5.04.060 - City single event alcoholic beverage license required.

A.

No entity shall sell beer, heavy beer, wine, flavored malt beverages, or liquor at an Event within the City without first procuring the necessary City single event alcoholic beverage license as required by this Chapter. Such entity, in addition to obtaining the necessary City single event alcoholic beverage license, shall also procure any required state Department of Alcoholic Beverage Control temporary permit. A City single event alcoholic beverage license is required for every Event at which beer, heavy beer, wine, flavored malt beverages, or liquor will be sold, or consumed during Business Activity, even if no state Department of Alcoholic Beverage Control temporary permit is required.

B.

Each City single event alcoholic beverage license shall indicate—to the extent applicable—the type of state Department of Alcoholic Beverage Control temporary permit for which the City single event alcoholic beverage license will be issued.

C.

A separate City single event alcoholic beverage license shall be required for each corresponding state Department of Alcoholic Beverage Control temporary permit required, or for each Event, if no state Department of Alcoholic Beverage Control temporary permit is required.

D.

No City single event alcoholic beverage license may be transferred, assigned, or subleased in any manner. City single event alcoholic beverage licenses are invalidated by transfer or attempted transfer. Change in Ownership of City single event alcoholic beverage licensee constitutes an invalidating transfer.

E.

Lapse, suspension, or revocation of a state Department of Alcoholic Beverage Control temporary permit shall result in automatic suspension of the corresponding City single event alcoholic beverage license.

F.

A City single event alcoholic beverage license grants a bona fide association (i.e. limited liability company, corporation, partnership, or other incorporated association), religious organization, political organization, or a recognized subordinate lodge, chapter, or other local unit thereof, that is conducting an Event, and has been in existence for at least one (1) year (except in the case of political organizations for elected positions of the City, which are not required to have been in existence for at least one (1) year) on the date on which the entity applies for a City single event alcoholic beverage license, the privilege to store, sell, offer for sale, serve, and consume alcoholic beverages:

1.

In accordance with an applicant's corresponding state Department of Alcoholic Beverage Control temporary permit; or

2.

In accordance with terms of the City single event alcoholic beverage license—if issued—if a state Department of Alcoholic Beverage Control temporary permit is not required.

G.

The privileges granted by a City single event alcoholic beverage license shall be limited further by the type of temporary permit the applicant obtains from the state Department of Alcoholic Beverage Control as follows:

1.

If an applicant obtains a state Department of Alcoholic Beverage Control Temporary Beer Event Permit, a corresponding City single event alcoholic beverage license shall carry the privileges and responsibilities granted to state Temporary Beer Event Permit holders and shall authorize the storage, sale, offer for sale, service, and consumption of beer for a period not to exceed thirty (30) days. A state Temporary Beer Event Permit may authorize multiple sales outlets on different properties under one state Temporary Beer Event Permit. No entity shall in any one (1) calendar year operate under one (1) or more City single event alcoholic beverage licenses for more than a total of ninety (90) days.

2.

If an applicant obtains a state Department of Alcoholic Beverage Control Single Event Permit, a corresponding City single event alcoholic beverage license shall carry the privileges and responsibilities granted to state Single Event Permit holders and shall authorize for a period not to exceed one-hundred and twenty (120) consecutive hours or five (5) consecutive days the storage, sale, offer for sale, service, and consumption of beer, heavy beer, wine, flavored malt beverages, or liquor. In any one (1) calendar year an applicant may obtain up to twelve (12) City single event alcoholic beverage licenses provided that all such City single event alcoholic beverage licenses in the calendar year are each for seventy-two (72) hours or fewer. No City single event alcoholic beverage license applicant may receive within one (1) calendar year more than four (4) City single event alcoholic beverage licenses for that one (1) calendar year if any one (1) or more City single event alcoholic beverage license that applicant receives during that calendar year is for more than seventy-two (72) hours.

H.

Unless otherwise provided for in this Chapter, a City single event alcoholic beverage license is only valid if a licensee has received a state Department of Alcoholic Beverage Control temporary permit for the same Event. All City single event alcoholic beverage licensees must notify the Community Development Director or his/her designee immediately if their state Department of Alcoholic Beverage Control temporary permit application is denied, revoked, or suspended for any reason. If an applicant is not required to obtain a state Temporary Beer Event Permit or state Single Event Permit, the privileges granted by a City single event alcoholic beverage license shall be contingent upon the type of alcohol beverages to be served at the Event, as established by the terms of the City single event alcoholic beverage license application. Subject to the limitations of this Section, a City single event alcoholic beverage license authorizes the storage, sale, offer for sale, service, and consumption of alcoholic beverages only in conjunction with an Event.

I.

If an Event is proposed to be located within two hundred (200) feet of a residence, then the applicant must provide proof that it has given notice to all residences within two hundred (200) feet of the proposed Event location at least six (6) business days and no more than thirty (30) calendar days prior to the issuance of the license.

1.

The notice shall include:

a.

The location, date, and time of the Event;

b.

The name of the Organizer;

c.

A statement that a resident may lodge an objection with the City within five days of delivery of the notice; and

d.

The address and telephone number of the Community Development Department.

2.

If a Person who resides within two hundred (200) feet of the proposed location objects to the Event, the Community Development Director shall, within five business days from the date the objection was received, make a determination of whether to grant the consent, after providing the applicant the opportunity to address the grounds of the objection.

3.

In determining whether to grant a City single event alcoholic beverage license in light of an objection from entitled complainant, the Community Development Director shall consider:

a.

The duration of the Event;

b.

The grounds for the complaint;

c.

Measures which will be taken by the applicant that may mitigate the complainants' concerns; and

d.

Other relevant evidence provided by the complainant or applicant.

J.

All City single event alcoholic beverage licensees shall comply with the provisions of the Alcoholic Beverage Control Act, as amended, and this Chapter. No person under the age of twenty-one (21) shall sell or serve alcohol under a City single event alcoholic beverage license.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)