HomeMy WebLinkAbout06 - Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 11, 2025
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Recreation and Senior Services Director - 949-644-
3151, slevin@newportbeachca.gov
PREPARED BY: Justin Schmillen, Recreation and Senor Services Deputy Director -
949-644-3160, jchmillen@newportbeachca.gov
TITLE: Resolution No. 2025-11: Waiving Section A.1. of City Council Policy
B-13 to Allow for Alcoholic Beverages at Charity Polo Event Held at
Peninsula Park, and Repeal of Resolution No. 2024-14
ABSTRACT:
The Celebrity Foundation for Children seeks special event permit approval to host a
charity polo event at Peninsula Park. Adoption of Resolution No. 2025-11 would waive
Section A.1 of City Council Policy B-13 to allow for alcoholic beverages at Peninsula Park.
RECOMMENDATIONS:
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) Adopt Resolution No. 2025-11, A Resolution of the City Council of the City of Newport
Beach, California, Waiving Section A.1 of City Council Policy B-13 to Allow for
Alcoholic Beverages at Charity Polo Event Held at Peninsula Park., and Repeal of
Resolution No. 2024-14.
DISCUSSION:
The Celebrity Foundation for Children (CFC) is a 501 c3 non-profit whose mission is to
protect and develop the health, welfare and education of children. CFC develops
programs to strengthen the family and manages a ranch in the city of Hemet that caters
to underprivileged, foster children and other deserving individuals.
CFC has submitted a special event permit to host the charity polo event at Peninsula Park
(Attachment A). The proposed date of the event is Saturday, May 3, 2025. If adopted,
Resolution No. 2025-11 (Attachment B) would waive Section A.1 of City Council
Policy B-13 to allow alcoholic beverages at Peninsula Park for this proposed event.
Waiver of City Council Policy B-13: Public Use of Facilities, Section A.1, Regulations and
Restrictions — Use of Alcohol (Attachment C) would allow for alcoholic beverages to be
permitted at the event. Adoption of the resolution, in its entirety, would allow CFC to move
forward through the special event permit review process this year.
6-1
Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at
Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14
March 11, 2025
Page 2
CFC originally hosted this event at Peninsula Park in 2016, though no waiver of
Section A.1 of City Council Policy B-13 was requested. In 2023, the Newport Beach
Foundation (Foundation) took on the event, requested a waiver to serve alcohol, and was
granted one by the City Council. Because of the Foundation's success administering the
event and the demand for the event to run annually, they were granted an indefinite waiver
of Section A.1 of City Council Policy B-13 from the Council through Resolution No. 2024-
14 (Attachment D). Due to an event administrative change, City staff recommends repeal
of Resolution No. 2024-14 to review and approve CFC's request for the alcohol waiver.
As part of the special event permitting process, CFC is required to submit supplemental
materials with the special event permit application for City of Newport Beach staff review
and approval. An alcohol service plan, outlining guidelines including the number of alcohol
service locations, container sizes, types of alcohol, security personnel, event perimeter
fencing, adherence to Alcohol Beverage Control restrictions and required training of
alcohol service personnel, is required. In addition, the applicant must apply to the
California Coastal Commission (CCC) to receive an event exclusion, which will allow the
temporary event to move forward in the City's approval process. CFC's request for an
event exclusion from CCC for the upcoming May 2025 event is still under review.
FISCAL IMPACT:
The Special Event fees will cover the cost of permitting and applicant will be responsible
for any costs to return the event site to its original state if needed.
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
City Council Policy B-13 to allow for alcoholic beverages in a City park, for a one -day
event and Repeal of Resolution No. 2024-14, 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.
6-2
Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at
Charity Polo Event Held at Peninsula Park, and Repeal of Resolution No. 2024-14
March 11, 2025
Page 3
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 Celebrity Foundation for Children
Attachment B
— Resolution No. 2025-11
Attachment C
— City Council Policy B-13
Attachment D
— Resolution No. 2024-14
6-3
ATTACHMENT A
ADDRESS
39375 San Ignacio Road
Hemet, CA 92544
MAILING ADDRESS
PO Box 12709
Newport Beach, CA 92658
PHONE
(949)719-2625
/• •r zil
!
