7.05.230 Alcohol permit.
An alcohol permit must be in writing and authorized by the Department.
(A) Application, Conditions, Denial, Appeal, Revocation of Alcohol Permit.
(1) Application.
(a) With the alcohol permit application, the applicant must either reserve a ramada in a City park or rent a facility from the Department.
(b) The applicant must be at least 21 years of age as demonstrated to the Department at the time of application by valid photo identification or any other demonstration of age required by law.
(c) The applicant must pay the fees to reserve a ramada or to rent a facility and the alcohol permit fees before the Department will consider the alcohol permit application.
(2) Conditions. The Department may require security or make other reasonable requirements as conditions on the alcohol permit depending on the number of people anticipated at the event and the nature of the event.
(3) Denial. The Director may deny an alcohol permit to applicants with demonstrated past noncompliance with City park or facility rules or for other reasonable cause.
(4) Appeal. Any person aggrieved by the denial of an alcohol permit may appeal the decision of the Director to the City Manager. The applicant’s appeal must be in writing on a form provided by the Department. The written appeal must be submitted to the City Clerk’s office within five working days of the Director’s denial. The City Manager shall act upon the appeal within five working days following receiving the appeal. The City Manager’s decision is final and binding on both the applicant and the City. The City Manager may delegate the duties in this subsection.
(5) Revocation. The Director or the City Manager may revoke an alcohol permit if the Director or the City Manager determines that the City park or facility is being used contrary to any representation made by the permittee or to any conditions of the alcohol permit or special alcohol permit; or the City park or facility is being used in violation of the law. The Director’s or City Manager’s decision to revoke an alcohol permit is final.
(B) Locations.
(1) Ramadas in City Parks.
(a) An alcohol permit may issue for an event at a ramada in a City park and an area surrounding the footprint of the ramada up to 50 feet.
(b) Except, the 50 feet around a ramada shall not include:
(i) A sidewalk;
(ii) A street;
(iii) An area 50 feet from a playground;
(iv) A playing field and its spectator area.
(2) Designated Facilities.
(a) The Department may issue an alcohol permit for facilities designated by City Council.
(b) The Department may issue an alcohol permit to the City at facilities City Council designates for City-hosted events.
(c) City Council shall designate facilities or remove facilities from designation under this section by resolution or order.
(d) The Director shall have the discretion to deny an alcohol permit for a facility if the particular event is unsuitable for the facility. The Director shall have the discretion to close a designated facility for maintenance, for repair or for public safety.
(C) Permittee Responsibility. Once the alcohol permit issues, the permittee shall be the person responsible for ensuring the permittee’s event complies with the alcohol permit.
(1) Alcohol permits are valid for adults over 21 years of age to consume beer and wine.
(2) Permittee must ensure that at permittee’s event there is no possession or consumption of alcohol by people under 21 years of age, no drunkenness, and no sale of alcohol.
(3) Alcohol permits are only valid for the date and time period of the ramada reservation or of the facility rental.
(4) The alcohol permit must be in the possession of the permittee at all times during the time reserved for the ramada or the rental of the facility.
(5) The permittee must be present at the ramada or the facility for the duration of the time reserved or rented.
(6) The permittee must show the alcohol permit to any peace officer with jurisdiction if the peace officer requests to see it.
(7) For ramadas, glass bottles or other glass containers are prohibited.
(8) Permittee shall be sure after the event that the ramada and surroundings or the facility is clean and free of litter.
(9) Permittee shall follow any conditions on the permittee’s alcohol permit.
(10) If the permittee has a special alcohol permit, the permittee shall follow any conditions on that special alcohol permit.
(D) Department Responsibility. In addition to processing applications for alcohol permits and special alcohol permits in compliance with this chapter, the Department shall provide a copy (either on paper or electronically) of approved alcohol permits and special alcohol permits to the San Luis Police Department. The Department and the San Luis Police Department shall devise appropriate procedures for implementation of effective communication between the two departments regarding these permits. (Ord. 378 § 7, passed 1-24-2018. Code 2012 § 94.17.)