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Agenda 03/10/2020 Item #16D 5 (Resolution - Alcohol in County Parks)03/10/2020 EXECUTIVE SUMMARY Recommendation to adopt a Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Practice and Procedures to authorize the sale and consumption of alcoholic beverages in Collier County Parks with a valid permit issued by the Parks and Recreation Division. OBJECTIVE: To adopt a Resolution that allows all Park locations to be authorized for the sale and consumption of alcoholic beverages (beer, wine, and spirits) subject to strict written guideli nes and to authorize the Parks and Recreation Division Director to issue written permits for the sale and consumption of alcohol at Park facilities in accordance with Board of County Commissioners (Board) - approved Division Practice and Procedures. CONSIDERATIONS: The Parks and Recreation Division has a variety of public and private events where the sponsors request permission to serve or sell alcohol (beer, wine, and spirits) at their events. These events include for example the U.S. Open Pickleball Championships, Snow Fest, Winterfest, and fundraising events to benefit the community as well as private events such as weddings and business engagements. These events have been a positive experience for park visitors and authorizing the sale and consumption of alcohol at these events has caused no problems. The current Resolution No. 18-84 requires a recommendation from the Parks and Recreation Advisory Board (PARAB) prior to the Director issuing the required permit. The Parks and Recreation Division recommends that the Board repeal and replace Resolution No. 18-84 to authorize the Director of Parks and Recreation to review and approve alcohol permission requests for past PARAB approved applicants with a positive experience and update PARAB at the subsequent meeting. New applicants will continue to be presented to PARAB for approval prior to the first event. FISCAL IMPACT: There is no Fiscal impact associated with this Item. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for approval. -CMG ADVISORY BOARD RECOMMENDATION: The Parks and Recreation Advisory Board suggested the amendment to the Resolution to authorize the Director of Parks and Recreation to review and approve alcohol permission requests for the past PARAB approved applicants and update PARAB at the subsequent meeting at their November 20, 2019 meeting. RECOMMENDATION: To adopt a Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Practice and Procedures to authorize the sale and consumption of alcoholic beverages in Collier County Parks with a valid permit issued by the Parks and Recreation Division. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. Resolution 20- (PDF) 2. Resolution 2018-084 (PDF) 16.D.5 Packet Pg. 908 03/10/2020 3. AA0010 Alcohol Practice and Procedure (PDF) 4. Ordinance 2007-66 (PDF) 16.D.5 Packet Pg. 909 03/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 11689 Item Summary: Recommendation to adopt a Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Practice and Procedures to authorize the sale and consumption of alcoholic beverages in Collier County Parks with a valid permit issued by the Parks and Recreation Division. Meeting Date: 03/10/2020 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 02/13/2020 10:20 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 02/13/2020 10:20 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 02/13/2020 10:23 AM Parks & Recreation Jeanine McPherson Additional Reviewer Completed 02/13/2020 4:06 PM Parks & Recreation Barry Williams Additional Reviewer Completed 02/18/2020 3:56 PM Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 02/19/2020 12:10 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/20/2020 11:24 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/20/2020 2:43 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/28/2020 9:32 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2020 10:33 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2020 12:34 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/02/2020 2:52 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/03/2020 4:31 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM 16.D.5 Packet Pg. 910 16.D.5.a Packet Pg. 911 Attachment: Resolution 20- (11689 : Resolution for Alcohol in Parks) 16.D.5.a Packet Pg. 912 Attachment: Resolution 20- (11689 : Resolution for Alcohol in Parks) RESOLUTION NO. 18- 8 4 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REPEALING AND REPLACING RESOLUTION NO. 16-37 AND APPROVING COLLIER COUNTY PARKS AND RECREATION POLICY AND PROCEDURES FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND SPIRITS) IN COLLIER COUNTY PARKS TO SPECIFICALLY INCLUDE ALL COLLIER COUNTY PARK FACILITIES WITH A REQUIRED PERMIT ISSUED BY THE PARKS AND RECREATION DIVISION. 