January 16, 2025
Dear Sean and Brandon,
We are elated to have the opportunity to bring back our celebrated
Palo Tournament to Peninsula Park on Saturday, Maya", 2025.
We are requesting waiver of section A,1 (Use of Alcohol) in the
Public Use of City Facilities rules. Please see below.
Use ofAlcohol. 9. Alcoholic beverages are prohibited and shall not be
permitted in or on anymunicipal facilities operated by the
Department, except beer and wine maybe 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 ofAlcoholic
Beverage Control (ABC) regulations and approved in writing bythe
Recreation and Senior Services Director. Approval to serve beer and
wine shad not be deemed to approve service ofalcohol in violation of
Section 25604 of the Business andProfessions Code. The Recreation
and Senior Services Director will require the permittee to pay City
costs to provide additional securitywhen alcohol is served.
We are requestingto serve beer and wine only, no hard alcohol. We
will not be selling any alcohol or using any bars.
We will be serving only bee rand winethat is included in the price of
the ticket. We have already met with the State Alcohol Control Board,
who have agreed to this policy. All alcohol will be restricted to inside
the tents.
Thankyou ki nd ly for you r conside ration of waivi ng this line item.
With Warm
r.
Michael P. Farah
Celebrity Foundation for Children
State Charter: 2009711 Federal ID: 33-0766784
Department of Alcoholic Beverage Control
State of California
DAILY LICENSE APPLICATION
Complete all applicable items. Submit this application to your local ABC District Office with
the required fee (Cashiers Check or Money Order) payable to ABC. Once the daily license
is issued, fees cannot be refunded. Listing of ABC District Office is available at
httos://www.abc.ca.gov/contact/district-offices/. Please visit https:/Arh ww.abc.ca..ov/abc-
221-instructions) for further instructions.
SECTION 1. ORGANIZATION AND LICENSE TYPE INFORMATION
ABC USE ONLY
License #
Receipt #
Fee
$
Conditions Requested
Diagram Requested
❑ Yes E. No
C Yes E. No
License Type
] B & W ❑ General
❑ Special
Organization Name Tax ID
CELEBRITY FOUNDATION FOR CHILDREN 33-0766784
Organization Mailing Address
1901 NEWPORT BLVD., SUITE 149, COSTA MESA, CA 92627
LICENSE TYPE
111 Special Daily Beer and Wine ($50.00)
❑ Amateur Sports Organization
21 Charitable
❑ Civic
❑ Cultural
❑ Fraternal
❑ Political
❑ Religious
L1 Social
❑ Other
SECTION 2. EVENT DETAILS
❑ Daily General {$75.00]
❑ Political Party/Affiliate Supporting
Candidate for Public Office or Ballot
Measure
❑ Organization Formed for Specific
Charitable or Civic Purpose
Fraternal Organization in Existence over
Five Years with Regular Membership
❑ Religious Organization
❑ Vessel per Section 24045.10 S&P
($50.00)
❑ Special Temporary License ($100.00)
Television Station per Section 24045.2
or 24045.9 B&P
Non-profit Corporation per Section
24045.4 and 24045.6 B&P
❑ Person conducting Estate Wine Sale
per Section 24045.8 B&P
❑ Women's Educational and Charitable
Organization per Section 24045.3 B&P
71 Other Special Temporary License
Per Section:
License #: Amount:
Event Dates
Total # of Days Hours of Alcoholic Beverage Sales, Service and/or consumption
Virtual Event Mark Yes. if the
05/03/2025
11 am To 3:30pm
❑ Yes ] No virtual+s 100%
Event Address (Street #, name, and city)
Event Location Description (Jones Park. Pavilion A, etc.)
