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IV.3. Extension of On-Sale Liquor License Premise for LTD Brewing LLC DBA LTD Brewing Co.; Domeier September 4, 2018 Council Report 2018-087 Extension of On-Sale Liquor License Premise for LTD Brewing LLC DBA LTD Brewing Co. Proposed Action Staff recommends adoption of the following motion: Approve Extension of On-Sale Liquor License for LTD Brewing LLC DBA LTD Brewing Co. to allow the sale of alcohol in their th fenced-in parking lot and portion of 8 Avenue on September 22, 2018. Passage of this motion will result in the ability of the LTD Brewing Co. (LTD) to serve alcoholic beverages at their event on Saturday, September 22. The event is scheduled from 2 p.m. to 10 p.m. Overview The owners of LTD have requested an extension of their on-sale liquor license to cover the sale of th alcohol in the fenced-in area within their parking lot, and 8 Avenue as well as live music entertainment, during their Oktoberfest and Sleepwalker Release event. The establishment is required to obtain an insurance certificate for the event and send a letter to the surrounding neighbors advising them of this outdoor event. The Police Department reviewed the request and has no objection to the liquor license extension, provided LTD abides by the regulations outlined in 5-D Special Events Policy, Sections 5.22 and 5.23. Primary Issues to Consider  What measures will be taken to assure that persons under the age of 21 will not have access to alcohol? (See attached policy)  What measures will be taken to assure that outdoor activities will cease at 10:00 p.m.? (See attached policy) Supporting Documents  Policy 5-D Special Events Policy Amy Domeier, City Clerk Financial Impact: $____________Budgeted: Y/N ____ Source: ________________ Related Documents (CIP, ERP, etc.): ______________________________________ Notes: ______________________________________________________________ POLICY 5-D SPECIAL EVENTS POLICY 1. PURPOSE 1.01 The purpose of this policy is to set forth procedures to be followed by organizers of Special Events who wish to use city property and/or require city services. Any organization wishing to sponsor or hold a Special Event in the City of Hopkins will be required to complete the Special Event Permit Application. The City will conduct a complete review of any Special Event Permit Application and inform the applicant if the event is allowed. Special Events are defined as any parade, race, procession, carnival, community picnic, celebration, fundraiser, dance, concert, large assembly, or other special event on City property within the corporate limits of the City of Hopkins. 2. CITY SERVICES PROVIDED FOR SPECIAL EVENTS 2.01 Pre-Approved Activities: Pre-Approved Activities are special events for which the City provides some basic services without charge. Pre-Approved Activities include: a. St. Patrick's Day Parade b. Raspberry Festival Parade and Family Day c. Old Fashioned Holiday d. Mainstreet Days e. Farmer's Market f. National Night Out 2.02 Other Events: Approval of the following events is at the sole discretion of the City of Hopkins. Events must be determined to be in the general interest of the public. Events must also not require excessive staff support from the City. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.03 Co-Sponsored Events: The City may co-sponsor certain events with other organizations, when the City Council determines that the event is in the general interest to the public and advances the City’s public image. The City will provide financial support to these events as determined in the annual budget appropriation. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in excess of the support level authorized by the budget appropriation. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.04 Other Non-Profit Events: The City may provide up to $300.00 in City labor costs and related fringe benefit costs, and use of City equipment to assist Special Events operated by non-profit organizations. These events must meet the requirements of the Special Event Policy and must reimburse the City for any costs in excess of this support level. Groups filing an application as a Non-Profit Event must be able to submit a current IRS 501C3 Statement. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 2.05 Other For-Profit Events: The City may allow other Special Events operated by for-profit sponsors that are beneficial to the City and the public. These events are subject to an additional use charge for the use of the public property. In addition, these events must pay 100% of all City costs related to the event. These events must meet the other requirements of the Special Event Policy and must reimburse the City for any City costs in addition to the payment of the established permit rate. The minimum additional use charge shall be $250.00 per day. Approval of an event does not require the City to approve similar events or even the repeat of the same event. Each event will be reviewed separately. 3. FEES FOR SPECIAL EVENTS 3.01 Hourly Rate shall be the hourly cost for any employee working on a Special Event as established by City Administration. Please note that these rates are reviewed/adjusted annually. Please refer to Attachment A to confirm rates. The Hourly Rate shall include expenses related to the employee including fringe benefits. 3.02 Purchased or Rental Materials shall include all direct costs for all materials purchased or rented by the City of Hopkins for use at the event. 