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, pursuant to Ordinance No. 07-66, as amended, the Parks and Recreation Division has created Policies and Procedures regarding the sale, consumption, or possession of alcoholic beverages in the County Parks and Facilities; 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 Division has created Policies and Procedures regarding the sale, consumption, or possession of alcoholic beverages at all Collier County Parks and Recreation Facilities. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 04-PKR-01113/1409625/1]1 C-;) 16.D.5.b Packet Pg. 913 Attachment: Resolution 2018-084 (11689 : Resolution for Alcohol in Parks) 1.The Parks and Recreation Division 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 (including beer, wine, and spirits) is authorized in compliance with this Resolution at all Collier County Parks and Recreation Facilities. 3.The Director of Parks and Recreation has the authority to issue a permit in writing in strict compliance with the Board-approved Policies following a recommendation from the Parks and Recreation Advisory Board ("PARAB"). An applicant for a permit may appeal any adverse decision through the County's administrative appeal process. 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. 16-37. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of May, 2018. 1 l EST: ,. BOARD OF '• COM 401re. ERS, DVI T'E."aBROCK, CLERK COLLIER ' 0 Y, - _ 1. lerk ANDY SOLIS, CHAIRMAN signntiire only. Approved as to form and legality: CX) I 0 )71fr,01/K-SL—. olleen M. Greene Assistant County Attorney 04-PKR-01113/1409625/1]2 16.D.5.b Packet Pg. 914 Attachment: Resolution 2018-084 (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 1 of 7 CATEGORY: Administration NUMBER: AA0010 PRACTICE: 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 with the current Resolution. DEFINITION: A. Alcoholic Beverage shall mean any beer, wine, or spirits as authorized by Resolution; and 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 taking place, public or private, where alcoholic beverages will be served/sold to those of legal age dependent upon the following conditions: 1. Sale, admission, a ticket, a donation, or meal charge. C. Public Special 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. D. 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. PROCEDURE: A. SPECIAL EVENTS 1. Applicant must be 21 years of age or older. 2. Applicant must complete the Collier County Parks and Recreation Division “Alcohol Use Permit,” and submit (Attachment B). Permit is available at Collier County Parks and Recreation Division, Administrative Offices, Exhibit Hall, 15000 Livingston Road, Naples, Florida. 3. For new applicantions aApplicants must provide the Parks and Recreation Division Director’s office with a completed application and Request for Presentation To The Parks And Recreation Advisory Board (PARAB) at least 13 days prior to the monthly meeting (no July meeting). Parks and Recreation Division Director may approve applicant requests previously approved by PARAB. 16.D.5.c Packet Pg. 915 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 2 of 7 CATEGORY: Administration NUMBER: AA0010 4. Applicant will make presentation to Advisory Board and the Parks and Recreation Advisory Board (PARAB) will review the application and make a recommendation to the Division Director. 5. An applicant for a permit may appeal any adverse decision through the County’s administrative appeal process found in the Collier County Code of Laws and Ordinances. 6. “Alcohol Use Permit,” Permit holder must be and must be in attendance at the event at all times. 7. All required documentation including but not limited to required liability insurance, auto insurance, Collier County Sheriff contract, site plan, EMS contract, Fire Department review (if required) must be provided to the Park Facility at least seven (7) days in advance. SECTION 1: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION PERMIT APPLICABILITY A. Applicable to all events, public or private, held at County Parks and authorized by written permit, which allows alcohol to be served, sold, and/or consumed. B. Event organizer must have a confirmed reservation or contract for rental, with proper insurance documentation. SECTION 2: ALCOHOLIC BEVERAGE SALE AND CONSUMPTION SERVICE EXPECTATIONS, STANDARDS, AND PARK USER RESPONSIBILITY FOR PUBLIC AND PRIVATE EVENTS A. Applicant signing the permit must be present during the entire event. B.A. 