(A) An individual, corporation or other entity may obtain from the City Manager, upon proper application and payment of the application fee, a Special Event Alcohol Permit (SEAP) allowing for the sale, service, possession and/or consumption of alcoholic beverages for a special event or events if held at the Starvaggi Memorial Pool and Park, Marland Heights Park or Weirton Event Center.
(B) The City Manager may issue a SEAP for an event or events at said properties under the following terms and conditions:
(1) If the applicant is a corporation or entity, it is licensed to do business in the State of West Virginia and in good standing with the West Virginia Secretary of State;
(2) Proof of licensing by the applicant or third-party entity by the West Virginia Alcohol Beverage Control Administration permitting the sale and service of alcohol at the special event, and compliance with all state liquor laws, rules and regulations. An executed copy of any agreement entered into between the applicant and a third-party entity to sell and serve alcohol at the special event shall be attached to the application;
(3) Proof of a certificate of liability insurance for general liability and liquor liability coverages for personal injuries and property damages with a reputable insurance company licensed to do business in the State of West Virginia including a receipt that the premium or premiums was or were paid in full. Each such policy shall list the City of Weirton, 200 Municipal Plaza, Weirton, WV, its officers, agents, servants and employees as named or additional insured, and in the minimum amount of at least $1,000,000 in coverage for personal injuries per occurrence and $100,000 for property damages per occurrence for general liability coverage, and in the minimum amount of at least $1,000,000 in coverage for personal injuries per occurrence and $100,000 for property damages per occurrence for liquor liability coverage. The applicant shall consent to allow the City Manager to obtain any information, documents or papers from the applicant's insurance agent, agency or company relative to said policy or policies;
(4) That no alcohol shall be served at the special event in glass or metal containers, cans or bottles;
(5) That the SEAP shall be for the sale, service, possession and/or consumption of beer and/or wine only;
(6) That the SEAP shall be valid for the length of a single special event not to exceed three consecutive days, or at those properties where there are recurring special events for a time period of not more than 30 consecutive days, and for the hours designated by the City Manager. Extensions may be issued at the discretion of the City Manager after an evaluation of the special event during the SEAP time period, provided said extension shall not exceed two consecutive days for a single event or seven consecutive days for those properties where there are recurring events;
(7) That under no circumstances shall the city manager issue a SEAP allowing for the sale, service, possession and/or consumption of alcoholic beverages between the hours of 12:00 a.m. (midnight) to 10:00 a.m. on any day of the week; and
(8) That the SEAP application shall be submitted to the City Manager a minimum of 15 calendar days prior to the scheduled special event, and all other city, county or state permits or licenses, if required, need to be approved and attached to the application;
(9) That the SEAP permit shall not be transferrable or assignable. In the event the applicant attempts to transfer or assign the SEAP, it shall immediately be void;
(10) That the city, its officers, agents, servants and employees, shall be free from all liabilities and claims for damages and/or suits of any kind or nature for or by reason of any injury, or death to any person or property from any cause or causes whatsoever while in or upon the property during the SEAP or occasioned by any occupancy or use of said property or any activity carried on by the applicant in connection herewith, and the applicant hereby covenants and agrees to indemnify, defend, save and hold harmless the city, its officers, agents, servants and employees from all liabilities, charges, expenses and costs of any change or nature on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.
(C) In addition to the terms and conditions set forth in divisions (B)(1) through (10) above, the City Manager may require in conjunction with the issuance of a SEAP for the special event any other restrictions, rules, regulations or conditions as he or she deems proper and necessary, such as requiring security and/or fire rescue on site at the special event, sign postings, confining and/or roping off the area or property where alcoholic beverages may be sold, served, possessed and/or consumed, requiring the applicant to pay any costs associated with police presence at the event or any other city expenses related to public safety, increasing the minimum amount(s) of general liability and/or liquor liability coverage(s) for personal injuries and property damages greater than those amounts required in division (B)(3) above, and other requirements as may be reasonably justified or necessary due to the size, location and nature of the event, the anticipated number, age and conduct of persons attending the event, the days and time of the event, the uses of areas near the special event such as churches, day care centers, and schools, the anticipated impact of the sale, service, possession and/or consumption of alcoholic beverages would have on the public place, its uses and the special event, and whether the applicant complied with the terms and conditions of a previous SEAP. Such factors, among other things, shall also be considered by the City Manager in determining whether to issue a SEAP.
(D) After the issuance of the SEAP, times and any restrictions, rules, regulations and conditions may be changed or added at the sole discretion of the City Manager due to weather, infrastructure requirements, repair to utilities, participant behavior, and other considerations of safety, protection and welfare of persons and property, and good public order.
(E) The City Manager shall, consistent with this section, promulgate forms and establish such rules and regulations regarding the application, processing and issuance of SEAPs as are necessary and appropriate, including the setting of a reasonable application fee and defining "recurring special events" in division (B)(6) above.
(F) Notwithstanding any language to the contrary above, the City Manager with written consent of the Mayor, or at the direction of a City Council resolution, may obtain a SEAP for the city consistent with this section, except that the application fee shall be waived and division (B)(10) above shall be disregarded, on any city-owned property, other than the city building, as long as the city sponsors or co-sponsors the special event, said sponsorship or co-sponsorship which shall have been declared by the city manager with written consent of the Mayor, or pursuant to a City Council resolution. Any co-sponsor with the city of any special event shall comply with all the requirements and conditions set forth herein.
(G) The City Council, by resolution, may reverse, modify, alter or amend in whole or part any decision of the City Manager and/or Mayor made pursuant to this section as it deems necessary and appropriate.
(H) The provisions of § 529.06 (Open Container) of the Ordinances of the City of Weirton shall not apply to those persons attending a special event on the property where a SEAP has been issued. Any other provision of the Ordinances of the City of Weirton in conflict with the provisions of this section be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City of Weirton not in conflict with the provisions of this section shall remain in full force and effect.
(I) Any person convicted of violating this section shall be guilty of a misdemeanor and shall be fined not less $250 nor more than $500, and may in the discretion of the court be imprisoned for a period not to exceed 30 days.
(J) Certain alcohol beverage control administration class “A” license holders will be allowed to sell alcoholic beverages within the boundaries of the city beginning at 10:00 a.m. on Sundays.
(Ord. 1994, passed 6-1-16; Am. Ord. 2116, passed 1-13-20)