Location Within the City Limit
100 MAIN ST Ng
PENINSULA FIELD
Z Yes ❑ No
Event Type
Type of Entertainment
Event Open to Public
]Barbeque ❑Dinner
]Sporting Event
POLO TOURNAMENT
❑ Yes ❑ No
]Birthday ❑Festival
]Social Gathering
Estimated Attendance Security Guard If Yes. how many
Outdoor Event
❑Concert ❑Lunch
Wedding
]Carnival LIMixer
❑Other:
!]Yes ❑Nc
1000
Z Yes" "If Yes, a diagram of the
]Dance El Picnic
V V V 4
_ No event area is required
REQUIRED
❑ By checking this box, you are certifying that you understand the requirements detailed in Business and Professions (B&P) Code Section
25682(c) which state that a nonprofit organization that has obtained a temporary daily license from the department must designate a person(s) to
receive RBS training certification prior to the event, and that designated person(s) shall remain onsite for the duration of the event.
SECTION 3. CONTACT INFORMATION
Contact Person ]Phone Number 1 Email Address
MICHAEL FARAH 949-244-5302 EMIKE FARAHAS.COM
SECTION 4. SIGNATURES AND APPROVALS
I attest that I am authorized by the organization named above to make this application on its behalf/,./,/
Organization's Authorized Representative Name
MIC_HAEL FARAH
Phone Number
949-244-5352
Signatu
..
Date Signed
0111612025
Property Owner Approval By (Name) Required
Phone Number
' nature�,,n
Date Signed
Law Enforcement Approval By (Name), If applicable
Phone Number
Signature
Date Signed
District Office Approval By (Name)
Phone Number
ABC Employee Signatu!717
ance Date
The above named organization is hereby licensed, pursuant to the California B&P Code Division 9 and California Code of Regulations, to engage
in the temporary sale of alcoholic beverages for consumption at the abovenamed location for the period authorized above. B&P Code Section
25682(c) requires that a designated RBS-trained person(s) shall remain on site for the duration of the event. Failure to comply with this requirement
will result in immediate cancellation of the permit. This license may be revoked summarily by the Department if, in the opinion of the
Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the
people of the State.
ABC-221 (Rev.03122)
6-5
ATTACHMENT B
RESOLUTION NO. 2025- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, WAIVING
SECTION A.1 OF CITY COUNCIL POLICY B-13 TO
ALLOW FOR ALCOHOLIC BEVERAGES AT A CHARITY
POLO EVENT HELD AT PENINSULA PARK, AND
REPEAL OF RESOLUTION 2024-14
WHEREAS, in 2016, 2023, and 2024, a charity polo event was held at Peninsula
Park ("Event") providing a memorable event for residents, celebrating the tradition of the
sport of Polo, including the artistic expression of fashionable hats, social camaraderie,
showcasing the wares of local vendors, and providing a boost to the local economy;
WHEREAS, to accommodate the Event, the City Council of the City of Newport
Beach ("City") waived Section A.1 of Council Policy B-13, Public Use of City Facilities
("Council Policy B-13"), which restricts dispensing of alcohol on City property to specific
locations, so that alcohol could be dispensed at Peninsula Park in connection with the
Event, which was a success resulting in residents requesting the Event be repeated;
WHEREAS, on March 12, 2024, in connection with the special event permit
application filed by Newport Beach Foundation, a California nonprofit corporation, the City
Council adopted Resolution 2024-14, which indefinitely waived Council Policy B-13 for
the Event;
WHEREAS, administration of the Event subsequently changed, and is now being
conducted by Celebrity Foundation for Children, a California nonprofit corporation
("Applicant");
WHEREAS, Applicant submitted an application for a special event permit to hold
the Event on Saturday, May 3, 2025, and requests a waiver of Council Policy B-13 so that
alcohol can again be dispensed at Peninsula Park to facilitate the Event;
WHEREAS, due to the change in administration of the Event, and the possibility
of future changes in the administration of the Event, City staff recommends repeal of
Resolution 2024-14 so that the City Council can resume reviewing and approving
requests for waiver of Council Policy B-13 on a case -by -case basis for the Event, which
is the customary practice for other events held in the City which propose to serve alcohol;
and
Resolution No. 2025-
Page 2 of 3
WHEREAS, the City Council desires to waive Council Policy B-13 for the Event,
provided that a special event permit is obtained by the Applicant that contains appropriate
conditions related to the sale and service of alcohol.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby waive Section A.1 of Council Policy B-
13 to allow for the dispensing of alcoholic beverages at Peninsula Park for the Event,
provided that a special event permit is obtained that contains appropriate conditions
related to the sale and service of alcohol. As part of the special event permitting process,
supplemental materials shall be submitted with the special event permit application for
City staff review and approval including, but not limited to, an alcohol service plan that
sets forth limits on the number of alcohol service locations, alcohol container sizes, and
the types of alcohol to be served, as well as information about the security personnel,
event perimeter fencing, how the applicant will adhere to California Department of
Alcoholic Beverage Control (ABC) restrictions, and required training of alcohol service
personnel.
