(Published in the McAlester News-Capital on October 5th, 2016.) ORDINANCE NO. 2578 CONSIDER AND ACT UPON AN ORDINANCE OF THE CITY OF MCALESTER ESTABLISHING THE REGULATION OF BEVERAGE GARDENS WITHIN THE CITY OF MCALESTER, OKLAHOMA; AMENDING MCALESTER CITY CODE CHAPTER 6, ALCOHOLIC BEVERAGES AND NONINTOXICATING BEVERAGES, ARTICLE I, SECTION 6-3, DEFINITIONS; SECTION 6-4, BEVERAGE GARDEN PERMIT; SECTION 6-5, BOUNDARIES AND RESTRICTIONS; SECTION 6-6, BEVERAGE GARDEN FEES; AND, SECTION 6-7, VIOLATIONS AND REVOCATION. WHEREAS, the purpose is to promote safety, health, and general welfare by creating certain conditions and restrictions for the permitting and operating of Beverage Gardens during special events. WHEREAS, to the extent that all City of McAlester ordinances pertaining to the possession, consumption, or sale of non-intoxicating and/or intoxicating alcohols conflict with Chapter 6, Article I, Sections 6-3 to 6-7 shall govern and be controlling. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCALESTER, OKLAHOMA, that: CHAPTER 6: Article I, Sections 6-3 to 6-7, McAlester Code of Ordinances âBeverage Gardensâ is hereby established to read as follows: Sec. 6-3. Definitions. Unless specified, the term: (1) Special Event shall mean any social, cultural, or sporting activity, occurring for a fixed duration, in which an event organizer receives City approval to utilize public space. (2) Beverage Garden shall mean any designated area on public property where alcoholic beverages, not to exceed twenty (20) percent alcohol by volume, are served and consumed. Sec. 6-4. Beverage Garden Permit. (1) A Beverage Garden Permit may be issued to an organization, association, business, or non-profit organized for political, fraternal, charitable, religious, or social purposes. The holder of the Beverage Garden Permit is authorized to sell and distribute alcoholic beverages, not to exceed twenty (20) percent alcohol by volume, during a special event in the designated area for which a permit is issued. (2) An applicant seeking a Beverage Garden Permit shall submit a completed Beverage Garden Application form to the City of McAlesterâs Revenue Officer fourteen (14) days prior to the special event for which applicant would like to participate and may be granted upon satisfying the conditions set forth in this section. The application shall contain the following information: a. The name, address and telephone number of the applicant; b. A site plan showing the proposed designated area for the beverage garden. The sponsoring organization will designate on the site plan the location for multiple vendors, if there will be more than one. c. The dates when the Beverage Garden shall be conducted; d. A copy of the applicantâs current license for non-intoxicating and intoxicating beverages issued by the City of McAlester, Pittsburg County and the State of Oklahoma, if required; e. Each vendor shall present a certificate of liability insurance coverage, with limits of liability as required by the City of McAlester; f. A statement, signed by each vendor, certifying that if a permit is approved, the applicant agrees to abide by all applicable laws and ordinances of the city and to indemnify and hold the city harmless from any and all liability arising out of the use or condition of the premises or operation of the Beverage Garden; and g. Other information as the City Manager or his designee deems appropriate. (3) A Beverage Garden Permit shall be issued by the City of McAlester and shall be valid for a period not to exceed three (3) consecutive days. The applicant must have and abide by all applicable State and County licenses. (4) Only those persons holding a current valid license for non-intoxicating and/or intoxicating on-premises consumption issued by the State of Oklahoma, pursuant to this chapter and other applicable state or county licenses, shall be eligible for a Beverage Garden Permit. (5) The City Council shall be able to approve a Beverage Garden Permit upon request during a regularly scheduled City Council meeting. Sec. 6-5. Boundaries and Restrictions. (1) Alcoholic beverages, not to exceed twenty (20) percent alcohol by volume, shall be served in the designated area for which a permit is issued. (2) Consumption of alcoholic beverages served from the permitted Beverage Garden shall be allowed. Alcoholic beverages must remain within the designed area of the Special Event. (3) Beverage Gardens shall remain confined to the following areas: a. Downtown shall include: i. West side of Main Street from Chickasaw to Carl Albert; north side of Carl Albert from Main Street to Fifth Street; east side of Fifth Street from Carl Albert to Choctaw; south side of Choctaw from Fifth Street to Third Street; east side of Third Street from Choctaw to Chickasaw; south side of Chickasaw from Third Street to west side of Main Street. b. Old Town shall include: i. East and west sides of Main Street from 2600 North Main to the south side of east Smith Avenue. c. Southeast Expo Center shall include the Southeast Expo Center facility and fairgrounds. d. McAlester Public Parks shall include all designated public parks owned and managed by the City of McAlester. (4) Beverage Gardens shall only operate between the hours of 9:00am and 11:00pm, and a state licensed operator shall be present at all operational hours. (5) Beverage Gardens shall be surrounded by a physical barrier, which restricts the flow of movement. All barriers shall be at least thirty-six (36) inches in height and continuous with the exception of all exit and entry points. Barriers shall be made of sufficient material to prevent litter generated within the Beverage Garden from blowing outside the area. Ingress and egress to the designated area shall be from public property. All persons entering the Beverage Garden must be 21 years of age or older. Personnel must be placed at the entrance of the garden and they shall check identification. (6) Beverage Gardens shall comply with all requirements and regulations of the special event organizer. (7) Beverage Gardens shall make all reasonable attempts to keep the designated area clear of trash and debris. (8) All electrical wiring shall comply with applicable electrical codes. (9) All beverages shall be sold or dispensed in non-glass containers. All combustible trash shall be stored in noncombustible covered trash receptacles. (10) Other reasonable standards shall be required by City officials based on specific situations. (11) The permit issued pursuant to Section 6-4 shall be kept on the premises of the Beverage Garden during all hours of operation and shall be made available for inspection upon request. Sec. 6-6. Beverage Garden Fees. (1) For each designated area permitted for use as a Beverage Garden, a fee in the amount of fifty dollars ($50.00) and a refundable cleaning deposit of one hundred dollars ($100.00) will be required. A permit shall be issued only for the designated area shown in the original application. (2) Permits shall not be transferable to other persons or other designated areas. Sec. 6-7. Violations and Revocation. (1) Any person who violates any provision of this ordinance or who allows or attempts to allow a Beverage Garden Permit to be used by another person to operate a Beverage Garden, or who applies for a permit with the intent to transfer or attempt to transfer the permit, shall be guilty of an offense and upon conviction thereof, shall be fined two hundred dollars ($200.00). Each day of violation shall constitute a separate offense. (2) The City of McAlester shall reserve the right to immediately revoke with cause any permitted Beverage Garden that does not comply with the regulations of this ordinance. Those Beverage Gardens which create nuisances or hazards to the general welfare shall have their permit revoked. Passed this 27th day of September, 2016. CITY OF McALESTER, OKLAHOMA By John Browne, Mayor
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