Except as provided below, the sale or use of alcoholic beverages on the premises of the Boise Cascade Recreation Park and the downtown City Park is hereby prohibited.
A. Catered Special Event: In the event a person, group, organization or other entity desires to hold a special event in the Boise Cascade Park or in the downtown City Park that will include the on-site sale and use of alcoholic beverages, beer or wine, that person may designate the owner of a beer, wine or liquor license to apply to the City for a catered special event permit.
1. Catered Special Event:
a. Only a person who holds a valid beer, wine or liquor license may cater a special event in Boise Cascade Recreation Park or in the downtown City Park. Catering shall only be done outside license holder's licensed establishment in accordance with Idaho Code title 23 sections 934A, 934B and 934C.
b. Applications for catering a special event shall contain the information set forth in chapter 9 of title 23 of the Idaho Code, shall be verified and shall be submitted to the City Clerk's Office no less than three (3) weeks prior to the event. Failure to fully complete the application may result in a denial of the application.
c. The application shall be accompanied by a filing fee as set by resolution for each day the permit is to be in effect and such fee shall be paid to the City and shall not be refunded for any reason.
d. Any alcohol catering permit for a special event issued by the City, shall be valid only under the conditions and terms approved by the City and is valid only within the City limits.
e. A catering permit issued pursuant to this section is nontransferable.
f. The designated caterer is required to carry, display, or post the original catering permit issued and one or all caterers must be personally present at the approved catering premises at all times during the life of the catering permit.
g. The caterer shall clearly designate an area in the park where alcoholic beverages will be served and consumed and make that designated area off limits to people under twenty one (21) years of age.
h. The right shall be, and at all times shall remain vested in the Sheriff, the Fire Chief or their designee or any other designee of the City, to suspend, revoke or cancel any permit issued to any person pursuant to this subsection at any time, without notice, if the Sheriff, the Fire Chief or their designee or another designee of the City has cause to believe that:
(1) The permit holder has violated or failed to comply with any law, ordinance or regulation relating to beer, wine or liquor;
(2) The catered event presents a threat to the health or welfare of the citizens of the City. The decision of the Sheriff and/or the Fire Chief or their designee to suspend, revoke or cancel a permit may be appealed to the City Council by the permit holder.
B. Private Special Event:
1. In the event a person, group, organization or other entity, herein referred to as the applicant, desires to hold a special event in Boise Cascade Recreation Park or in the downtown City Park that will include the use of alcoholic beverages, beer or wine, at which people will be bringing or providing their own beverages and alcoholic beverages are not being offered for sale or transferred to other people, that applicant can apply to the City for a private special events permit.
2. Applications for private special events permit shall contain the information set forth in chapter 9 of title 23 of the Idaho Code, except any information referring to a caterer shall be omitted. The application shall be verified and shall be submitted to the City Clerk's Office no less than three (3) weeks prior to the event. Failure to fully complete the application may result in a denial of the application.
3. The application shall be accompanied by a filing fee as set by resolution for each day the permit is to be in effect and such fee shall be paid to the City and shall not be refunded for any reason.
4. Any private special events permit issued by the City, shall be valid only under the conditions and terms approved by the City and is valid only within the City limits.
5. A private special events permit issued pursuant to this section is nontransferable.
6. The person applying for and receiving the private special events permit, the permit holder, shall carry, display, or post the original private special events permit issued and must be personally present at the approved event premises at all times during the life of the private special events permit.
7. The permit holder shall clearly designate an area in the park where alcoholic beverages will be served and consumed and make that designated area off limits to people under twenty one (21) years of age.
8. The right shall be, and at all times shall remain vested in the Sheriff, the Fire Chief or their designee or any other designee of the City, to suspend, revoke or cancel any permit issued to any person pursuant to this subsection at any time, without notice, if the Sheriff, the Fire Chief or their designee or another designee of the City has cause to believe that:
a. The permit holder has violated or failed to comply with any law, ordinance or regulation relating to beer, wine or liquor;
b. The event presents a threat to the health or welfare of the citizens of the City. The decision of the Sheriff and/or the Fire Chief or their designee or another designee of the City to suspend, revoke or cancel a permit may be appealed to the City Council by the permit holder.
C. Penalty: A violation of this section is deemed a misdemeanor punishable as provided in section 1-4-1 of this Code. (Ord. 516, 11-15-2017)