CC 2019-04-23_08k TUP_Sale of Beer_Wine_Summer Concert Series
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT 19-003;
AUTHORIZATION FOR THE SALE OF BEER AND WINE AT THE 2019
HERITAGE SQUARE PARK SUMMER CONCERT SERIES EVENTS
AND APPLICATION FEE WAIVER; LOCATION – HERITAGE SQUARE
PARK; APPLICANT – ARROYO GRANDE ROTARY CLUB;
REPRESENTATIVE – MARY SANSONE & PAUL PROVENCE
DATE: APRIL 23, 2019
SUMMARY OF ACTION:
Approval of the Temporary Use Permit would allow the South County Historical Society
and Arroyo Grande Rotary Club to sell beer and wine at the 2019 Heritage Square Park
Summer Concert Series events, which occurs every other Sunday beginning June 9,
2019.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
There is no direct funding impact anticipated as a result of this request. The applicant is
requesting a waiver of application fees for the Temporary Use Permit, which totals
$256. Due to the fact that the event is evolving into an annual request for alcohol sales
and the limited work conducted to review the proposal, it is recommended that the fee
waiver request be approved.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving Temporary Use
Permit No. 19-003 to allow the sale of beer and wine at the 2019 Heritage Square Park
Summer Concert Series and approving the request for an application fee waiver.
BACKGROUND:
The Summer Concert Series are annual concert events sponsored by the South County
Historical Society (SCHS), a 501(c)3 non-profit organization and the Arroyo Grande
Rotary Club (AGRC). At the concerts, visitors bring their own lawn chairs and blankets
to congregate on the Nelson Green at Heritage Square Park, while musical
performances are conducted on the Rotary Bandstand. The applicant has submitted an
application for a Temporary Use Permit to allow for the sale and consumption of beer
and wine at the Heritage Square Park Summer Concert Series (the “Event”) for 2019.
Item 8.k. - Page 1
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-003
APRIL 23, 2019
PAGE 2
The Event is permitted by the Recreation Services Division through a Park Use Permit;
however, the request for alcohol sales necessitates the approval of a Temporary Use
Permit by the City Council. The applicants conducted the Event for the first time at the
2018 Summer Concerts Series and no issues associated with the alcohol sales were
reported to the Police or Community Development Departments. The groups are
requesting the Council allow the sale of beer and wine for a second year at the Event as
an additional amenity to Event patrons. The benefits identified by the applicants include
increased revenue from alcohol sales beyond those realized through the sale of hot
dogs, non-alcoholic drinks, and ice cream at the Event, as well as the establishment of
additional promotional opportunities with new partners.
Staff Advisory Committee
In accordance with Council conditions on last year’s Event, the Staff Advisory
Committee (SAC) held a debrief meeting during and at the conclusion of the Event in
2018 to evaluate the success of the Event. During those debrief meetings, no issues
with public intoxication or public health, safety, or welfare were noted and the Event was
considered a success.
The SAC reviewed this year’s proposal on April 10, 2019. Members of the SAC did
discuss minor instances where attendees brought their own beer and wine to the Event;
however, according to the information available these instances were very limited and
did not result in impacts to public health, safety, or welfare. The SAC was in support of
the project with the same conditions of approval included for last year’s Event to ensure
a continuing safe and successful event.
ANALYSIS OF ISSUES:
The applicant has indicated that beer and wine sales would occur from 12:00 – 3:00 PM
during concert Events, which typically occur from 11:30 AM – 3:30 PM. Sales and
identification checks would be conducted by SCHS or AGRC volunteers, who are
required to be appropriately trained. Similar to last year’s Event, the applicant is
proposing to not fence off the Nelson Green, opting to have the entire lawn area act as
the consumption area during the Event. The Summer Concert Series occurs every
other Sunday, beginning June 9, 2019, and concluding on September 8, 2019, for a
total of eight (8) Events. An additional event would be held on July 4, 2019.