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 or designee. C.B. All park property where alcohol is served, sold, or consumed as part of any event must be b oth 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 overconsumption, AND to those not invited or included to/in an event. D.C. 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 organize r to ensure all guests strictly adhere to this policy. E.D. GLASS AND STYROFOAM ARE PROHIBITED AT ALL TIMES. 16.D.5.c Packet Pg. 916 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 3 of 7 CATEGORY: Administration NUMBER: AA0010 F.E. All alcohol must be served in aluminum, plastic, or paper containers (recyclable or compostable preferred). Wine or spirits 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 s ale or distribution by a representative of the applicant (permit holder). G.F. 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 otheranother authorized person, the service of alcoholic beverages will be closed for the remainder of the event time. H.G. 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 a dmission 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. H. No one under the age of 21 years may be involved in the beer garden or booth. No minors are to be involved in the selling of tickets and/or serving of alcohol. SECTION 3: ADDITIONAL PUBLIC EVENT SERVICE EXPECTATIONS, STANDARDS, AND PARK USER RESPONSIBILITIES A. If not in 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 Division 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 Division 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 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 sub-contracting a licensed caterer. F. In all instances, the applicant should contact the Collier County Department of Health to ensure service is in accordance with Health and Human Services Guidelines, and that necessary permits are obtained. 16.D.5.c Packet Pg. 917 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 4 of 7 CATEGORY: Administration NUMBER: AA0010 SECTION 4: 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( liability coverage for drivers who do not own the vehicle). B. 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 Division 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 Divisions, 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 Division 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. 16.D.5.c Packet Pg. 918 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 5 of 7 CATEGORY: Administration NUMBER: AA0010 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 panelsfenced or barricaded with approximate 42” in height (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 or barricades may require sand baggingsandbagging. 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 Division. 3. All beer gardens which are requesting to havegarden requests of 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. 16.D.5.c Packet Pg. 919 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 6 of 7 CATEGORY: Administration NUMBER: AA0010 Attachment B - Permit to Serve, Sell and/or Consume Alcoholic Beverages within Collier County Facilities and Parks Applicant Name: Applicant’s Address: Email Address: Cell Phone(s): Day Time Phone: Night Time Phone: Organization/Group Name: Mailing Address: Applicant’s Affiliation with Group: Park Name/Facilities Requested: Event: Public Private Event Purpose: Event Name: Event Date(s): Description of Event: Anticipated Number of Persons Attending Event: Anticipated Number of Cars at Park at One Time: Time of Event: (including preparation and cleanup) 16.D.5.c Packet Pg. 920 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) COLLIER COUNTY PARKS & RECREATION EFFECTIVE DATE: March 2011 PRACTICES AND PROCEDURES MANUAL REVISED: May 2018January 2020 REVIEWED: May 2018January 2020 SUBJECT: Alcohol Beverage Sale and Consumption in County Parks and Facilities PAGE 7 of 7 CATEGORY: Administration NUMBER: AA0010 Hours of the Sale and Consumption of Alcoholic Beverages Hours of the Sale and Consumption of Alcoholic Beverages NOTE: No sale or consumption of alcoholic beverages permitted 1 ½ hours prior to the conclusion of the event and vacating the facility). Type of Alcohol: Served OR Sold 16.D.5.c Packet Pg. 921 Attachment: AA0010 Alcohol Practice and Procedure (11689 : Resolution for Alcohol in Parks) i~,. ~"; 6?o 7-A. 0",J:: ~ NOV 2007 ~ ORDINANCE NO. 2007 _ ~ RECHVEll ~/~RDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY MMISSIONERS AMENDING PROVISIONS OF THE COLLIER lr;i,\3~~OUNTY CODE OF LAWS AND ORDINANCES, (CODE OF LAWS) Gc(... "/ CHAPTER 98, PARKS AND RECREATION, ALSO KNOWN AS ORDINANCE NO. 76-48, AS AMENDED, PERTAINING TO PARK USE; PROVIDING FOR ADDITIONAL DEFINITIONS IN ARTICLE III, SECTION 98-57; ADDING AN EXCEPTION TO SECTION 98-58, PROHIBITED ACTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. '-1 . :::; c;:::.1__ -.J l't' <::::) .........n"". C) ~ ~ WHEREAS, the Registry Resort was sold and the current concession agr~ent~twe:eJi c: ._, ....D ~ the Registry Resort and Collier County needs to be updated with the new owner lfP, the pJ:~peljlr;; LeHill Partners, LLC (hereafter "Naples Grande"); and ~.. . ',CJ l.