CHAPTER 19
FESTIVAL BLOCKS
FESTIVAL BLOCKS
SECTION:
3-19-1: Legal Authority
3-19-2: Purpose
3-19-3: Scope
3-19-4: General Licensing Provisions Applicable
3-19-5: Definitions
3-19-6: Designation Of Festival Blocks
3-19-7: Application For Designation
3-19-8: Designation Factors And Standards
3-19-9: Authority; No Property Interest Granted
3-19-10: Designation Required; Nontransferable; Term; Compliance
3-19-11: Required Signage
3-19-12: Designation Use
3-19-13: Designation Reassessment
3-19-14: Denial, Suspension, Revocation Of Designation, And Appeal
3-19-15: Penalty
Idaho Code sections 50-301, 50-302, 50-307, and 50-314 authorize the City to regulate occupations and businesses within the City, to regulate and control encroachments and obstructions on streets, public places, and sidewalks within the City, and to adopt ordinances, rules, and regulations to promote and protect the health, welfare, and safety of its populace. (Ord. 13-22, 3-29-2022)
Within Boise's jurisdiction, there is a growing number and variety of public social events that significantly add to the vibrancy of the City. A few specific geographical locations within the City are used regularly as the sites for these special events. Some of these sites are of a nature and location that could accommodate the implementation of a temporary open container zone within those areas during special events. The City seeks to balance the public's safety and preserve those locations' commercial viability and character against the benefit of allowing alcohol open container zones. This chapter provides for the application and designation of sites as "festival blocks." Special event permit applicants within a designated festival block site may apply to have the area be an open container zone during the permitted special event. (Ord. 13-22, 3-29-2022)
To the extent not inconsistent with this chapter, the provisions set forth in chapter 1, article A of this title shall apply with full force and effect to all provisions and sections of this chapter, and chapter 1, article A of this title is hereby incorporated herein by reference and applies to those rights and responsibilities not further defined herein. (Ord. 13-22, 3-29-2022)
For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders.
ALCOHOL (OR "ALCOHOLIC BEVERAGE"): | Any beverage containing alcohol which is a product of distillation of any fermented liquor, or synthetic ethyl alcohol, including beer, wine, spirits, or any liquid containing alcohol, beer, wine, or spirits. |
ALCOHOL LICENSE: | A permit issued by a licensing agency such as the Alcohol Beverage Control division of the Idaho State Police, Ada County, or the City of Boise, under which it shall be lawful for the licensee to sell and dispense alcohol at retail, as provided by law. |
APPLICANT: | An owner of a business, which holds current and valid alcohol licenses (issued by the State, County, and City) and which is located within the proposed festival block area that submits an application to the City Clerk's Office for a festival block designation. |
CATERING PERMIT: | A permit issued by the City Council under title 3, chapter 17 of this Code, to serve and sell alcoholic beverages, which is valid for no more than two (2) consecutive days for parties, or five (5) consecutive days, with an option to request one extension for festivals or conventions. Said permits, however, may be designated for less time, and requests for extension may be denied at the sole and absolute discretion of the City Council. |
CITY CLERK: | The City Clerk for the city of Boise City, Idaho, or designee. |
CITY COUNCIL: | The City Council for the city of Boise City, Idaho. |
COUNTY: | The county of Ada, Idaho. |
FESTIVAL BLOCK: | A public place or portion of a public place that the City Council has designated for the temporary implementation of open container zones within the designated place during permitted special events and with the specific permission and conditions of the Special Events Team. |
FIRE CHIEF: | The Fire Chief for the city of Boise City, Idaho, or designee. |
FIRE DEPARTMENT: | The Boise City Fire Department. |
POLICE CHIEF: | The Chief of Police for the city of Boise City, Idaho, or designee. |
POLICE DEPARTMENT: | The Boise City Police Department. |
PREMISES: | The business building or grounds on which the service and sale of any alcoholic beverage are authorized under the City and State Code. |
PUBLIC RIGHT-OF-WAY: | For the limited purposes of this chapter, any public street, roadway, highway (including shoulders, berms, and median strips), alley, plaza, sidewalk, or other publicly owned property within the City's boundaries. |
SPECIAL EVENT: | A planned gathering or series of gatherings that require a special event permit as set forth under Boise City Code title 3, chapter 17. |
SPECIAL EVENT PERMIT: | A permit issued by the SET to conduct a special event upon public or private property within the City. |
SPECIAL EVENTS TEAM (OR "SET" ): | The committee delegated responsibility to review each application for a special event permit as set forth in Boise City Code title 3, chapter 17. |
STAKEHOLDER BUSINESS: | Any business located within the boundaries of a festival block. |
STATE: | The state of Idaho. (Ord. 13-22, 3-29-2022) |
A. Request for Designation: Only an applicant, as defined in this chapter, may request that an area be granted festival block designation by the City Council. The City Clerk shall review the applicant's request and application for conformance with festival block standards. The City Clerk may deny a request for a festival block designation if the proposed site does not meet standards and regulations.
