindle a fire except in a picnic stove,brazier, fire pit or other approptiate device provided or approved for that purpose by the public authorities; H. Camp or lodge therein at any time,or othcrwisc remain ovemight,whether or not in a structure permanently affixed to the ground,except at a place espxially designated and provided for such purpose(including,if ovemight camping is involved,the placc shall have been cleared for such use by the chief of police); I. Wash dishes or empty salt water or other waste liquids elsewhere than in facilities provided for such purpose; J. Leave garbage,cans,bottles,papers or other refuse elsewhere than in receptacles provided therefor; K. Play or bet at or against any game which is played,conducted,dcalt or carried on with cards,dice or other device,for money, chips,shells,credit or any other representative of value,or maintain or exhibit any gambling table or other instrument of gambling or gaming; L. Indulge in riotous,offensive,threaten3ng or indecent conduct,or abusive,threatening,profane or indecent language; M. Disturb in any unreasonable manner any picnie,meeting,service,concert,exercise or exhibition; N. Distribute any commercial handbi�l without a prior permit to do so from the department of code enforcement or city manager, which permit shall be issued only after due processing of an app�ication and then anly if the city manager determines that it would be affirmatively in the pubiic interest to aliow upon public property the commercial acrivity involved; O. Post,place,erect,or(eave posted,placed or erected,any commercial or noncommercial bill,handbill,circular,notice,paper,or advertising device or matter of any kindt,in or upon any building,structure,po1e,wire or other architectural or natural feature of whatever character,except upon a bulletin boazd or such place especially designated and provided for such purposes,unless prior approval to do so has been obtained&om the city manager,which approva3 shall be given only if the city manager determines that it would be affirmatively in the public interest to allow the use of public property for such purposes,or that constitutional principles require that the same be allowed; P. Place barricades,ropes,tape or other restricting device for the purpose of limiting the use of any park amenity from persons or groups unless prior approval to do has been obtained from the diroctor or city manager.Which approval shall be given only to city personnel or city designee to instalt or inspect"snstallation; Q. Sell or offer for sale any merchandise,article or thing whatscever,or practice,carry on,conduct or soticit for,any trade, occupation,business or profession,unless such activity has been expressly allowed pursuant to specific provisions to such effect contained in either:a cone�sion agreement or franchise or the like duly entered rnto or granted by the city council; R. Remain,stay or loiter therein between the hours of eleven�.m,and dawn of the following day,except while attending a gathering or meeting for which a pennit has been issued or which is being sponsored or conducted by the city departmea�t of communiry services.This subsection shall not apply to persons lawfully lodging,camping or otherwise remaining overnight at a place especially designated and provided for such purposes(including,if ovemight camping is involved,the place shall have been cleared for such use by _ ` 11.01.080 Prohibited conduct generally. � Page 2 of 2 the chief of police); S. Use any restroom,washroom or dressing faciiity designated for the opposite sex,except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person; T. Row,sai!or operate any boat,craft or other device,on or in any pond,lake,stream or water except at such place as is especially designated and provided for use of such boat,craft or device; U. Hunt,frighten,chase,set snare for,catch,injure or destroy any animai or bird,or destroy,remove or disturb any of the young or eggs of same,or injure or maltreat any domestic or other animal; V. Fish with hook and line,seine,trap,spear or net,or by any other means,in any pond,lake,stream or water,except at a place especially designated and provided for such purpose; W. No person shail bring into,consume or have in their possession in any park an alcoholic beverage as defined in Section 11.01.010,except as provided by Section 9.58.040 of this code; X. No person shall urinate or evacuate their bowels within any public area except in a public restroom.(Ord.751 § 1 (part), 1994; Ord.750§ 1 (part), 1994) 9.58.040 Consumption/possession of alcoholic beverages on property where permit issued... Pa e 1 of 1 g Pe�m Desert Municipal Cade �T� F�r�uioe�s Next Marn Ttle'�'P 1B(dC'REef'� r�r� ��ch �'ri�at ��..�+x� I tAiCl Cnni Vlti. P9JBlI DRIt�f�CING"ND t-I(?UOR Fp�SESSION Chapter 9.5$PUBLtC DRII�KING AND LIOUOR Pt}SSfSSICM+� 9.58.040 Consumption/possession of alcoholic beverages on property where p��u��, Sections 9.58.010 and 9.58.020 of this chapter shall not apply to consum tion or property pursuant to an P Possession of alcoholic beverages on city-owned Y 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 Sections 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 imptied permission or invitation a�lowing use of the premises for purposes otherwise prohibited in Sections 9.SS.U10 or 9.58.020 of this chapter.(Ord.391 § 1 (part), 1984)