931.07 ALCOHOLIC BEVERAGE RESTRICTIONS.

   (a)   Except as provided for by subsections (b) and (d) hereof, no person shall take into or upon any public park or have in his possession in any park any intoxicating liquor or other alcoholic beverage. No intoxicated person will be allowed to enter or remain within any park.

   (b)   For good cause shown, a special one-time permit may be granted, by the Director of Parks and Recreation, to a responsible party to possess and serve alcoholic beverages within the Activities Building of the Whitehall Community Park. Each of the following limitations to the special permit shall apply in all cases:

      (1)   The presence and serving of any alcoholic beverage shall be without charge by the permit holder to his or her guests; and

      (2)   There shall be one special-duty police officer present for any size group up to 100 persons, and one additional officer for each additional 100 persons or any portion thereof;

      (3)   No person shall be served or allowed to self-serve any alcoholic beverage if the guest has the indicia of being or becoming impaired by further consumption.

   (c)   Before the Director may issue a special permit as authorized by subsection (b) hereof, the applicant shall:

      (1)   Produce a signed agreement disclosing that the appropriate number of special duty police officer(s) will be on duty at the proposed function;

      (2)   Execute a release of claims that shall indemnify and hold the City harmless for any and all consequences resulting from the possession, serving, or consumption of alcoholic beverages at the proposed function; and

      (3)   Provide to the Director an estimate of the number of guests expected to attend, and the amount and type of alcoholic beverages planned to be made available.

   (d)   For good cause shown, a special one-time permit may be granted by the Parks and Recreation Commission to a responsible entity that is organized not for profit and is operated for a charitable, cultural, fraternal or educational purpose, and which is eligible for, and receives, an “F” liquor permit, pursuant to the provisions of Ohio R.C. 4303.20, for the purpose of sale of beer upon park land owned by the City. No entity shall be granted such a permit more than two times in any twelve-month period. Each of the following limitations to the special permit shall apply in all cases:

      (1)   The presence, sale, and serving of beer, shall be pursuant to, and strictly within the limitations set by the terms of an “F” liquor permit and any deviation will void the permission of the Parks and Recreation Commission;

      (2)   The permit shall be granted for a specific period of time, which shall not exceed a seventy-two hour period, although the Commission may set a shorter period of time;

      (3)   The presence, sale and serving of beer shall be strictly confined to the specific area of the park as designated by the Parks and Recreation Commission and such area shall be clearly defined and sufficiently restricted to allow proper supervision of the permit use by state and local law enforcement personnel;

      (4)   There shall be one special-duty police officer present for any size group up to 100 persons, and one additional officer for each additional 100 persons or any portion thereof;

      (5)   No person shall be sold, served or allowed to self-serve any beef if that person has the indicia of being or becoming impaired by further consumption; and

      (6)   All rules and directives of the Parks and Recreation Commission will be followed.

   (e)   Before the Parks and Recreation Commission may issue a special permit as authorized by subsection (d) hereof, the applicant entity shall:

      (1)   Produce evidence satisfactory to the Parks and Recreation Commission that the entity is the type of association or corporation that would be eligible for issuance of an “F” liquor permit, pursuant to Ohio R.C. 4303.20;

      (2)   Produce evidence satisfactory to the Parks and Recreation Commission that the entity is organized not for profit and is operated for a charitable, cultural, fraternal or educational purpose;

      (3)   Produce a signed agreement disclosing that the appropriate number of special duty police officer(s) will be on duty at the proposed function;

      (4)   Execute a release of claims that shall indemnify and hold the City harmless for any and all consequences resulting from the sale, possession, serving or consumption of alcoholic beverages at the proposed function;

      (5)   Provide to the Parks and Recreation Commission an estimate of the number of guests expected to attend, and the amount and type of alcoholic beverages planned to be sold; and

      (6)   Specify the precise area or premises on which the permit is to be used, which shall clearly defined and sufficiently restricted to allow proper supervision of the permit use by state and local law enforcement personnel.

         (Ord. 54-06. Passed 7-5-06.)