§ 4-5. Waiver of consumption prohibitions on public property.

(a)

Except for such city properties where deed restrictions prohibit alcohol, the provisions of any ordinance making it illegal to have alcoholic beverages on public property may be waived by the city manager or his designated representative, upon petition from any group, and the city manager or his designated representative may issue a special waiver to allow alcoholic beverages if, after review, he determines that the following conditions and circumstances exist:

(1)

The alcohol use will be in connection with a planned and scheduled event anticipated to involve fifty (50) or more people;

(2)

Appropriate security is provided by the permittee to ensure that laws governing legal age for drinking and public intoxication will not be violated and that public property at the site of the event is safeguarded;

(3)

A deposit in an amount established by rules and regulations for the applicable public property is posted.

(b)

Any such waiver which has been issued must be available at the site of the event and must be produced for inspection upon request by any law enforcement official.

(c)

The city manager or his designated representative shall develop rules and regulations for conducting of such event within the framework of the policy stated in this section and shall ensure that waiver applicants are fully cognizant of same at the time a permit is issued.

(d)

Applicants who have been denied a waiver by the city manager or his designated representative may appeal to city council providing such appeal is made no later than ten (10) days preceding the date of the scheduled event.

(Ord. No. 59172, §§ 1—4, 8-9-84; Ord. No. 68849, § 1, 2-16-89)