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Home My WebLink AboutTemp Waiver DRD International Sports Festival Dinner EventCITY 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 26, 2012 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: Grant a 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 for the Desert Recreation District's International Sports Festival dinner event on February 17, 2012, from 5:00 — 10:00 p.m. 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 17, 2012, from 5:00 —10:00 p.m. 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 Staff Report International Sports Festival, Opening Ceremony January 26, 2012 Page 2 of 2 served inside the Community Center building, and in no event will attendees be allowed outside with alcoholic drinks. Fiscal Analysis The City Council has previously budgeted funds for sponsorship of this event. The request to serve alcohol in the Palm Desert Community Center does not create any additional fiscal impact to the City. Prepared By: 190ft- Ryinvocwtendell Senior Management Analyst Approved By: M. Wohlmuth, City Manager CITY COUNCIL ACTION APPROVED RECEIVED DENIED OTHER. Department Mark ((re¢nwood, Director bf Public W MEETING DATE O AYES: NOES: 10CGI1r' ABSENT: ti c Y1 e - ABSTAIN: VERIFIED BY: Original on File with City Clerk's frice 11.01.080 Prohibited conduct generally. Page 1 of 2 Palm Desert Municipal Code Up Previous Next Main Search Print Tilde it PARKS taaoter 11,01 ENI R41 PR V1A 510N 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 a fire 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 any time, 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); 1. 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 Palm Desert Municipal Code Up Previous Next Main Search Print Title 2RUVLIC PEAL. VQP Ah S AND MLLf&E VIII. PUBLIC DRINKING kND l3 itt� OR POSSESSION Chapter 9.58 PUBLIC DRINKING AND t_TOUOR POSSESSION 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)