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Agenda 03/08/2011 Item #16D1 ->/".--:",," 3/8/2011 Item 16.0.1. ~ EXECUTIVE SUMMARY RecomRJendatipn tp adppt a Reec>lutiQn approvillitll..Colller County Parks..... Recreation PQlicyand procedu....for the sale and cpnsurnptionof alcoholic bev...... (befitr andW'-.)inde$lgnated CoOler County Park$. , , OBJECTIVE: Toestablisllclear and well-defined policies and proced~ for the sale and consumption of alcoholic beverag~ (beer and wine) in designated Collier County Parks. CONSIDERATIONS: Chapter 98, Article 3, Code of Laws and Ordinances (also known as Collier County Ordinance No. 9()"9)Section 98-58, which is Prohibited Acts, was amended by Ordinance No. 2007-66 on October 23, 2007 to.allow alcohol sales at the Clam Pass Park beach facility. The language provides that one of the prohibited acts is to carty, possessor drink. any alcoholic beverage in any park except as provided in . the exceptions set forth in subsection (b) of thiS:seetion. S1.fbsection (b) allows for alcoholic beverages under certain circumstances at the Golden Gate Community Center and also provides "or except at such times and in . such J1lanner as thell not prohibited bylaw and to the extent expreS$ly authorized in advance and in writing brpermit issued by the director of the department in strictad~erence with policy roles of the department approved by resolution oft:be Bpard of CountyCommissionm." The Ordinance provides the .Department Director the discretion to allow..alcohol possession and. sales .in compliance with a B.oardapproved' policy. - r'\ At the November 9,2010 Board of County Comrnissioners'm~ting, Parks and Recreation staff was asked to work with the County Attorney's Office to develop a Resolution and corresponding policy regarding the posscsslonand uscof alcohol in Collier County Parks to incl'ude~l~on through the County ~anager or his d~ignee to approve alcohol sales andlorconsurnptionat certa.in park events based on satisfying the criteria outlined-in the policy. . The. attached Collier County Parks andJ~ecreation Alcoholic Beverage. Sale and Consumption. P<Jliey was unanimously approv~dby the Parks and Recreation Advisory Board (pARAln at their February ~20 11 meeting. FISCAL 1"~ACT:. A positive fiscal impact is expected. GROV}l1"HMANAGEM&N1!I"PAC'F~ No growth management impactis associated with this action. LEGALCONSIOE~nONS: This. item has been reviewed.~ the County Attorney's Office, requires majorityvote, and is legally sufficient for Board action. ...,.. CMG REC~ENOA'FlqN: Recommendation to adopt a Resolution approving the Collier County~P~ .and. Recreation policy and procedures. for the sale and, consumption of alcoholic beverages (beer and wine) ,in designated Collier County Parks. - PREPA.OBY: Nancy Olson, RegionJ Manager for :Beach and Water, l?wan<lRecr.eation r"'\. Packet Page -795- ;..-:0..""" em 16.0.1. r-"\ CQLLIER COUNTY B.rdof County Comm....ts Item Number: 16.0.1. ItemSt.If,lIrn.ry: Recommendation to.adop.t a Resolutipn approvi"l.the Collier County Parks and Recreation policy .andprocedures for .the saleandcol'I.$~mption.ofalconolic beverages (beer and wine) in Collier County Parks. MeetinlPate: 3/8/2011 Prepared By Name: NelsonTona Title: Administrative Assis4mt, Senior,Parks &Recreation 2/11/201112:36:04PM Submitted by r-"\ Title: Administrative Assistant,Senior,Parks & Recreation Name: NelsonTona 2/11/201112:36:05 PM A.pprov~By Name: AlonsoHailey Title: AdlJlinistrative Assistant,Domestic Animal Services Date: 2/14/2011 8:36:09 AM Name: WitHamSBarry Title: Director -Parks & Recreation,Parks & Recreation Date: 2/14/20111:59:09 PM Name; GreeneColleen Title: AssjstantCounty Attorney,County Attorney Date: 2/17/2011 11 :30:47 AM Name: ~seYlv1arla Title: Administrator, Public Services r-"\ Date: 2/231201111:32:48AM Packet Page -796- .r".. I'"""'. 'f"\ ':C:-".-.c:;' ."_. ~;""'-C'> {_,c>, '~'.", :~:L:>~ -~:~;~i'~~; :-:~- ' NaJll~:~~olleen Title: A$$i~t County Attomey,County Attorney ,Date: 2/U/2()114.:52:40 PM Name: PtyotCheryl Title: Management! Bud~Analyst, Seniol',Office of Man"ge$ent&:Budget Date: 2/25/2011 4:50:52 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/28/2011 2:25:08 PM N~ SheffteldMichael Title: Mallager..Busine~s~rations,CMO Date: 3/1!40U. 8:26:22 AM Packet. Page-797.. ,<}e:4i+~:~};i>~~:~'::,;;;:;J2t~:j;':, .