3.03 Equipment Charges shall be the current equipment usage rates as established by the City of Hopkins. 3.04 A Replacement Cost will be billed for missing and/or damaged equipment and supplies. 4. BILLINGS FOR SPECIAL EVENTS 4.01 Special Event billing by the City shall be itemized by the employee time of Public Works, Police and Fire; any purchased or rented materials; equipment charges; and any replacement costs for missing or damaged equipment/supplies. 4.02 If approved, event sponsors who have previously hosted the same event in the year prior AND paid their bill in a timely manner will be extended the courtesy of paying all City fees after their event is completed and billed for the current year. 4.03 If approved, new events or events that are repeating annually and did NOT pay their bill in a timely manner must submit either a cash deposit, check with payment of 75% of estimated expenses be used as a deposit to be credited against the final payment. Deposit fees must be paid not less than 30 days prior to the newly scheduled event. 5. REGULATIONS AND PROCEDURES 5.01 Any person or organization wishing to sponsor a Special Event must obtain a Special Event Permit not less than 45 days before the special event. 5.02 Applications for a permit for a Special Event will be available at the City Clerk's office, and if approved, shall become a part of the permit. Incomplete applications will be returned. 5.03 The permit fee shall accompany the application. 5.04 Special Events which are not sponsored by the City or deemed Pre-Approved may require a deposit of not less than $200 or as determined by the City Manager. 5.05 The cash deposit will be calculated based on the anticipated and potential cost to the City of Hopkins, and shall be submitted no less than thirty (30) days before the special event. 5.06 The return of the deposit is conditioned upon the applicant having not requested nor received services which are a cost to the City of Hopkins and the applicant causing no damage to the public or private property in the City of Hopkins, and further conditioned upon the fact that the applicant will remove all dirt, paper, litter, or other debris generated by its operations, from the site of the event and the adjoining premises upon completion of the event. 5.07 Issuance of a Special Event Permit does not constitute a waiver of any Federal, State or Local laws. Applicants are responsible for complying with all applicable Federal, State, and Local laws. 5.08 Issuance of a Special Event Permit does not, in any way, imply City sponsorship of the Special Event. 5.09 Traffic Control Measures: Applicant is required to pay all costs for traffic control measures and traffic control personnel. 5.10 Traffic Barricades: The applicant shall through a bona fide contractor provide, install and remove all the equipment as stipulated by the Public Works Department. The installation and removal of barricades by Hopkins Public Works Department is subject to the Hourly Rates listed in Attachment A. 5.11 Notice to Property Owners: The applicant may be required to provide a 30-day notice to all property owners about a Special Event as stipulated by the City Clerk or designee. For events at th the 8 Avenue Artery, the City Clerk will provide the applicant with a list of property owners to notify. 5.12 Insurance: Applicant must provide the City with a Certificate of Insurance showing proof of general liability insurance, automobile liability insurance (if applicable) and liquor liability insurance (if applicable) meeting the following minimum requirements:  Applicant shall procure and maintain for the duration of the event commercial general liability insurance or equivalent special event coverages protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event’s operation and use of the City’s property in the minimum amount of $1,000,000 per occurrence.  If automobiles will be used during the event, Applicant shall provide automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence. Coverage shall include liability for owned, non-owned and hired automobiles.  If alcohol will be sold or served, Applicant must have liquor liability (dram shop) insurance in the minimum amount of $1,000,000 per occurrence.  The City shall be endorsed as an additional insured on all liability policies. Applicant’s insurance shall be primary.  The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. 5.13 Claims: Applicant agrees to defend and hold the City harmless from claims, demands, actions or causes of actions, of any nature of character, arising out of, or by reason of conduct of the event authorized by such premise extension, including attorney fees and all expenses. 5.14. Damages: Applicant will indemnify the City for all damages that may result to City property as a result of an event. 5.15 Supervision: Applicant will maintain adult supervision of the event at all times. Applicant will provide security as stipulated by the Chief of Police or designee. Security will be billed at the Hourly Rate outlined in Attachment A. 5.16 Clean-up: Applicant will, at no cost to the City, immediately clean up, remove and dispose of all litter or material of any kind, which is placed or left on the street because of the event. If the Applicant neglects or fails to proceed with clean up within a two-hour period immediately following the end of the event, or if the cleanup is done in an inadequate manner, the Director of Public Works or designee is authorized to cleanup and charge Applicant for clean-up at the Hourly Rate shown in Attachment A. 5.17 Trash Disposal: Applicant will provide plans for trash disposal including the company contracted for trash disposal as part of the Special Event Permit Application. 