§ 42-5. Alcoholic beverages in city parks.

(a)

Under the regulations of the state alcoholic beverage laws and rules stated in IC 7.1, the city park and recreation board shall be granted authority to sell wine and beer at the Dykeman Park Municipal Golf Course utilizing standard operating procedures established by the city park and recreation board.

(b)

The city park and recreation board shall have the authority to grant exceptions to subsection (c) of this section under the following circumstances:

(1)

A community event which shall be located at the Little Turtle Waterway Plaza and/or lawn and is sponsored by a community organization.

(2)

Evidence is provided by the community organization 30 days in advance that:

a.

A temporary beer/wine permit has been received;

b.

The city has been provided with the following:

1.

A certificate of insurance naming the city as additional insured. Additional insured coverage shall apply as primary insurance and shall not be less than the following minimum insurance limits:

(i)

Comprehensive general liability:

A.

Bodily injury: $1,000,000.00 per occurrence;

B.

Property damage: $1,000,000.00 per occurrence;

C.

Combined/single limit: $1,000,000.00 per occurrence;

D.

Aggregate limits: policy $1,000,000;

Such insurance shall cover liability arising from premises operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract;

(ii)

Liquor liability is required as follows: $1,000,000.00 per occurrence; $1,000,000.00 per aggregate;

2.

The minimum limits of coverage required by this subcontract may be satisfied by a combination of primary and excess umbrella insurance policies;

3.

All such policies of insurance shall contain a provision that the same shall not be canceled nor the coverage modified nor the limits changed without first giving 30 days written notice thereof to the city;

4.

The city shall be named as additional insured on such required policies;

c.

A licensed alcoholic beverage caterer has been employed to serve alcoholic beverages;

d.

A minimum of two off-duty police officers have been privately employed to contain and monitor the consumption of alcohol within a defined perimeter;

e.

Food is being served in association with the event.

(3)

A statement of agreement is signed by the community organization that all alcohol being consumed by its guests has originated from its licensed caterer, and that a certificate of insurance showing coverage for liquor liability naming the city has been provided.

(4)

The community organization has paid the appropriate deposits and rental fees.

(c)

Except for circumstances as stated in subsections (a) and (b) of this section, it shall continue to be unlawful for any person to possess, carry, transport, drink, use or consume, sell or offer for sale, trade, barter, give away or exchange any malt, vinous, or spirituous alcoholic beverage or liquor in, upon, or within the confines of any parks which are now owned or will be owned, operated, or maintained by the city and are managed now and in the future by the city parks board. This includes the picnic pavilions at Dykeman Park.

(d)

Except for circumstances as stated in subsections (a) and (b) of this section, anyone who violates subsection (c) of this section shall, upon conviction, be fined in a sum not to exceed $1,000.00. Fines are payable to the city in the clerk-treasurer's office and will be deposited into the general fund. Fines are assessed as follows:

(1)

First offense: $250.00;

(2)

Second offense: $500.00;

(3)

Third offense: $1,000.00;

(4)

Fourth offense: expulsion from the parks permanently.

(Ord. No. 2008-23, §§ 2—5, 8-4-2008)