B. Application Process: The applicant requesting a festival block designation shall provide a true, valid, and complete application to the City Clerk.
C. Review Of Complete Application Recommendations: The City Clerk shall initially review the application for completeness and forward it to the Police and the Fire Chiefs for their recommendations.
D. Recommendations: The Police and Fire Chiefs shall provide the City Clerk in writing their recommendations whether to approve or deny the application and the facts and reasoning supporting their recommendations. The Police and Fire chiefs may recommend special conditions to be placed upon the festival block designation to protect the public's health, safety, and welfare, prevent unlawful disturbances or nuisances, and allow for emergency personnel access to the area. Recommended special conditions may include but are not limited to restrictions on the size or layout of the designated festival block site.
E. Application Investigation: The City Clerk shall investigate the required factors and standards for the proposed festival block site.
F. City Clerk's Denial Of Application: The City Clerk may deny an application for festival block designation for any of the following reasons:
1. The application is incomplete or inaccurate;
2. The application fee is not submitted with the application;
3. The Police Chief and Fire Chief do not recommend granting of the designation either absolutely or conditionally;
4. The commercial or residential premises within the proposed festival block have a history of alcohol license violations or criminal violations;
5. The proposed festival block site does not meet the factors and standards as set forth within section 3-19-8 of this chapter; or
6. Less than seventy five percent (75%) of the stakeholder businesses support the designation of the proposed festival block.
G. Public Hearing: The City Clerk's Office shall conduct a public hearing concerning any proposed festival block that the City Clerk has determined meets the initial designation factors, standards, and application requirements. The public hearing shall be held only after notice is published in the City's newspaper of record as set forth in 1-5-1 of this Code and written notification has been distributed to all the properties within three hundred feet (300') of the affected area at least fourteen (14) days prior to the date set for the hearing.
H. Recommendation To City Council: After conducting its investigation and public hearing, gathering other public input, and reviewing the application and recommendations by the Police and Fire Chiefs, the City Clerk may submit a written recommendation to the City Council regarding the designation of the proposed festival block. The written recommendation shall include the facts and reasoning the City Clerk relied upon to make their recommendation.
I. Action By City Council: The City Council may approve or deny the City Clerk's recommendation for a proposed area to be granted a festival block designation. The City Council may impose special conditions or terms on a designated festival block.
J. Determinations: The City Clerk shall determine the following for all designated festival blocks:
1. The geographical parameters of the festival block, which the Clerk's Office shall keep and maintain a copy thereof for the public to review upon request;
2. The design and proper posting requirements for all the festival block perimeter signs; and
3. The specific requirements for a special event application within a designated festival block to opt into an open container zone during such an event.
K. Appeal: Festival block designation applications denied by the City Clerk may request an appeal review of the denial following the review procedure set forth in section 3-19-14 of this chapter. (Ord. 13-22, 3-29-2022)
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