---:>rj S;: n:~ --I WHEREAS, the new owner, Naples Grande, wishes to enter into a ten (10) year lease with renewal options for the beach facility at Clam Pass Park; and WHEREAS, Naples Grande wishes to provide up to Two Hundred Thousand Dollars 200,000) in capital improvements to the beach facilities at Clam Pass Park; and WHEREAS, as the part of the operation of the beach facilities, Naples Grande would like to serve alcoholic beverages, at the beach facilities at Clam Pass Park; and WHEREAS, current Collier County Ordinance prohibits the carrying, possession of drinking of any alcoholic beverage in any park with the exception of the Golden Gate Community Center; and WHEREAS, this existing exception allows the possession and consumption, as well as the sale of alcoholic beverages at the Golden Gate Community Center; and WHEREAS, this amendment would provide an additional limited exception to the prohibition against carrying, possession or drinking of any alcoholic beverage in any public park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: DEFINITIONS. Ordinance No. 76-48, as amended, also known as Section 98-57(b), Collier County Code of Laws and Ordinances is hereby amended to add the following definitions: ill Deoartment means the Collier County Parks and Recreation Department. 1 Words sEmsk tl!rElllgl! are deleted; words underlined are added. 16.D.5.d Packet Pg. 922 Attachment: Ordinance 2007-66 (11689 : Resolution for Alcohol in Parks) ill Director means the director of the Collier County Parks and Recreation Department. SECTION TWO: Ordinance No. 76-48, as amended, also known as Chapter 98, Article III, Section 98-58, Collier County Code of Laws and Ordinances is hereby amended to add the following: Section 98-58 Prohibited Acts: 10) Carry, possess, or drink any alcoholic beverage in any park except as provided in the exemption set forth in subsection (b) of this section or except at such times and in such manner as then not prohibited by law and to the extent expressly authorized in advance and in writing by permit issued by the director of the Department in strict adherence with policy rules of the Department approved by resolution of the Board of County Commissioners. SECTION THREE: CONFLICT AND SEVERABILITY. In the eyent this Ordinance conflicts with any ordinance of an applicable Municipal Corporation or of Collier County, or with any superseding statutory provision, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION INTO THE CODE OF LAWS AND ORDINANCES. The provision of this Ordinance shall become and be made a part of thc Code of Laws and Ordinances of Collier County, Florida. Provisions of this Ordinance may be renumbered or relettered to accomplish same, including the word "ordinance" may be changed to "section", subsection", "article", or other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count y,Florida, this :2"3 day of Oc...i-obe.-- ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA J (_ By: Clu.,u ~_O(. Attest. II to Df.m ~ ~lerk s1Q1l.t.,. OCI J.." . By: JA~d#U This ordinance filed wllh me. Secretory of State's Offiel! HI@ 1ft!l'day of rr~, ~_ and acknowledgement of tho!Words strllck tl!rollgl! are deleted; words underlined are added. filing received this ~ dt:l\ol of~~ .~ By~ ;vI4,. ep\Jty C k 2 16.D.5.d Packet Pg. 923 Attachment: Ordinance 2007-66 (11689 : Resolution for Alcohol in Parks) Approved as to form and Legal sufficiency: a~~R bert N. aChary Assistant County Attorney CP\07 -PKR-OO I OO\Ord\NaplesGrande 3 Words stmsk tl!fElllgl! are deleted; words underlined are added. 16.D.5.d Packet Pg. 924 Attachment: Ordinance 2007-66 (11689 : Resolution for Alcohol in Parks) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-66 Which was adopted by the Board of County Commissioners on the 23rd day of October, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of October, 2007, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Bo,a,!\"tdl:;Q:e " Cou ty Commiss.;[b,her"S' /('/:_ G By: Martha Deputy 16.D.5.d Packet Pg. 925 Attachment: Ordinance 2007-66 (11689 : Resolution for Alcohol in Parks)