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Agenda 12/09/2014 Item #16D12 12/9/2014 16.D.12. EXECUTIVE SUMMARY Recommendation to adopt a Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Policy and Procedures for the sale and consumption of alcoholic beverages (beer and wine) in Collier County Parks incorporating Freedom Park to the list of approved facilities. OBJECTIVE: To enhance the public's park experience by safely and appropriately allowing the sale and consumption of alcoholic beverages in certain Collier Count Park facilities. CONSIDERATIONS: Resolution No. 2013-176, adopted by the Board on September 10, 2013, provides that alcohol may be sold at seven County park facilities, subject to strict written guidelines. Freedom Park is a facility that is appropriate for large corporate and fundraising events. The Freedom Memorial Foundation of Naples, FL Inc. has asked to rent the Freedom Park facility to hold a fundraising event in February. The standard Board approved Facility Rental Agreement process will be used to reserve the park for the event. Staff is recommending that Freedom Park be added to the list of facilities approved for alcohol sales based on the public's request for this fundraising event and to offer all future events the opportunity to sell alcohol at Freedom Park. The current approved park facilities include: 1. Sugden Regional Park 2. North Collier Regional Park Exhibit Hall 3. Airport Park 4. Golden Gate Community Center 5. Port of the Islands Marina 6. Goodland Boating Park 7. Tigertail Beach Strict guidelines are in place for theses sales and this practice continues to be a positive experience for park visitors. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG FISCAL IMPACT: The ability to sell alcohol may make park facilities more attractive to event planners thereby increasing facility rental revenue. GROWTH MANAGEMENT IMPACT:No Growth Management Impact is associated with this action. RECOMMENDATION: That the Board of County Commissioners adopts the proposed Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Policy and Procedures for the sale and consumption of alcoholic beverages (beer and wine) in Collier County Parks, incorporating Freedom Park to the list of approved facilities. Prepared by:Natali Betancur, Operations Analyst,Parks and Recreation Packet Page -1676- 12/9/2014 16.D.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.12. Item Summary: Recommendation to adopt a Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Policy and Procedures for the sale and consumption of alcoholic beverages (beer and wine) in Collier County Parks incorporating Freedom Park to the list of approved facilities. Meeting Date: 12/9/2014 Prepared By Name:NataliBetancur Title: Operations Analyst,Beach&Water Approved By Name: williamsbarry Title: Director-Parks&Recreation, Parks &Recreation Date: 11/21/2014 01:33:40 PM Name: townsendamanda Title:Director-Operations Support,Public Services Division Date: 11/24/2014 09:03:39 AM Name:NataliBetancur Title: Operations Analyst,Beach& Water Date: 11/24/2014 1 1:12:37 AM Name: ColleenGreene Title: Assistant County Attorney, CAO General Services Date: 11/24/2014 03:13:58 PM Name: ColleenGreene Title: Assistant County Attorney, CAO General Services Date: 11/24/2014 04:16:57 PM Name: townsendamanda Title: Director-Operations Support,Public Services Division Date: 11/25/2014 11:39:52 AM Packet Page -1677- 12/9/2014 16.D.12. Name: ColleenGreene Title: Assistant County Attorney, CAO General Services Date: 11/25/2014 02:31:34 PM Name: EdFinn Title: Management/Budget Analyst, Senior, Transportation Engineering& Construction Management Date: 11/25/2014 04:16:46 PM Name: klatzkowjeff Title: County Attorney, Date: 11/25/2014 04:47:43 PM Name: durham_t Title: Executive Manager of Corp Business Ops, Date: 11/30/2014 03:07:33 PM Packet Page -1678- 12/9/2014 16.D.12. '' COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 POLICIES AND PROCEDURES MANUAL REVISED: March 2014 REVISED: March 2014 SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 1 of 7 County Parks and Facilities CATEGORY: Administration NUMBER: AA0010 POLICY: To establish the rules and regulations regarding the sale and/or consumption of alcoholic beverages in designated Collier County Parks and Recreation parks and facilities pursuant to the authority granted in Ordinance 07-66, as amended and Resolution No. 2013- 176. DEFINITION: A. Alcoholic Beverage