5,18 Restrooms. Applicant will provide plans for providing restrooms including the company contracted for supplying restrooms as part of the Special Event Permit Application. 5.19 Use of City Utilities: The Applicant will not use City utilities for any event unless permission has been granted by the Director of Public Works or designee. The electrical circuits in the Central Business District have a limited amperage capacity. Applicant will provide plans for events on the th 8 Avenue Artery where the use of City utilities for events will be permitted. 5.20 Food Permits. The Applicant shall obtain a Minnesota Department of Health food license and shall comply at all times with the applicable health codes and regulations. Proof of license shall be provided to the City Clerk at least seven days before the event and kept on site for immediate inspection. 5.21 Mobile Food Units. The applicant shall obtain a Mobile Food Unit license from the City Clerk and shall comply with all conditions outlined in Legislative Policy 5-J Mobile Food Units. For units th parked at the 8 Avenue Artery, all food sales must locate in the defined space. 5.22 Alcoholic Beverages on Public Property. The Applicant is required to follow the procedures listed in Legislative Policy 5-K Alcohol/Security/Conduct Policy at City Facilities. All of the below stipulations are inclusive of interior and exterior areas of any special events:  Fencing surrounding the defined area for the service of alcoholic beverages will be secured to establish the outdoor event area. All liquor sales and containers used for consumption must remain in the defined space.  There should be controlled access to the event with event security personnel to identify and wrist band those of legal age to consume. The gate/emergency exit of the fenced area will need to be continuously staffed to prevent patrons from leaving with alcoholic beverages.  Events are “21 and over” after 9 p.m. when alcohol is being served.  All alcohol service will cease at 10 p.m. All patrons must exit the defined space by 10:30 p.m.  Event security will assist the Police Department in clearing the event at closing time. The closing time should be prominently displayed throughout so there is no confusion at the end of the evening when patrons are asked to leave.  For events, applicants will be required to hire uniformed police officers to supplement their security staff as required by the Police Department. Monitoring of those consuming alcohol will be done by event coordinators and the Hopkins Police Officers who have been hired to assist with the oversight of the event. 5.23 Outdoor Music. No outdoor music or amplified sound is allowed during the hours of 10 p.m. and 7 a.m. The Police Chief or designee has the ability to direct the event manager to control the level of noise and/or terminate the event at any time. Any plans for outdoor music or amplified sound must be described in the Special Event Permit Application. 5.24 Outdoor Tents. Applications must be submitted for any tent permits exceeding 200 square feet. Erection of tents, canopies, or similar structures is allowed; however, the applicant cannot drive stakes, nails, screws, posts, or otherwise disturb either paved or unpaved surfaces within the right of way to secure such features. 5.25 Variances. The applicant shall provide in writing the condition or conditions that are requested to be modified, the modification that is request, and the factors that the City Manager or designee should consider when determining the modification. Variance requests must be submitted with the Special Event Permit application. Approval of a variance does not require the City to approve similar variances or even the repeat of the same event. Each variance will be reviewed separately. 5.26 Termination: The applicant may terminate this agreement at will by giving 14 days written notice to the City. If less than 24 hours’ notice is given to cancel an event that required contracted work, staff will be compensated for a 2-hour minimum charge. City staff has the authority to cancel or stop an event, or place additional restrictions on the event, if it is deemed that the public health, safety or welfare would be better served with additional restrictions. 5.27 City staff may place any additional requirements on any event. These requirements may include specific staff levels for Police, Fire, Public Works or other personnel. Expenses will be billed to the sponsoring organization under the terms of this policy. Established: 5/19/88 Revised: 11/16/93 Revised: 01/19/16 Revised: 03/06/18 City of Hopkins ATTACHMENT A SPECIAL EVENT FEE SCHEDULE FOR SERVCIES (this fee schedule may be reviewed and updated annually by the City Administration) Public Works Personnel Cost Per Hour (Minimum 3 hours per employee call-in) $36 regular time; $54 OT  General Laborer $64  Supervisor Police Department Personnel Cost Per Hour $74.10  Police Officer Fire Department Personnel Cost Per Hour $14.95  Firefighter Vehicles Cost Per Hour $90  Garbage truck $35  Pick Up truck $90  Dump truck $90  Boom truck $250  Fire truck