Fencing
The need for fencing was discussed during the processing of last year’s Event and it
was determined that safety and public welfare will be met and fencing is not required
around the Heritage Square Park lawn area to contain the consumption of alcohol. In
accordance with requirements of the California Department of Alcoholic Beverage
Control (ABC), the public sidewalks surrounding the lawn area act as the boundary for
alcohol consumption and therefore fencing is not required. This boundary will be
ensured with appropriate signage and trained personnel provided by SCHS and AGRC
serving as security. This is similar to other public events throughout the County.
Item 8.k. - Page 2
CITY COUNCIL
CONSIDERATION OF TEMPORARY USE PERMIT NO. 19-003
APRIL 23, 2019
PAGE 3
Attendee Identification
The Event does not require the sale of entrance tickets like other events where alcohol
is consumed. Therefore, the screening process to ensure proper consumption is
necessary. This will be closely monitored by SCHS and AGRC volunteers to ensure
only persons of legal drinking age will be able to buy and consume beer and wine. The
SCHS and AGRC will work with the ABC and the Police Department, if necessary, to
ensure individuals are properly trained.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution approving Temporary Use Permit 19-003;
2. Modify as appropriate and adopt the attached Resolution, approving
Temporary Use Permit 19-003;
3. Do not adopt the attached Resolution; or
4. Provide direction to staff.
ADVANTAGES:
The Summer Concert Series is a well-attended event that holds a special place in the
heart of many in the community. The addition of beer and wine sales at the Event has
the potential to provide additional funds to the SCHS and AGRC to continue their work
in the community. Additionally, the sale of beer and wine at the Event would provide
attendees an additional option during their time at the concerts.
DISADVANTAGES:
None identified due to the apparent success of last year’s Event.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), it has been
determined that this project is Categorically Exempt per Section 15304(e) of the CEQA
Guidelines regarding minor temporary use of land.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Fee waiver request
Item 8.k. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO. 19-003 AND APPROVING A WAIVER OF FEES;
AUTHORIZATION FOR THE SALE OF BEER AND WINE AT
THE 2019 HERITAGE SQUARE PARK SUMMER CONCERT
SERIES; APPLIED FOR BY THE ARROYO GRANDE ROTARY
CLUB AND THE SOUTH COUNTY HISTORICAL SOCIETY
WHEREAS, the South County Historical Society (SCHS) and the Arroyo Grande
Rotary Club (AGRC), organizers of the Heritage Square Park Summer Concert
Series, have requested permission for the sale of beer and wine at the 2019
Concert Series (the “Event”); and
WHEREAS, the SCHS and the AGRC operated the same type of event during the
2018 Concert Series, which was determined to be successfully implemented; and
WHEREAS, the SCHS and the AGRC submitted a request to waive the $256
application fee; and
WHEREAS, the purpose of the Temporary Use Permit is to ensure the Event is
conducted in a manner that is compatible with the surrounding area; and
WHEREAS, members of the SCHS and AGRC will be responsible for monitoring
identification and consumption of alcoholic beverages during the Event; and
WHEREAS, the City Council finds, after due study and deliberation, the following
circumstances exist:
Temporary Use Permit Findings:
1. The operation of the requested use at the location proposed and within the
time period specified will not jeopardize, endanger, or otherwise constitute a
menace to the public health, safety, or general welfare.
The operation of the requested use at the location proposed and
within the time period specified will not jeopardize, endanger or
constitute a menace because the SCHS and AGRC will have trained
personnel monitoring individuals purchasing and consuming alcohol to
prevent disruptions to the public health, safety, or general welfare.
2. The proposed site is adequate in size and shape to accommodate the
temporary use without material detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the site.
Item 8.k. - Page 4
RESOLUTION NO.
PAGE 2
The proposed site is adequate in size and shape to accommodate the
temporary use without detriment to the use and enjoyment of other
properties located adjacent to and in the vicinity of the site due to the
Event being monitored by SCHS and AGRC personnel.