shall mean any beer, wine, and champagne meeting the definition of alcoholic beverage set out in Section 561.01(4), Florida Statutes, and as hereafter from time to time duly amended. B. Alcohol Sales shall mean an event, public or private, where alcohol, (beer, wine, champagne), will be served/sold and admission to the event and service to those of legal age is dependent upon any of the following conditions: 1. Sale, admission, a ticket, a donation, or meal charge. C. Marina shall mean any Collier County Parks and Recreation owned and/or operated marina. D. Public Special Event is an event is considered public if any of the following apply: 1. There is NOT a finite and/or limited guest list. 2. A person of the public may purchase or acquire a ticket for entrance or participation. 3. A person of the public may attend the event. 4. Advertised by website, print or radio media to the public. E. Private Special Event is an event is considered private where a limited and/or finite number of guests are expected. Examples include weddings, birthday parties, or private reception, which are NOT open to the general public. SECTION 1: ELIGIBLE COUNTY PARK FACILITIES WHERE ALCOHOL SALE AND/OR CONSUMPTION IS PERMITTABLE C:\Program Files\Neevia.Com\Document Converter\temp\117540.docx Packet Page-1679- 12/9/2014 16.D.12. COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 POLICIES AND PROCEDURES MANUAL REVISED: March 2014 REVISED: March 2014 SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 2 of 7 County Parks and Facilities CATEGORY: Administration NUMBER: AA0010 A. Sugden Regional Park B. North Collier Regional Park/Exhibit Hall C. Airport Park D. Golden Gate Community Center E. Port of the Islands Marina F. Goodland Boating Park G. Tigertail Beach Park SECTION 2: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION PERMIT APPLICABILITY Applicable to all events, public or private, in parks where alcohol is authorized by permit, and where there is a confirmed (paid) reservation or contract for rental, which includes written permission (approval) and permit to serve, sell, and/or consume alcohol. SECTION 3: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION SERVICE EXPECTATIONS, STANDARDS, AND PARK USER RESPONSIBILITY(PRIVATE EVENTS) A. The applicant should review the administratively restricted park listing (Section 1) to determine if the park or park area prohibits the sale and/or consumption of alcohol. B. Applicant signing the permit must be present during the entire event. C. The applicant assumes all risk, and is responsible for acquiring all necessary Federal, State, and Local permits, and for securing and providing (if required) the necessary Liquor Liability Insurance; $1 million each occurrence and $2 million aggregate. If in question,the applicant should contact the local beverage control commission and fully review the proposed event with the proper authorities. Collier County Board of County Commissioners to be named as additionally insured. Insurance documents must be submitted and approved by the Collier County Parks and Recreation Director. D. All park property where alcohol is served, sold, or consumed as part of any event must be both monitored and actively managed in a manner to prevent alcohol from being provided, sold, served, or obtainable to minors, guests who are at risk of over consumption,AND to those not invited or included to/in an event. E. Alcohol will remain directly within the rented or clearly marked site. It may not be carried to other areas of the park or outside "rented" areas. Alcohol served at facilities may not be carried outside the premises, building, or fenced area, and it is the responsibility of the organizer to ensure all guests strictly adhere to this policy. F. GLASS AND STYROFOAM ARE PROHIBITED AT ALL TIMES. G. All alcohol must be served in aluminum, plastic, or paper containers (recyclable or compostable preferred). Wine or champagne packaged in glass must be served by applicant (permit holder) provided server(s) from the bottle into necessary plastic or paper containers at the point of sale or distribution by a representative of the applicant (permit holder). H. If at any time the applicant is found to be in violation of any alcohol related Laws/Ordinances, all sales and consumption of alcohol will be stopped immediately up to and including eviction from the site. If alcohol service is stopped by a Parks and recreation representative