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B Discuss-Allow Wine in Parks ß MEMORANDUM CITY OF CHANHASSEN TO: Park and Recreation Commission 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 FROM: Todd Hoffman, Park and Recreation Director/¡(y& February 11, 2005 DATE: Administration Phone 952.227.1100 Fax 952.227.1110 SUBJ: Recommendation to City Council Concerning an Amendment to City Code Sec. 14-61 to Permit the Consumption of Wine in City Parks Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 As a part of their strategic planning for 2005, the City Council identified a desire to review the current ordinance governing the consumption of alcoholic beverages in city parks. Council members have heard from residents that it would be nice to be able to drink wine while visiting a park or attending a special event held at a city park. Finance Phone 952.227.1140 Fax 952.227.1110 The current section of the city code governing alcoholic beverages reads: Park & Recreation Phone 952.227.1120 Fax 952.227.1110 (a) The definitions in Minnesota Statutes section 340A.I0l apply to this section. Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 (b) Except for malt beverages, no person shall consume or have in his or her possession while within any city park any bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have been partially removed. Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Park rules currently prohibit the possession of glass bottles, glass containers, or glass receptacles within a city park. Beverages, including malt beverages (beer) are permitted in non-glass containers. Senior Center Phone 952.227.1125 Fax 952.227.1110 A survey of area communities concerning alcohol in parks turned up the following: Web Site www.ci.chanhassen.mn.us · Chaska: No alcohol permitted in parks · Eden Prairie: Alcohol prohibited at school/park sites and youth athletic parks - no restrictions in other locations · Minnetonka: Beer and wine permitted in picnic areas only by special permit · Plymouth: No alcohol permitted in parks · Shorewood: No alcohol permitted in parks The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. - Park & Recreation Commission February 11, 2005 Page 2 The communities that do not permit alcohol cited a desire to maintain a family friendly atmosphere, limit access to minors, and avoid problems associated with excessive consumption. Eden Prairie takes a different approach, allowing all types of alcohol at specific locations while banning alcohol at others. RECOMMENDA TION It is recommended that the Park and Recreation Commission recommend the City Council amend section 14-61 of the code to permit the consumption of wine in addition to malt beverages in city parks and amend section 14-68 to prohibit glass containers from public beach areas only. PARK AND RECREATION COMMISSION UPDATE (2-22-05) The Park and Recreation Commission reviewed this item on February 22, 2005. After a twenty minute discussion (verbatim minutes are not yet available), the Commission elected to separate the issues of permitting the consumption of wine in city parks and allowing glass containers in city parks. A motion to permit the consumption of wine in city parks passed on a 4 to 1 vote. A motion to permit glass containers within city parks, except on beaches, ball fields, spectator areas, playgrounds and the skate park passed on a 3 to 2 vote. RECOMMENDA TION TO CITY COUNCIL It is recommended that the City Council amend Section 14-61 of the City Code to permit the consumption of wine in addition to malt beverages in city parks and amend Section 14-68 to permit glass containers except on beaches, ball fields, spectator areas, playgrounds, and the skate park. I' ;¡¡.~ , ....'.,....:.......... '., t '. § 14-58 CHA~ENCITYCODE (e) A permittee shall be bound by all park rules and regulations and all applicable ordinances ful1y as though the same were inserted in the permit. (f) The person to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any person wherever by reason of the negligence of the person or persons to whom such permit shan have been issued. Within forty-eight (48) hours of the end' of the permit, a permittee shall remove from the park all trash in the nature of boxes, 'paPers. çans, bottles, garbage and other refuse and all installations and equipment, and restore the pre~- ises to their condition prior to use. (g) The city shall have the authority .to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. (Ord. No. 59, § 31,7·21-75) Sec. 14-59. Parking permits. ., , } ~ ¡ .~ ::; , '.' No Person sha111eave or park any vehicle on any public: lan~ or grounds adjacent to or in the neighborhood of Lake Ann Park during the months· of May, June, Jüly, August and September of each year without having attached to the vehicle in a conspicuous place a permit for that year. Such permits for the parking of automobiles or other vehicles or conveyances on public lands or grounds adjacent to or in the neighborhood of ~ake Ann Park shall be issued QY the city to any resident or real property owner of the. city upon payment to the City of a permit fee in tbe amount established by resolution each year. Such permits shall also be issued to any person who is -not a resident of the city or who does not own real property witbin - the city o,nly upon payment to the city óf a permit fee in the am~unt established by resolution each year. (Ord. No. 59, § 31,7.21.75) ., , -~ Sec. 14-60. Operatinl hou.rs. ~ No person shall park, be in or remain in, or leave any vebicle in any park, between the hours of 10:00 p.m. and 6:00 a.m. This section does not apply to those vehjc:les or persons involved in organized activities which are authorized to rem8in in a park by the city. (Ord. No. 59, § 4,7·21.75) , !~ J " Bee. 14·61. Alcoholic bever'1:¡. (a) The der~tions in Minnesota Statutes section 340AIOl apply to this sectiQn. . ..... ;. ¡ ~ - . . .. . (b) Except for malt beverages, no person aha1l consume or have in his pr her po88e8lion while within any city park ïmy bottle or receptacle which contains intoxicating liqUor which haa been opened, or the seal·broken, or tbe content. oCwbich have been'parÜaDy removed., (Ord. No. 57, § 5.02,6-17-75; Ord. No. 57A, § 1. 9-2()''16; Ord. No; 2H. § 7.19,0&.19-82; Ont. No. 134, § 1, 11·11-90) .. 0. Supp. No. 3 786 j(~ i\· .J. '\ ;::: " § 14-67 CHANHASSEN CITY CODE , i j ¡ j ¡ . ! ~ , j i /i :i f ~ :~ .~ ,> See. 14-8'7. Use of vehicles. (a) No person in any park shall ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads as the city council may designate by posted signs. for speedier travel. (b) No person when using a park shall interCere with the passage ofvehicleø. (c) No vehicle is permitted on any footwalk, lawn, or any other grounds of city parks except in such areas or upon such trails, paths or roadways 88 are specifically designated by posted signs for traffic or parking purposes. (d) No driver of any vehicle shall tow or push any toboggan. sled, ice skater, bicycle or any other sliding or coasting device. nor shall a driver permit any person to board or alight from nor hang onto said vehicle when said vehicle is in motion. (e) No vehicle of any kind shall be permitted to drive across or on park lands except on roadways, except such vehicles and machines 88 ,operated by the city. Nothing herein shall be construed to prohibit the use of snowmobiles in any area of a park. so designated by resolution or ordinance. (n No person shall ride any bicycle upon any trail or sidewalk in such JURnner as to interfere with any pedestrian thereon. (g) Any unoccupied vehicle found in violation of the provisions of tbis article may be removed and impounded at owner's expense by any po1ic:e officer or duly authorized person in accordance with the ormnRnœs of the city. (Ord. No. 59, f 32, 7-21-76) Crou reference-Motor vehicles and traffic, Ch. 12. ..~ . i ::1 See. 14-68. GIaøø recertaeleø. No person øha1l have in his or her possession a glass bottle, glass container, or glass reœptac1e within a city park. (Ord. No. 150. § 1, 6-10-91) See. 14-89. Authorized persons exempt. Law enforcement officers and city employees acting in their ofticia1 capacities. or others acting under their direction or control, are exempted from the provisions of this article. (Ord. No. ~54, § 1,6-24-96) Supp. No. 14 788 (The next page is 839] "..