HomeMy WebLinkAboutTemp Waiver DRD International Sports Festival Opening DinnerCITY OF PALM DESERT
DEPARTMENT OF PUBLIC WORKS
CITY COUNCIL STAFF REPORT
REQUEST: CONSIDERATION OF APPROVAL FOR A TEMPORARY WAIVER
TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.040, AND
11.01.080 W FOR THE DESERT RECREATION DISTRICT'S
ANNUAL INTERNATIONAL SPORTS FESTIVAL OPENING
DINNER CEREMONY TO BE HELD AT THE PALM DESERT
COMMUNITY CENTER
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: January 13, 2011
CONTENTS: 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. Grant 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.
Background
The City has partnered with the Desert Recreation District (DRD) for many years on the
International Sports Festival (previously Senior Games). The event primarily uses Palm
Desert facilities and as such, the City is a significant sponsor of the event. As in years
past, the DRD is holding the opening ceremony in the Palm Desert Community Center's
Gymnasium on February 4, 2011, from 5:00 — 9:00pm.
The DRD is requesting to be able to serve beer and wine during the dinner function. To
legally allow the consumption of alcohol at this location, the City Council is required to
grant a waiver of the above -referenced municipal code sections. Staff is aware that the
DRD has served beer and wine in the past; however, there have been no incidents
resulting from the alcohol served at the event. The DRD proposal is to allow alcohol to be
served inside the Community Center building, and in no event will attendees be allowed
outside with alcoholic drinks.
Staff Report
International Sports Festival, Opening Ceremony
January 13, 2011
Page 2 of 2
Fiscal Analysis
The City Council has previously budgeted funds for sponsorship of this event. The
request to serve alcohol in the Pam Desert Community Center does not create any
additional fiscal impact to the City.
Prepared By:
446----
yan Stendell
Senior Management Analyst
Approved By:
n M. Wohlmuth, City Manager
Department Head:
Mark Greenwood, P.E
Director of Public Works
CITY COUNCTLAt M
APPROVED ✓✓ DENIF,D
RECEIVED OTHER
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VERIFIED BY: L-Ok 1224M
Origlinal on File with City Jerk's Office
w " 11.01.080 Prohibited conduct generally. Page 1 of 2
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BUtILLAAK,
Qhapter 11,01 GENERAL PRQVISIGNS
11.01.080 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city, no person shall:
A. Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and
provided for such purpose;
B. Carry or discharge any firearm, air gun, slingshot or other device designed or intended to discharge, or capable of discharging
any dangerous missile, provided that this subsection shall not apply to any peace 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
patrol 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
purpose;
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, pull up, cut, take or remove any shrub, bush, plant or flower; or mark 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, soil, 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 afire except in a picnic stove, brazier, fire pit or other appropriate device provided or approved for that purpose
by the public authorities;
H. Camp or lodge therein at anytime, or otherwise remain overnight, whether or not in a structure permanently affixed to the
ground, except at a place especially designated and provided for such purpose (including, if overnight camping is involved, the place
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, dealt 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, threatening or indecent conduct, or abusive, threatening, profane or indecent language;
M. Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise or exhibition;
N. Distribute any commercial handbill 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 application and then only if the city manager determines that it would be
affirmatively in the public interest to allow upon public property the commercial activity involved;
O. Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or
advertising device or matter of any kind, in or upon any building, structure, pole, wire or other architectural or natural feature of whatever
character, except upon a bulletin board or such place especially designated and provided for such purposes, unless prior approval to do so
has been obtained from the city manager, which approval 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 director or city manager. Which approval shall be given only to city
personnel or city designee to install or inspect installation;
Q. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conductor solicit 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 concession agreement or franchise or the like duly entered into or granted by the city council;
R. Remain, stay or loiter therein between the hours of eleven p.m. and dawn of the following day, except while attending a
gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city department of community
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 overnight 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 facility 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, sail 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 animal 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 shall 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... Page 1 of 1
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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 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 implied permission or invitation allowing use of the premises for purposes otherwise
prohibited in Sections 9.58.010 or 9.58.020 of this chapter. (Ord. 391 § 1 (part), 1984)