or other authorized person, the service of alcoholic beverages will be closed for the remainder of the event time. C:\Program Files\Neevia.Com\Document Converter\temp\117540.docx Packet Page -1680- 12/9/2014 16.D.12. COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 {yam POLICIES AND PROCEDURES MANUAL REVISED: March 2014 REVISED: March 2014 SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 3 of 7 County Parks and Facilities CATEGORY: Administration NUMBER: AA0010 I. Liquor Liability Insurance and/or Host Liquor Liability Insurance and a Florida Division of Alcoholic Beverage and Tobacco Permit are required if alcohol will be served, sold, consumed and admission to the event to those of legal age is dependent upon: sale,admission, a ticket,a donation, membership fee, meal charge, or"tip." Applicant is encouraged to consult with the Florida Division of Alcoholic Beverage and Tobacco if they have any questions. SPECIAL SECTION 4: ADDITIONAL SERVICE EXPECTATIONS, STANDARDS, AND PARK USER RESPONSIBILITY FOR PUBLIC EVENTS A. If not an indoor facility or fenced area,event site perimeter fencing must be erected or an enclosed "Beer Garden" must be installed within the area (see Attachment A). B. Applicant must minimally contract with licensed Collier County Sheriff's Department Officers as a portion of their event security plan. Without discussion of event hours, nature and type, applicant may minimally draft a plan that includes two (2) licensed Collier County Sheriff's Department Officers per 1,000 attendees when alcohol is served, sold or present at public events. This is in addition to any hired security staffing the applicant requires for special event needs such as cash transport, admission work, entertainment, etc. C. Applicant is responsible for site clean-up following the event. D. Applicant must contract with Collier County EMS to provide medical services and have an Ambulance on stand- by for the duration of the event. E. Applicant must use Florida Division of Alcoholic Beverages and Tobacco certified servers hired by the applicant or through a sub-contract of a licensed caterer. F. In all instances,the applicant should contact the Collier County Health and Human Service Department to ensure service is in accordance with Health and Human Services Guidelines, and that necessary permits are obtained. SPECIAL SECTION 5: LIABILITY INSURANCE REQUIREMENTS AND INDEMNIFICATION FOR ALL EVENTS (PUBLIC AND/OR PRIVATE) A. Applicant shall carry public liability and property damage insurance with an insurer satisfactory to the County in an amount not less than one million dollars ($1,000,000.00). This insurance shall name the County of Collier Board of County Commissioners as an additional insured for the period of the activity stated on the Alcohol Use Permit. This insurance endorsement shall also state that coverage will respond to all claims related to the Alcohol Use Permit activity and shall not exclude participants. B. Carry non-owned auto insurance coverage with an insurer satisfactory to the County in an amount not less than one million dollars ($1,000,000.00). This form of insurance shall name the County as an additional insured for the period of the activity stated on the Alcohol Use Permit. C. The permit holder agrees to indemnify and hold harmless Collier County,the Parks and Recreation Department and any employee of Collier County against any and all claims by or on behalf of any person or legal entity arising from the Applicant's use of premises and/or participation in this program, and will further indemnify and hold harmless the County, its Departments, and Employees against performance of any agreements arising from any act of negligence of the Applicant, or any of the Applicant's agents, contractors, employees, or licensees, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or about any claim or proceeding brought thereon, all to the extent of the County's liability under general law. The County Parks and C:\Program Files\Neevia.Com\Document Converter\temp\117540.docx Packet Page-1681- 12/9/2014 16.D.12. COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 POLICIES AND PROCEDURES MANUAL REVISED: March 2014 REVISED: March 2014 SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 4 of 7 County Parks and Facilities CATEGORY: Administration NUMBER: AA0010 Recreation Department reserves the right to deny permit, and to charge fees where applicable. The