HomeMy WebLinkAbout15 - Newport Beach Wine and Food Festival Request for Waiver of City Council Policy B-13Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 14, 2020
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Laura Detweiler, Recreation and Senior Services Director
Idetweiler@newportbeachca.gov
PREPARED BY: Sean Levin, Recreation and Senior Services Deputy Director
slevin@newportbeachca.gov
PHONE: 949-644-3159
TITLE: Newport Beach Wine and Food Festival Request for Waiver of City
Council Policy B-13
ABSTRACT:
Request from Newport Beach Wine and Food Festival (NBWFF) to waive Council Policy
B-13 to allow alcoholic beverages to be permitted at Peninsula Park for the NBWFF.
(Attachment A)
RECOMMENDATION:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15304 under Class 4 (Minor Alterations to Land), because it has
no potential to have a significant effect on the environment; and
b) Recommend approval to waive Council Policy B-13, Regulations and Restrictions,
Section Al, Use of Alcohol to allow for NBWFF to be conducted at Peninsula Park.
Approval of waiver would allow the NBWFF to move forward with the Special Event
Permit Process. Event approval would be contingent upon Special Event Permit
approval.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Staff has worked closely with the NBWFF over the past six years to permit and house the
festival each October at the Newport Beach Civic Center. The event provides challenges
annually at the Civic Center location due to the multiday set up and take down that
impacts City business and creates significant wear and tear on the facility.
15-1
Newport Beach Wine and Food Festival Request for Waiver of Council Policy B-13
January 14, 2019
Page 2
City staff and NBWFF staff have met multiple times over the past few months exploring
the concept of moving the event and agree that Peninsula Park is the desired location.
Moving the event to Peninsula Park would require a waiver of Council Policy B-13 to allow
for use of alcohol during the event.
Approval of this waiver would allow NBWFF to move forward with the planning of the 2020
event. As part of the special event permitting process, an alcohol service plan would
continue to be required, outlining guidelines that include limiting the number of alcohol
service locations, containers sizes, types of alcohol, security personnel, adherence to
state (ABC) restrictions, and required training of alcohol service personnel. The NBWFF
has adhered to the restrictions of the alcohol service plan in past years.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
Class 4 exemptions consist of minor public or private alterations in the condition of land,
water, and/or vegetation that do not involve removal of healthy, mature, scenic trees
except for forestry or agricultural purposes, including the minor temporary use of land
having a negligible or no permanent effect on the environment. This proposal is to waive
Council Policy B-13 to allow alcoholic beverages to be permitted at Peninsula Park for
the Newport Beach Food and Wine Festival, a once -a -year, weekend -long event, and
thus qualifies for the Class 4 exemption.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —Letter from NBWFF dated 11/21/19
Attachment B — City Council Policy B-13
15-2
ATTACHMENT A
NEWPORT BEACH
�` WINE&FOOD
Dear Sean, November 21, 2019
We just completed our sixth and most successful year of the Newport Beach Wine & Food Festival, and I
would like to thank the Council and Staff of the City of Newport Beach for allowing us to host the Newport
Beach Wine & Food Festival at the Civic Center once again this past year.
The Grand Tasting is our main event of the 16 events we hold over the four-day weekend, and the event
that we have been holding at the Civic Center for the past six years. We would like to move the Grand
Tasting portion of the event to Peninsula Park on the beach next year. Besides showcasing the stunning
beaches of Newport, the location has twice and much space and a very large adjacent parking lot. Next year
our event dates are October 8th to 11@ 2020 with set up starting October 6th. Venue will be torn down by
October 13th at 10pm.
Moving the event will not only allow us to continue growing, but it will end the toll it takes each year on the
grass and hardscape at the Civic Center.
I am requesting a waiver of section A, 1 (Use of Alcohol) in the Public Use Of City Facilities rules.
Please see below.
A. Use of Alcohol. 1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal
facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS
Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic
Center Community Room (CCCR), and Marina Park when done in compliance with State of California
Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and
Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol
in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services
Director will require the permittee to pay City costs to provide additional security when alcohol is served.
Thank you for your consideration of waiving this line item.
With much gratitude,
Stefanie Farnsworth Salem
Founder & CEO Newport Beach
Wine & Food
stefanie@newbefest.com
(949)335-2348
15-3
ATTACHMENT B
PUBLIC USE OF CITY FACILITIES
Purpose
B-13
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums,
community rooms and swimming pools, are available to the public for civic, social,
educational, athletic, cultural activities and limited commercial use. It is the intent of this
Policy to provide use regulations and application and scheduling procedures to
accommodate groups that wish to use City facilities.
Procedure
A. Applications to use the City facilities must be made on forms provided by the
Recreation and Senior Services Department (Department). Applicants must
provide all information as may be required by the Department to assure
compliance with the requirements and regulations of this Policy.
