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Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 20, 2011 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DIRECTOR: Michael
Taylor SUBJECT: Revision of Ordinance Regulating Use of Alcohol in City Parks and Facilities RECOMMENDED ACTION: Staff recommends the Council accept the Parks and Recreation Commission
recommendations revising sections in the Municipal Code regulating the use of alcohol in City parks and facilities by: establishing the number of users constituting a group requiring
a permit at twelve (12), eliminating the unique time constraints at certain parks, creating a consistent policy, and allowing beer and wine, prohibiting all “hard liquor” in the
parks. REPORT SUMMARY: The use of alcohol in two City parks is restricted by Code. The ordinances contain confusing, apparently contradictory, and unclear language. For example, according
to Ordinance 11-05.051 of the Saratoga Municipal Code, “No person shall consume… any alcoholic beverage within Wildwood Park at any time between 12:01am Monday and 8:00am Saturday each
week, without first having obtained a group use permit.” Alcohol in El Quito Park is expressly forbidden at any time without a permit. The use of alcohol in other City parks is not regulated
by Ordinance. Additionally, confusion exists over the number of people comprising a group that requires a use permit. Article 11-10.010a states “...group consist of ten or more persons…”,
however Article 11-05.050a requires a special permit “by any group of persons twenty-five or more in number.” This discrepancy has resulted in numerous questions by potential renters.
DISCUSSION: Do the ordinances mean only permitted groups (of 10 [11-10.010a] or more or 25 [11-05.050c] or more) are allowed alcohol? Are permits not required on weekends at Wildwood
Park? The issues are many and staff has had difficulty interpreting and explaining the policies to the public. Questions such as “Do we need a permit for a champagne toast?” “Is a permit
required for
Page 2 of 2 a bottle of wine with our picnic dinner?” The answer is not ambiguous, but can be confusing to the park/facility user. Yes in some parks, no in other parks; yes if alcohol
is for sale, no if it is free; no during the week, yes on weekends, etc. Problems arise when park/picnic rentals are accepted online without a vetting process to determine the possible
need for a use permit. This lack of accountability is confusing and increases the City's risk. There is also an issue in that some groups that would require a permit do not reserve picnic
areas at all and rely on a first-come, first-served right to the park. The Ordinance has not had a complete update in over 15 years and staff has found the ordinance to be difficult
and confusing to enforce. The topic was brought to Council at the January 28th annual retreat for consideration. At the 2011 retreat, City Council decided to have staff work with the
Parks and Recreation Commission to develop clearer language and update the ordinance regulating alcohol use in City parks and facilities. Staff conducted a survey of alcohol use policies
in surrounding Cities (Attachment A) and shared this information with the Parks and Recreation Commission at their March 8th meeting. The Commission voted to recommend establishing the
number of users constituting a group requiring a permit at twelve (12). The Commission also recommended eliminating the unique time constraints at certain parks, creating a consistent
policy, and finally to recommend to Council allowing beer and wine, prohibiting all “hard liquor” in the parks. FISCAL IMPACTS: It is expected that any fiscal impact as a result of revising
the ordinance would be minimal. In fiscal 2008-09, there were a total of 176 picnic area rentals with total revenue of $13,648. There were a total of 187 picnic area rentals in fiscal
2009-10 with total revenue of $11,000. The variance is primarily due to larger numbers of residents (versus non-residents) reserving the parks in 2009-10. CONSEQUENCES OF NOT FOLLOWING
RECOMMENDED ACTION: There would be no changes in the existing Ordinances regulating alcoholic beverages in the parks. Staff would continue to enforce current policies. FOLLOW UP ACTION:
As directed by Council. ATTACHMENTS: Attachment A – Comparison of Alcohol Use Policies Attachment B – Proposed ordinance (redline version)