Applicant must adhere to all County Ordinances, and Parks and Recreation Rules and Regulations. SPECIAL SECTION 6: ALCOHOLIC BEVERAGE SALES AT COLLIER COUNTY PARKS AND RECREATION OWNED AND/OR OPERATED MARINAS A. The Collier County Board of County Commissioners shall permit the sale of alcoholic beverages in Collier County owned and operated marina facilities. B. The Collier County Manager shall be named the Partner, Officer,Stockholder on all State of Florida Division of Alcoholic Beverages and Tobacco Permit and the Collier County Manager or designee will complete the necessary requirements for issuance of said permit. C. Collier County Parks and Recreation marina staff will be 21 years or older to sell alcoholic beverages. D. Collier County Parks and Recreation marina staff will be required to see proof of identification on all alcoholic beverage purchases. E. There will be no alcoholic consumption on marina premises without a Collier County Alcoholic Beverage Sale and Consumption Permit(AA0019). PROCEDURE: SPECIAL EVENTS 1. Applicant must complete the Collier County Parks and Recreation Department "Alcohol Use Permit," (Attachment B). Permit is available at Collier County Parks and Recreation Department,Administrative Offices, Exhibit Hall, 15000 Livingston Road, Naples, Florida. a. Permit holder must be 21 years of age or older and must be in attendance at the event at all times. 2. All completed documentation must be returned to the Parks and Recreation Administrative Offices, Exhibit Hall 60 days prior to the event. 3. Completed application will be reviewed and a recommendation made to the Director by the Parks and Recreation Advisory Board (PARAB). 4. Ten business days are required to communicate whether an applicant's permit is granted or denied arid, if denied,the reason for such denial. Applicant may appeal the refusal of a permit by written notice to the Collier County Parks and Advisory Board. • C:\Program Files\Neevia.Com\Document Converter\temp\117540.docx Packet Page -1682- 12/9/2014 16.D.12. COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 POLICIES AND PROCEDURES MANUAL REVISED: March 2014 REVISED: March 2014 SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 5 of 7 County Parks and Facilities CATEGORY: Administration NUMBER: AA0010 PROCEDURE: COUNTY OWNED AND/OR MANAGED MARINA OPERATIONS 1. Collier County Parks and Recreation will complete the Florida Division of Alcoholic Beverages and Tobacco Permit application for the County owned and operated marinas. 2. Permit will be delivered to the County Manager,who will be named the Partner, Officer, Stockholder on the permit and who will fulfill the additional requirements for said Partner, Officer,Stockholder required by the permit. 3. Completed permit,with temporary licensing fee paid for by Collier County Parks and Recreation,will be sent to: State of Florida, Department of Business and Professional Regulation, 1940 North Monroe Street,Tallahassee, Florida 32399-0783. 4. Upon receipt of temporary permit and it's posting in the marina; alcohol sales will be permitted. 5. Collier County Parks and Recreation will be notified approximately 30 days after issuance of temporary permit if a permanent permit will be issued. 6. If permanent permit is issued, Collier County Parks and Recreation will pay the annual permanent licensing fee and post permanent permit in marina. Attachment A Beer and Wine Garden Technical Requirements 1. If a "Beer Garden" is erected, it shall be chain-link type fencing of preformed 6-feet-high freestanding panels (support poles may not be inserted into park grounds)which once completed shall be enclosed except for entrances and exits. Vertical support posts may be no further than 10' apart. As a best practice due to varying environmental conditions, some fences may require sand bagging. 2. The exact location and number of entrances/exits will depend upon the size of the enclosed area, and shall be approved by the appropriate Collier County Fire District Inspectors and Parks and Recreation staff. Please include a diagram of the"beer garden" in your site plan. The applicant is responsible for maintaining a count of persons entering the garden as determined by the Fire Department. 3. All beer gardens which are requesting to have 50 or more people are required to have a minimum of two entries/exits. Additional gates may be requested after site plan review/inspection by the appropriate Collier County Fire District Inspector. 