3. The proposed site is adequately served by streets or highways having
sufficient width and improvements to accommodate the kind and quantity of
traffic that the temporary use will or could reasonably be expected to
generate.
The proposed site is adequately served by South Mason and Nelson
Streets, which are of significant width and improvements to
accommodate the kind and quantity of traffic that the temporary use
will generate.
4. Adequate temporary parking to accommodate vehicular traffic to be
generated by the use will be available either on- site or at alternate locations
acceptable to the City Council.
Adequate temporary parking to accommodate vehicular traffic to be
generated is available because Heritage Park is located in a
commercial district that has ample public parking for visitors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Temporary Use Permit 19-003, authorizing the sale of
beer and wine at the 2019 Heritage Square Park Summer Concert Series as
presented to the City Council on April 23, 2019, with the above findings and subject
to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein
by this reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Arroyo Grande hereby approves the fee waiver request for the Temporary Use
Permit application processing fee.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 23rd day of April 2019.
Item 8.k. - Page 5
RESOLUTION NO.
PAGE 3
_________________________________________
KRISTEN BARNEICH, MAYOR PRO TEM
ATTEST:
________________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
________________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 8.k. - Page 6
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 19-003.
This approval authorizes the sale of beer and wine between 12:00 – 3:00 PM during
the 2019 Heritage Square Park Summer Concert Series.
General Conditions
1. The South County Historical Society (SCHS) and the Arroyo Grande Rotary
Club (AGRC) shall ascertain and comply with all State, County and City
requirements as are applicable to this project, specifically all Department of
Alcoholic Beverage Control requirements.
2. The event shall occur in substantial conformance with the application and
plans on file in the Community Development Department office.
3. The SCHS and AGRC shall comply with all the conditions of the City Council
Resolution adopted on April 23, 2019.
4. The SCHS and AGRC shall agree to defend, indemnify and hold harmless
the City, its agents, officers, and employees harmless, at its sole expense
from any action brought against the City, its agents, officers, or employees
because of said approval, or in the alternative, to relinquish such approval.
The SCHS and AGRC shall reimburse the City, its agents, officers, or
employees, for any court costs and attorney’s fees which the City, its agents,
officers, or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in
the defense of any such action but such participation shall not relieve the
SCHS and AGRC of their obligations under this condition.
5. The SCHS and AGRC shall monitor alcohol sales to ensure alcoholic
beverages are served to responsibly behaving persons over the age of
twenty-one (21).
6. Consumption of alcoholic beverages shall be limited to the Heritage Square
Park lawn area. The playground area shall be excluded from the
consumption area. Appropriate signage shall be posted outlining these rules
and restrictions.
7. Requests to continue alcoholic beverage sales in future years shall be made
through the Temporary Use Permit process.
Public Works Department Conditions
8. The SCHS and AGRC are responsible for providing trash bags and enough
restroom facilities to serve the event. Any supplies the Public Works
Department may need to provide must be reimbursed by the SCHS and
AGRC.
9. The SCHS and AGRC shall have an individual designated to periodically
inspect the restrooms and areas around food vendors and waste containers.
That individual shall be responsible for maintaining the cleanliness of these
areas and gathering and disposing of all debris.
Item 8.k. - Page 7
RESOLUTION NO.
PAGE 5
10. The SCHS and AGRC shall reimburse the City for electrical costs associated
with the event.
11. The SCHS and AGRC shall reimburse the City for the costs of any Public
Works staff services required for this event, including, but not limited to,
restroom maintenance, trash, etc.
12. The SCHS and AGRC shall remove any tape placed on streets, parking
areas, and grass after the event.
13. The SCHS and ARGC shall flag all sprinkler heads on turf and lawn areas to
prevent damage. The SCHS and AGRC shall reimburse the City for any
damage to the irrigation system at the park.