B. Applicants will be required to pay a security deposit in an amount that will
promote use of the Recreation and Senior Services facilities in an orderly manner
without damage to the facilities. Security deposits will be refunded upon
inspection of facilities and confirmation that no property damage has occurred or
additional cleanup is required,
C. Applicants will be required to acknowledge that neither the City nor the
Department assumes any liability for injury or loss of personal property. Prior to
the use of the facility, the application must have approval of the Recreation and
Senior Services Director or designated representative.
D. Approval or denial of a reservation request will be provided within five working
days of receipt of a completed application.
E. Reservations for use of Department facilities may be made up to six months in
advance, but no later than ten working days before the event with the exception
of park reservations which may be made no later than five working days before
the event.
F. The City is not liable for any and all accidental injury to any and all persons or loss
or damage to group or individual property. When it is deemed to be in the best
interest of the general public, the City will require the permittee to furnish a
Certificate of Insurance naming the City of Newport Beach as an additional
insured. The amount of the insurance shall not be less than $1,000,000 per
occurrence of commercial general liability insurance.
1
15-4
B-13
G. A contract shall not be transferred, assigned or sublet. All contracts will be issued
for specific facilities and for specific hours, and the premises must be vacated as
scheduled.
H. The reservation request and rental agreement must be completed and signed by
an adult age 21 and over who will attend, supervise and be responsible for the
entire event or activities. Proof of residency is required at the time of application
in order to receive the resident rate. Proof of non-profit status is required at the
time of application in order to receive the non-profit rate.
I. A Facility Use Agreement which authorizes the rental of facilities may be revoked
for violation of any rental policies.
Regulations and Restrictions
All uses of Department facilities will be subject to the following regulations and
restrictions:
A. Use of Alcohol.
1. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the Department, except beer and wine may
be served for special occasions at the OASIS Senior Center, Newport
Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC),
Civic Center Community Room (CCCR), and Marina Park when done in
compliance with State of California Department of Alcoholic Beverage
Control (ABC) regulations and approved in writing by the Recreation and
Senior Services Director. Approval to serve beer and wine shall not be
deemed to approve service of alcohol in violation of Section 25604 of the
Business and Professions Code. The Recreation and Senior Services
Director will require the permittee to pay City costs to provide additional
security when alcohol is served.
2. The use of alcoholic beverages is by written permission only and must be
requested at the time the facility use request is submitted. The Department
reserves the right to place restrictions on the use of alcoholic beverages in
accordance with State Law and these guidelines. "Alcohol use" means -the
presence of any beverage that contains any amount of alcohol.
3. Alcohol is not allowed when an event is designated for minors such as
school age award programs, birthday parties and/or receptions.
2
15-5
B-13
4. When alcohol is served, there shall be a minimum of two security guards
present at the facility at all times. The guards must arrive 30 minutes before
guest arrival time and remain until the contract end time. One guard must
be positioned at the entrance of the event and one guard positioned in the
event area. The parking lot must be monitored every 30 minutes. The
security guards shall have the authority to enforce all rules and regulations
governing facility rentals. In the event that the Police are called, the cost of
their services shall be deducted from the applicant's security deposit. The
applicant will be billed for any costs exceeding the security deposit.
5. No alcoholic beverage shall be served to any person less than 21 years of
age. Injuries caused to any person as a result of alcoholic beverages being
served to or consumed by someone under the age of 21 while on the City's
premises, shall be the sole responsibility of the organization or individual
renting the facility.
6. The distribution or consumption of alcoholic beverages shall be in
compliance with all applicable laws, including regulations of the ABC. Any
organization using City facilities shall be solely -responsible for obtaining
all permits or licenses relating to the distribution and consumption of
alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If evidence
is found that alcohol is being served that was not authorized by the
Department or to a minor the Police will be notified and the event will be
terminated and all fees and deposits will be forfeited.
8. The City shall require the applicant to carry general liability insurance
when alcohol is available, but not sold. The City shall require a full liquor
liability premium in addition to general liability insurance when alcohol is
sold in exchange for money. The cost of the required liability insurance shall
be borne by the applicant.
B. Smoking is prohibited in all City facilities including restrooms and within 100 feet
of a park, park facility or beach.
C. For all indoor facility rentals involving youth, 17 years and under, there shall be
at least one adult for every 20 minors, or increments thereof, in attendance, who
shall remain in the facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the Department.
3
15-6
B-13
E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and
charge entrance fees and collect donations provided that a detailed plan of the
event, including the expenses, marketing plan and procedure for collecting fees, is
submitted with the rental application.
F. Facilities and equipment are to be left in the same condition as they were prior to
the rental. The permittee is responsible to pay for any damage to property or loss
of property. A fee equal to total replacement cost will be charged. It shall be the
responsibility of the permittee to see that unauthorized portions of the facility are
not used. Continued or repeated use of City facilities will be contingent upon care
of the facility, property and equipment, and observance of all approved rules and
regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the
permittee shall insure that no disorderly or illegal conduct shall be allowed in any
facility.
H. The use of public address equipment will be limited to that provided by the
facility, unless written approval has been secured by the Department through a
Special Event Permit.