4. The serving areas must be positioned so as not to interfere or impede pedestrian traffic entering or exiting the enclosure in order to maintain public safety. 5. At a minimum,there will be at least one uniformed security officer stationed at each entrance and exit. C:\Program Files\Neevia.Com\Document Converter\temp\117540.docx Packet Page -1683- 12/9/2014 16.D.12. °'ia"' COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 KY POLICIES AND PROCEDURES MANUAL REVISED: March 2014 REVISED: March 2014 SUBJECT: Alcohol Beverage Sale and Consumption in PAGE 6 of 7 County Parks and Facilities CATEGORY: Administration NUMBER: AA0010 Attachment B Application for a Permit to Sell and/or Consume Alcoholic Beverages within Collier County Facilities and Parks Application Name: Applicant's Address Email Address: Day Phone: Night-Phone Mailing Address: Organization/Group Name Applicant's Affiliation with Group: Park Name/Facilities Requested„ Event Name:.. . Description of Event: _ Event Dates(s): Anticipated Number of Persons Attending Event Hours of the Sale and Consumption of Alcoholic Beverages (No sale or consumption of alcoholic beverages will be permitted 1'/2 hours prior to the conclusion of the event and vacating the facility). Times,(including . preparation an cleanup): C:\Program Files\Neevia.Com\Document Converter\temp\117540.docx Packet Page -1684- 12/9/2014 16.D.12. RESOLUTION NO. 14- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING AND REPLACING RESOLUTION NO. 13-176 AND APPROVING COLLIER COUNTY PARKS AND RECREATION POLICY AND PROCEDURES FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE) IN COLLIER COUNTY PARKS. WHEREAS, Collier County Ordinances governing the use of Collier County Parks generally prohibit the sale, consumption or possession of alcoholic beverages in the parks; and WHEREAS, Collier County Ordinance No. 07-66, as amended, Sec. 98-58(a)(10) specifically prohibits alcohol in the parks unless said use is expressly authorized in advance and in writing by a permit issued by the Director of Parks and Recreation; and WHEREAS, the Ordinance further provides that the Parks and Recreation Department must have policy rules approved by resolution of the Board of County Commissioners; and WHEREAS, an increasing number of local organizations have petitioned the Board of County Commissioners for authorization for alcohol sales and consumption at events held in Collier County Parks; and WHEREAS, the Board of County Commissioners has reviewed and approved these requests pursuant to Ordinance No. 07-66, Sec. 98-58(a)(10); and WHEREAS, the Board of County Commissioners has reviewed and approved the Policies and Procedures regarding the sale, consumption, or possession of alcoholic beverages in the County Parks and Facilities, and WHEREAS, pursuant to Ordinance No. 07-66, as amended, the Parks and Recreation Department has created Policies and Procedures regarding the sale, consumption, or possession of alcoholic beverages in eight Collier County Parks and Facilities including: Sugden Regional Park, North Collier Regional Park Exhibit Hall, Airport Park, Golden Gate Community Center, Port of the Islands Marina, Goodland Boating Park, Tigertail Beach Park and Freedom Park. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that 1. The Parks and Recreation Department Policies and Procedures regarding the sale, consumption, or possession of alcoholic beverages in the County Parks and Facilities is hereby approved. 2. The sale of alcoholic beverages is authorized in compliance with this Resolution [04-PKR-01113/1131376/1] 1 (1) Packet Page-1685- 12/9/2014 16.D.12. at the following locations: Collier County Parks and Facilities including: Sugden Regional Park, North Collier Regional Park Exhibit Hall, Airport Park, Golden Gate Community Center, Port of the Islands Marina, Goodland Boating Park, Tigertail Beach Park and Freedom Park. 3. The Director of Parks and Recreation has the authority to issue a permit in writing in strict compliance with the Policies. 4. Alcohol sales, consumption and possession, must be held in strict compliance with the attached Parks and Recreation Department Policies and Procedures. BE IT FURTHER RESOLVED that this Resolution shall repeal and replace Resolution No. 13- 176. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: olleen M. Greene Assistant County Attorney [04-PKR-01113/1131376/1] 2 0 Packet Page -1686-