--;_:~ - ~~ ._-C;-. _" ,:,'-" _,':- " _ _ .'.' ,.-.,; 3/8/2011 Item 16.Q.l~ 3/8/2011 Item 16.D.1. ~ COLLIER COUNTY PARKS AND RECREATION POLICIES AND PROCEDURES MANUAL EFFECTIVE DATE: January 2011 SUBJECT: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION IN COUNTY PARKS AND FACILITIES PAGE: 1 of 8 CATEGORY: Administration NUMBER: AA0019 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. 11- _ DEFINITIONS: ~, 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: a. Sale, admission, a ticket, a donation, or meal charge. e. Marina: shall mean any Collier County Parks and Recreation owned and operated marina. D. Public Special Event: an event is considered public if any of the following apply: a. There is NOT a finite and/or limited guest list. b. A person of the public may purchase or acquire a ticket for entrance or participation. c. A person of the public may attend the event. d. Advertised by website, print or radio media to the public. E. Private Special Event: an event is considered private where a limited and/or finite number of guests is expected. Examples include weddings, birthday parties, or private reception, which are NOT open to the general public. ~ Packet Page -798- 3/8/2011 Item 16.D.1. SECTION 1: ELIGIBLE COUNTY PARK FACILITIES WHERE ALCOHOL SALE AND/OR ~ CONSUMPTION IS PERMITTABLE ,A. Sugden Regional Park B. North Collier Regional Park / Exhibit Hall C. Airport Park D. Collier County Parks and Recreation owned and operated marinas at Port of the Islands and Goodland Boat Park. E. Golden Gate Community Center 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 Packet Page -799- ,..-.... ~ 3/8/2011 Item 16.D.1. ~ Recreation representative or other authorized person, the service of alcoholic beverages will be closed for the remainder of the event time. 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. /"'"""0., 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 Packet Page -800- 3/8/2011 Item 16.D.1. 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 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 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 and, 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. ~ Packet Page -801- 3/8/2011 Item 16.D.1. ~ PROCEDURE: COUNTY OWNED AND 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. "-". ~ Packet Page -802- 3/8/2011 Item 16.D.1. ~ Attachment A Beer and Wine Garden Technical Reauirements 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. ~ Packet Page -803- 3/8/2011 Item 16.D.1. 1""'"'. Attachment B Application for a Permit to Sell and/or Consume Alcoholic Beverages within Collier County Facilities and Parks Email Address: Day Phone: Mailing Address: Applicant's ~. Affiliation with Group: Event Name: Hours of the Sale and Consumption of Alcoholic Beverages (No sale or consumption of alcoholic beverages will be permitted 1 3Iz hours prior to the conclusion of '~. the event and vacating the Packet Page -804- 3/8/2011 Item 16.0.1. facility). /"""\ ~ .~. Packet Page -805- 3/8/2011 Item 16.D.1. . /""". RESOLUTION NO. 11- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 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, the Board of County Commissioners has reviewed and approved the Policies and Procedures regarding the sale, consumption, or possession of alcoholic beverages in six County Parks and Facilities. ~, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Packet Page -806- 3/8/2011 Item 16.D.1. 1. The Parks and Recreation Department Policies and Procedures regarding the ..-..., sale, consumption, or possession of alcoholic beverages in the six Collier County Parks and Facilities: Sugden Regional Park, North Collier Regional Park Exhibit Hall, Airport Park, Golden Gate Community Center, Port of the Islands Marina, and Goodl~md Boating Park is hereby approved. 2. The Director of Parks and Recreation has the authority to issue a permit in writing in strict compliance with the Policies. 3. Alcohol sales, consumption and possession, must be held in strict compliance with the attached Parks and Recreation Department Policies and Procedures. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2011. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: ,..........", , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal @CiencY; if olleen M. Greene Assistant County Attorney ,~ Packet Page -807-