§ 5-6. Leasing of property for a gathering at which alcoholic beverages will be consumed.

If any owner of an interest in property (the property owner) shall lease, rent, or otherwise temporarily convey for profit that property (the premises or the property) to any individual, group, business entity, organization or other association (the lessee), for the purpose of a gathering of forty (40) or more people at which beer, light wine, and/or alcoholic beverages are consumed (an event), then the property owner must apply for a permit (an event permit) from the city five (5) days in advance of the event and pay an application fee of seventy-five dollars ($75.00). The property owner must apply for an event permit and pay the application fee for each event. The application will be reviewed by the city police department and may be denied on the basis of prior criminal convictions of either the property owner or the lessee. If the application is denied, the seventy-five dollar ($75.00) application fee will be refunded. Furthermore, upon request, the city may waive the application fee if the city makes a determination that the primary purpose of the event will directly benefit the city.

(1)

Any property owner applying for an event permit under this section must supply, at minimum, the following information: property owner's name, residential address and telephone number; the location of the premises; the name of the lessee; the name of an individual (either the property owner, the lessee, or an agent of either the property owner or the lessee) who shall be present on the premises for the duration of the event and who shall be responsible for conduct of the lessee and the lessee's guests on the premises; the date and time of the event; the number of expected guests; and the type of entertainment planned (i.e., live music, disc jockey, etc.).

(2)

If beer, light wine, and/or alcoholic beverages are present in any type of drinking container or in any bottle, can or other container upon which the seal, cork or cap has been opened ("an open container"), on premises that are leased for an event and the property owner has not obtained an event permit under this section, then the property owner shall be in violation of this section. The property owner shall be strictly liable for the failure to apply for an event permit under this section and it shall be no defense that the property owner was unaware that beer, light wine, and/or alcoholic beverages would be consumed or would be present on the premises in open containers.

(3)

This section does not apply to establishments which allow the consumption or sale of beer, light wine, and/or alcoholic beverages under the authority of any other state law or local code.

(4)

If beer, light wine and/or alcoholic beverages are to be sold at any event held under this section, the lessee must either hold a valid liquor license issued by the state (for the sale of alcohol other than light wine or beer) or a valid beer license issued by the city or be a 501(c)(3) charitable organization or bona fide not for profit entity.

(5)

The property owner who leases property for an event shall comply with all state laws and local codes that govern the operation of an establishment which has an on-premises retailer's permit issued by the alcoholic beverage control division, including, but not limited to, chapters governing the hours of operation, the consumption of alcohol by minors, the presence of minors on the premises, entertainment, the conduct of patrons, and any disturbance of the peace. In addition to complying with all applicable chapters pertaining to on-premises retailers, no person may possess any beer, light wine, or alcoholic beverage in an open container, upon the premises permitted under this section (including the land, buildings, parking lot or other improvement under the possession or control of the property owner) except during the hours that establishments with on-premises retailer's permits are allowed to sell beer, light wine, or alcoholic beverages. Outside of the hours that establishments with on-premises retailer's permits are allowed to sell beer, light wine, or alcoholic beverages, no open container may be stored upon premises permitted under this section unless the open container is the personal property of the property owner and its contents are not for consumption by the lessee or by the lessee's guests. When property is permitted for an event under this section, the city may hold either the property owner and/or the lessee liable for a violation of this chapter and/or for a violation of any state law or local code governing the operation of an establishment which has an on-premises retailer's permit issued by the alcohol beverage control division. This section in no way limits or abrogates any other chapter.

(6)

Any person violating the provisions of this section shall be guilty of a misdemeanor and may be fined not exceeding a sum of five hundred dollars ($500.00) for the first offense, or one thousand dollars ($1,000.00) for any subsequent offense, and/or sentenced to serve up to ninety (90) days in jail for the first offense, or up to six (6) months for any subsequent offense. Furthermore, the property owner may lose the right to apply for an event permit under this chapter for up to six (6) months for the first offense and up to a period of one (1) year for any subsequent violation.

(Ord. of 3-5-2013(2), § 2)