Engineering Division Conditions
14. Restroom facilities, barricades, and signing shall be provided by the SCHS
and AGRC as required.
15. The SCHS and AGRC shall provide a $1,000,000 comprehensive general
liability insurance policy naming the City as additional insured by June 1,
2019.
16. The SCHS and AGRC shall reimburse the City for the costs of Engineering
Division services and any other City services required for this event.
Building and Life Safety Division Conditions
17. All food booths must comply with the Fire Department guidelines, and must
have County Health Department approval. The SCHS and AGRC will inform
booth applicants of Fire Department guidelines, and will ensure total
compliance of booth operators. The SCHS and AGRC will not allow non-
compliant booths to operate.
18. The project shall comply with the most recent edition of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as
adopted by the City of Arroyo Grande. Specifically, all temporary-wiring
provisions of the N.E.C. must be met.
19. Emergency access must be maintained to the satisfaction of the Building
Official and Fire Chief. A detailed chart or map will be provided to Building
and Life Safety Division and Fire Department for approval prior to the event,
showing placement of all booths, to include actual dimensions of access
pathways for fire apparatus and emergency vehicles.
20. The use of generators must be reviewed and approved by the Building
Official.
21. The SCHS and AGRC shall identify an individual to act as liaison with the
Fire Department for the purpose of maintaining life and safety.
Police Department Conditions
22. All temporary "No Parking" signs shall be posted a minimum of 48 hours
prior to event setup.
Item 8.k. - Page 8
RESOLUTION NO.
PAGE 6
City Council Conditions
23. The SCHS and AGRC shall utilize an easily identifiable (i.e. colored or
similar) glass for the sale of alcohol to help ensure attendees are not
bringing their own alcoholic beverages.
24. The Staff Advisory Committee shall conduct a debriefing following the
conclusion of the first few events to evaluate the success of the event.
Item 8.k. - Page 9
ATTACHMENT 1
Item 8.k. - Page 10
April 10, 2019
To : Mr. Matt Downing, Community Development Department
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, Ca. 93420
Subject: Request for fee waiver in connection with Minor Project Permit to sell beer and wine during
2019 Summer Concert Series at Heritage Square Park
Dear Mr. Downing:
The Arroyo Grande Rotary Club (AGRC) and the South County Historical Society (SCHS) are, once again,
partnering to offer the sale of wine and beer at each of the 2019 Summer Concerts in Heritage Square
Park. The practice was started in connection with the 2018 Summer Concert Series. It was the first time
AGRC was involved as a vendor. SCHS has been a vendor of various food items at each concert for many
years. AGRC handles all ofthe beer and wine sales including identifying persons to ensure that they are
of age to consume alcohol and monitoring behavior of those who are consuming alcoholic beverages
during the concerts . AGRC provides appropriate liability insurance . SCHS serves as a backup in making
sure that rules are adhered to and that the sales area is left clean and intact at the end of each concert.
AGRC and SCHS are both 501c3 organizations that have elected to engage in the sale of food, wine, and
beer for the purpose of raising funds that are redeployed into the local community through
philanthropic work. It is through considerable time and effort of AGRC and SCHS volunteers that food
and drink is available to concert goers. The availability of food along with wine and beer is part of the
draw for persons who attend the concerts. Attendees, both local and visiting, are contributing to the
local economy through their purchases at the free concerts . SCHS curates the history of Arroyo Grande
and educates locals, tourists, and students about what makes Arroyo Grande and the rest of South
County such a special place.
In addition to the permit from the City of Arroyo Grande, AGRC must obtain ABC permits for each
individual concert. These permits cost $50 each. AGRC and SCHS are also paying for food and drink
products and various supplies. Any expense that can be reduced or eliminated means more money can
go back to the community. We respectfully ask that you support waiver of the $256 Minor Project
Permit fee associated with our request . Jc; your co ideration.
Mary Sa ns , ediate Past President
Arroyo Grande Rotary Club
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South County Historical Society