1. Private groups wishing to collect fees, donations or admission charges, or those
using the facility to market a product, give a presentation, or advertise their
business, will be considered commercial users.
J The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at any time.
L. Facilities are not available for reservations on the following holidays: Christmas
Eve, Christmas Day, Easter, President's Day, Independence Day, Labor Day,
Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day,
Thanksgiving and Veteran's Day.
M. All persons using the facilities shall observe and obey regulations of this policy,
the rules of the Department and all applicable City, State and Federal laws, rules
and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in
designated spaces. Overnight parking is not allowed.
O. Minors must remain in the rented facility room and shall not be allowed to roam
unsupervised throughout the facility.
4
15-7
B-13
P. When no alcohol is served but the group size is 200 or more, one security guard
may be required, at the discretion of the Department Director.
Q. Policies and guidelines regarding caterers shall be adhered to.
R. All professional services utilized for events require a City of Newport Beach
business license.
S. Animals are not permitted within City Facilities with the exception of service
animals. However, this provision shall not apply to activities or programs of the
Recreation and Senior Services Department.
Fee Classifications - Priorities of Use
Permission for use of City facilities shall be granted on a first come first served basis,
subject to the following priorities:
A. Alt official Department initiated and/or conducted activities, including those of
the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City
Council Policies B-5 and B-10.
B. All official City of Newport Beach activities.
C. All official City co-sponsored groups and/or activities such as community groups
and activities which are non-profit, self-governing, privately organized and of an
educational nature which may be brought under the sponsorship of the
Department.
D. Official public agency sponsored programs and activities not included in A, B, and
C above.
E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50% or more of membership
consisting of Newport Beach residents.
G. Recreational, social or civic activities of groups which are resident promoted and
sponsored by local non-profit* organizations which are open to the public and
have 50% or more of memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not
open to the public. (private parties)
5
15-8
B-13
1. Recreational, social or civic activities and/or groups which are non-resident
promoted and sponsored by non-profit organizations which are open to the
public, but not qualifying under D above.
�. Schools, colleges, hospitals and other similar civic groups not qualifying under the
definition of non-profit.
K. Others.
* Non-profit status is defined as an organization that is so defined by the Internal Revenue
Service, § 501(c) (3) and has a State of California Tax Identification Number.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically
adjusted and approved by the City Council. Fees are imposed to cover overhead,
processing, deposits, maintenance and replacement costs for application and scheduling
and maintenance of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the
deposit may be retained by the Department after inspection of the facility by the
Recreation and Senior Services Director or a designated representative and a
determination that the facility has not been left clean and/or in good repair.
B. A separate additional cleaning fee may be charged for rental of the OASIS Event
Center, Newport Coast Community Center, Community Youth Center, Civic
Center Community Room, and Marina Park Community Center.
C. No fee or deposit shall be charged for use of City facilities by the City of Newport
Beach, or events cosponsored by the City of Newport Beach or its departments,
with the exception of direct costs.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast
Community Center, Community Youth Center, Civic Center Community Room,
and Marina Park may occur seventy-two hours prior to the scheduled use of
facilities without forfeiting fees collected by the City, with exception of a City
service refund processing fee. Cancellations with less than seventy-two hours
notice will be charged a cancellation fee established by resolution of the City
Council. In the event of cancellation by the City, notice will be given as far in
advance of the scheduled use as possible.
15-9
B-13
E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast
Community Center, Community Youth Center, Civic Center Community Room,
and Marina Park that occur less than thirty days prior to the scheduled use of the
facility will be charged 25% of the rental fee. Cancellations with less than seventy-
two hours notice will be charged the entire rental fee.
History
Adopted 1-5 --11-22-1962 ("Use Priorities and Fees")
Amended 1-5 - 3-9--1970
Reaffirmed I-5 - 2-14-1972
Adopted G-4 - 5-13-1974 ("Use of City Facilities")
Amended 1-5 - 5-28-1974
Amended I-5 -- 2-13-1978
Amended G-4 & 1-5 -10-10-1978
Amended 1-5 - 2-12-1979
Amended I-5 - 5-14-1979
Amended I-5 - 8-28-1979
Amended I-5 --11-26-1979
Amended G-4 & I-5 - 2-9-1981
Amended I-5 -11-23-1981
Amended 1-5 -10-12--1982
Amended 1-5 -10-25-1982
Amended G-4 & I-5 - 4-23-1984
Amended 1-5 -11-28-1988
Amended 1-5 -11-27-1989
Amended 1-5 - 3-25-1991
Adopted 1-25 - 5-26-1998 ("Public Use of City Facilities", incorporating G-4 & 1-5)
Amended 1-25 - 5-8-2001
Amended 1-25 - 4-23-2002
Amended 1-25 - 4-8-2003
Amended 1-25 -- 7-22-2003 (changed to B-13)
Amended B-13 - 9-13-2005
Amended B-13 -10-10-2006
Amended B-13 -- 8-11-2009
Amended B-13 - 5-14-2013
Amended B-13 - 5-12-2015
Amended B-13 - 8-8-2017
FA
15-10