(a) Subject to the provisions of subsections (c) through (i) below, no person shall have in his or her possession or under his or her control a bottle, can, or other container of beer or intoxicating liquor, whether open or unopened, as defined in Section 529.01
, or consume any beer or intoxicating liquor, in City-owned parks or on any other City-owned property.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(c) The owner/permit holder of an eating establishment who maintains an outdoor dining area as specified in Section 1151.02
of the City of Galion Codified Ordinances who wishes to serve alcohol may make application for a permit to the City's Safety-Service Director to serve alcohol on the sidewalk in front of said establishment in conjunction with its business. The owner shall verify and commit that all provisions of said Section will be maintained during the pendency of said permit. Further, said establishment will have a validly-issued Liquor Permit for outdoor, on-premises consumption from the Ohio Division of Liquor Control. Such permit, when issued by the Safety-Service Director, shall allow the sale, possession, and consumption of beer or intoxicating liquor on City-owned property.
(d) The organizers of community events open to the public and held on City-owned property in the City of Galion who wish to sell and/or serve alcoholic beverages for on-site consumption under a validly-issued Class F Liquor Permit from the Ohio Division of Liquor Control may make application for a permit to the City's Safety-Service Director no later than ten (10) days prior to the first day of the event. Such permit shall allow the sale, possession, and consumption of beer, or intoxicating liquor on City-owned property. Further, the organizer/permit holder must be a Ohio nonprofit corporation or limited liability company recognized under Section 501(c)(3) of the Internal Revenue Code.
(e) To qualify for and maintain such a permit under (d) above, the Applicant shall meet the following requirement:
(1) All sales or serving of alcohol is limited to the hours of 11:00 a.m. through 11:00 p.m. on the day or days of the event.
(2) A minimum of one special duty City of Galion Police or Crawford County Sheriff personnel shall be hired by the Applicant for the duration of the event as security officers. The Applicant shall make separate arrangements to hire the special duty officers and pay them directly. Additional officers may be required at the discretion of the Chief of Police based on the number of estimated attendees, and such requirement shall be a condition of permit issuance. Private security officers may not be hired in lieu of law enforcement officers.
(3) The Applicant shall obtain and maintain through the duration of the event a liquor liability policy or host policy in the minimum amount of $1,000,000 and which provides coverage for this type of activity. The City shall be named as an additional insured and a Certificate of Insurance shall be submitted with the application.
(4) The Applicant shall comply with all state and local liquor laws, including but not limited to obtaining all required state permits and providing copies thereof to the Safety Service Director with the application.
(5) The Applicant shall indemnify and hold the City harmless from and against any and all claims made against the City arising from the Applicant's sale, service, or consumption of alcohol at the event. A signed indemnification agreement shall be provided with the application.
(f) Application shall be made on a form prescribed by the Safety Service Director, who shall determine the specific location or locations where alcohol may be served, sold, or consumed. Determining the area(s) for the serving, sale, and consumption of alcoholic beverages shall be made by the Safety Service Director in consultation with the event organizer at the time that the application is submitted.
(g) During events for which a permit under this Section has been issued, no person shall be charged with violating Section 529.07
of the Codified Ordinances of the City, the "Open Container" prohibition, so long as that person remains within the enclosed area specified in the City's permit.
(h) Permits granted hereunder may be revoked by the Safety-Service Director if he or she has determined that the Applicant has violated any requirements of the permit, or has failed to abide by any of the requirements under this Code Section. Riotous and/or disorderly behavior during the Applicant's event that threatens the health, safety, and welfare of the event participants, members of the public, or surrounding residents, shall be grounds for revoking a permit.
(i) An Applicant whose permit application was denied, or that has been revoked, may appeal the Safety Service Director's decision to the Mayor. The Mayor's decision may be appealed to a court of competent jurisdiction in Crawford County, Ohio. The Safety-Service Director shall devise a form and prescribe the process for the filing of timely appeals, which form and information shall be included with the initial application for a permit.
(Ord. 2016-31. Passed 6-14-16.)