[R.O. 2006 §600.080; CC 1985 §3-28; Ord. of 7-11-1985, §50.060; Ord. No. 89.13, 6-15-1989; Ord. No. 00.23 §1, 7-20-2000; Ord. No. 08.13 §1, 5-15-2008]
A. It shall be unlawful for any person to sell, serve, dispense, possess or consume intoxicating liquors upon any public street, sidewalk, alley, park, building or place except for, where dispensing, possession or consumption is permitted under Section
600.085.
B. If the above-licensed premise is within fifty (50) feet of a roadway or another business, the outdoor consumption area shall be screened from said vantage points by vegetative or man-made screening a minimum of four (4) feet in height. The screening is to be situated so that it obscures the overall vision from any one (1) public vantage point by a factor of fifty percent (50%).
[Ord. No. 14.67 §1, 1-8-2015; Ord. No. 17.28 § 1, 4-6-2017]
A. Definition Of A Festival. Any festival, concert, exhibition, or show that requires street closure or if the sale of and consumption of alcoholic beverages will be present at the event.
B. Permit.
1. The Police Chief and the City Administrator may issue a temporary outdoor consumption permit as set out in this Section, for any designated Festival District, or any portion of a Festival District as the applicant may request, such area being referred to herein as the "permit area."
2. The Police Chief and the City Administrator may require such applicant to meet certain conditions for the permit, including but not limited to provisions for sufficient Law Enforcement personnel, on-site ambulance services, portable sanitation facilities, trash facilities and trash cleanup.
3. All expenses for Law Enforcement personnel used as security for the event, on-site ambulance services and additional portable sanitation and trash facilities required by the permit shall be paid by the applicant. The Police Chief and the City Administrator may require a deposit to cover those expenses in addition to the fee set forth in Subsection
(G).
4. All applications under this Section shall be made ninety (90) days in advance of the date of the proposed event although the Police Chief and the City Administrator shall have the authority to waive this requirement when they both agree.
C. Designated Festival Districts. The following areas have been designated as Festival Districts:
1. Osage Beach Festival District - is any section of Osage Beach Parkway owned by the City beginning at the eastern City limits and extending to the western City limits, including all business and properties that present their physical front of the building as facing the street or have a mailing address on Osage Beach Parkway.
2. Such other commercial zoned property as may be approved by the Police Chief and the City Administrator under any conditions as required by the Police Chief and the City Administrator.
D. Within the permit area and during the times of the permit:
1. Section
220.020 relating to
noise may be temporarily modified or suspended by the Police Chief and the City Administrator as part of this permit.
2. The granting of the permit may authorize the full or partial closing of the streets within the permit area; and
a. The applicant is authorized to prohibit the sale of food or beverages on the public streets except those allowed by the applicant; and
b. The applicant may prohibit any commercial activity, including distribution of commercial advertisements, on the public street except those allowed by the applicant; and
c. The applicant may prohibit bringing animals, except recognized service animals, into the permit area; and
d. The applicant may remove from the permit area any person or persons who are disrupting the activities of the applicant. The term "disrupting" shall include, but is not limited to, loud noise, obstructing the view of others, obstructing the flow of pedestrian traffic, or interfering with the applicant's staff or volunteers; provided, however, the term shall not be construed to allow the applicant to prohibit distribution of petitions, pamphlets, or speech which is not disruptive.
3. No person shall possess alcohol within the permit area except beer or wine in a container issued by the applicant or his or her designee(s) (hereinafter "event cup"). The event cup shall be plastic, conspicuous, and unique to the event. Additionally no person shall possess alcohol within the permit area outside a licensed establishment without a wristband designated for the event obtained from the event sponsor.
4. Any establishment which has been granted permission by the permit holder, is listed on the Application for Special Event, Parade, or Festival Permit (Exhibit A) and which is properly licensed to sell liquor by the drink shall be considered a participating establishment and pursuant to the permit may sell and serve beer or wine in an event cup.
5. Any purchaser over the age of twenty-one (21) with an event cup may consume beer or wine on any public street or sidewalk within the permit area. All persons purchasing any beverage in an event cup must be twenty-one (21) years of age or over, and the establishment shall place a wristband as designated for the event on the person's wrist to indicate that they are twenty-one (21) years of age or over. Alternatively, wristbands may be placed on such persons at a central specified location within the permit area. The wristband must remain on the person's wrist at all times when consuming alcohol on the streets or sidewalks within the permit area. Persons with a proper wristband and drinking from an event cup and who are within the permit area, shall not be considered to be carrying an open container under the City of Osage Beach Municipal Code Section
600.070.
6. Persons violating this Section
600.075, or the terms of any permit issued hereunder, shall be guilty of an ordinance violation and/or may be required by a Police Officer to leave the permit area and if so ordered shall not return during the permit period.
7. The event wristband and event cup shall be conspicuous and unique to the event designating the event by name and shall be supplied by the applicant and must be approved by the Police Chief and the City Administrator before the event. A sample cup and sample wrist band shall be provided to the Police Chief for approval, at least fourteen (14) business days prior to start of event. If a sample cup is not available, a rendering or sketch of the event cup must be turned in to the Police Chief.
8. All other provisions of the City ordinance, not specifically suspended or modified here, shall remain in full force and effect.
E. The application must:
1. Be signed by the applicant who must be an individual who shall be personally liable for any violation of the permit or this Section.
2. Be on a form provided by the City and specify the nature of the event, the dates, times, and location of the event, and the schedule for the event.
3. The street closure notification form, which is part of the application, must be signed by the property owners within the designated event area as either approved by them or as presented without their endorsement.
F. Rules Applicable To Permit Areas. During the period that the permit is in effect:
1. No glass containers of any kind shall be allowed within the permit area during its period of operation.
2. All event cups and wristbands shall be obtained only through the event sponsors and participating businesses after verification of the individual's legal age.
3. No alcoholic beverages in open containers of any kind, other than event cups, shall be allowed within the permit area during the event.
4. All temporary vendors shall hold or obtain a City business license and a sales tax license from the State of Missouri listing their business in the City of Osage Beach for the festival period.
5. The permit holder shall clearly mark the boundaries of the event permit area, in a manner acceptable to the Police Chief and the City Administrator or his or her designee, clearly indicating where open containers are and are not allowed.
6. The permit holder shall be responsible for cleaning up trash after the event and restoring streets and sidewalks to pre-event condition.
G. The Police Chief and the City Administrator may not authorize any permits for events to occur:
1. At any time between the Friday before to the Tuesday after Memorial Day;
3. At any time between the Friday before through the Tuesday after Labor Day;
H. The applicant shall pay to the City Clerk a fee for the Application for Special Event, Parade, or Festival Permit, in the amount of two hundred fifty dollars ($250.00).
I. Consistent with public safety the Police Chief, and officers under his or her command, shall have the authority to allow persons not participating in the festival access through the festival area either on foot or in their vehicles, to any business, residence or public street.
J. The application shall be made in a form substantially similar to the attached Exhibit A, and the Police Chief and the City Administrator shall have the authority to amend the said from as they deem necessary.
K. The applicant shall file with the City at the time of application, proof of general liability insurance insuring the event. The City shall be listed as additionally insured with a thirty (30) day notice of cancellation (if applicable) on such policy. The policy shall be in an amount determined by the Police Chief and/or the City Administrator as sufficient to protect the City's assets and liability, but in no event less than one million dollars ($1,000,000.00) or greater than two million dollars ($2,000,000.00). If the Police Chief and/or the City Administrator determine that two million dollars ($2,000,000.00) is insufficient to protect the City's assets and liability, the matter shall be referred to the Board of Aldermen at its next meeting.
[R.O. 2006 §600.090; CC 1985 §3-29; Ord. of 7-11-1985, §50.070]
No intoxicating liquor shall be drunk, consumed or publicly exhibited in a public dining room, lunchroom, soda fountain or any place where meals or lunches and soft drinks are served, where the owner or manager exhibits in the premises signs or placards to the effect that intoxicating liquor may not be drunk in or about the premises. Such signs or placards shall be of sufficient size and in sufficient number to be easily discernible to the general public.
[Ord. No. 08.13 §2, 5-15-2008; Ord. No. 17.29 § 1, 4-6-2017]
A. Applications for permits to sell beer and/or wine or to serve, dispense, possess or consume all intoxicating liquors in or upon any building or other property owned or occupied by the City, other than a City street, must be filed with the City Administrator's office no later than thirty (30) days prior to the event. Applicant must comply with Section
600.075, Temporary Outdoor Consumption of Alcohol at
Festivals when the sale and consumption of alcoholic beverages will be present on City streets during a
festival or event.
1. Required. Approval from the City Administrator, or his/her designee, is required before beer and/or wine can be sold, or any intoxicating liquors can be served, dispensed, possessed or consumed in or upon any building or other property owned or occupied by the City. Intoxicating liquors, other than beer or wine, shall not be sold except for where a liquor license has been issued for such licensed premises.
2. Application. A person seeking permit shall file an "Alcohol on Public Property Application For Permit" with the City Administrator, or his/her designee, and pay a permit fee of fifty dollars ($50.00).
3. Standards Of Issuance. A permit shall be granted when:
a. Alcohol on public property application for permit has been completed fully and signed. A signed application acknowledges agreement to the terms of the application. (Appendix A is on file in the office of the City Clerk.)
b. The proposed activity will not unreasonably interfere with or detract from the general public enjoyment at the activity location.
c. The proposed activity will not be a detriment to the public safety, health, morals, order or welfare by reason of the nature of the event.
d. The proposed activity will not interfere or compete with the City's concession contract(s) specific to areas contracted for concessions, the ball fields at Peanick Park and the Osage Beach City Park. A waiver by the concessionaire shall be obtained if the activity/event interferes with the contracted concession dates and times.
e. The location desired has not been reserved for other use at the date and time specified on the application.
f. The applicant meets all requirements established by the City Administrator, or his/her designee, with this Code.
4. Authorization. Once an authorized permit has been issued, the applicant shall be bound by the permit agreement, all location rules and regulations and all applicable ordinances set by the City of Osage Beach.
5. Revocation. The City Administrator or the Police Chief, or his/her designee, shall have the authority to revoke an application upon any finding of violation of any rule, ordinance or upon good cause shown.
6. Appeal. If an application is rejected, the City Administrator, or his/her designee, shall apprise the applicant, in writing, of the reasons for refusing the application. Any applicant shall have the right to appeal the decision to the Board of Aldermen at the next available Board of Aldermen meeting. The decision of the Board of Aldermen shall be final.
[R.O. 2006 §600.100; CC 1985 §3-30; Ord. of 7-11-1985, §50.080]
It shall be unlawful for the holder of any license authorized by this Chapter, for the sale of any intoxicating liquor at retail by the drink for consumption on the premises where sold, to keep or secrete, or to allow any other person to keep or secrete in or upon the premises described in such license, any intoxicating liquor, other than the kind of liquor expressly authorized to be sold by such license, or any kind of liquor used exclusively as an ingredient in any foods being prepared and sold on the premises.