Section 2: As of the effective date of this Resolution, Resolution 2024-14 is
hereby repealed.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
6-7
Resolution No. 2025-
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 11t" day of March, 2025.
Joe Stapelton
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
•k1 c
Aaron C. Harp
City Attorney
ATTACHMENT C
B-13
PUBLIC USE OF CITY FACILITIES
Purpose
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 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 provide 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.
G. A Facility Use Permit shall not be transferred, assigned or sublet. All Facility Use Permits 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.
• •
N.
I. A Facility Use Permit 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.
I. 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), Newport
Beach Junior Guard Center, 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.
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.
2 6-10
B-13
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 and on all City property 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.
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.
I. 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.
6-11
B-13
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, Presidents' Day, Independence Day, Labor Day, Martin Luther King Day, Memorial
Day, New Year's Eve, New Year's Day, Thanksgiving and Veterans 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.
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 and
liability insurance listing the City as additionally insured.
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. All 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.
4 6-12
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)
I. 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.
J. 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, Newport
Beach Junior Guard Center, 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
co -sponsored 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, Newport Beach Junior Guard
Center, 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 hour 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.
6-13
B-13
E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center,
Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center,
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 hour notice will be charged
the entire rental fee.
History
Adopted I-5 — 11-22-1962 ("Use Priorities and Fees")
Amended I-5 —
3-9-1970
Reaffirmed I-5
— 2-14-1972
Adopted G-4 —
5-13-1974 ("Use of City Facilities")
Amended I-5 —
5-28-1974
Amended I-5 —
2-13-1978
Amended G-4 and I-5 — 10-10-1978
Amended I-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 and I-5 — 2-9-1981
Amended I-5 —
11-23-1981
Amended I-5 —
10-12-1982
Amended I-5 —
10-25-1982
Amended G-4 and I-5 — 4-23-1984
Amended I-5 —
11-28-1988
Amended I-5 —
11-27-1989
Amended I-5 —
3-25-1991
Adopted I-25 —
5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5)
Amended I-25
— 5-8-2001
Amended I-25
— 4-23-2002
Amended I-25
— 4-8-2003
Amended I-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
Amended B-13
— 11-14-2023
6 6-14
ATTACHMENT D
RESOLUTION NO. 2024-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, INDEFINITELY
WAIVING SECTION A.1 OF COUNCIL POLICY B-13 TO
ALLOW FOR ALCOHOLIC BEVERAGES AT THE
ANNUAL CHARITY POLO EVENT HELD AT PENINSULA
PARK
WHEREAS, in 2016 and 2023, a charity polo event ("Charity Polo Event") was
held at Peninsula Park, providing a memorable event for residents, celebrating the
tradition of the sport of Polo, including the artistic expression of fashionable hats, social
camaraderie, showcasing the wares of local vendors, and providing a boost to the local
economy;
WHEREAS, to accommodate the Charity Polo Event, the City Council of the City
of Newport Beach ("City") waived Section A.1 of Council Policy B-13, Public Use of City
Facilities, which restricts dispensing of alcohol on City property to specific locations
("Council Policy B-13"), so that alcohol could be dispensed at Peninsula Park;
WHEREAS, a special event permit application was recently filed by the Newport
Beach Foundation, a California nonprofit corporation ("Foundation"), to hold the Charity
Polo Event on Saturday, May 4, 2024, at Peninsula Park;
WHEREAS, the Charity Polo Event held in 2016 and 2023 at Peninsula Park was
a success, with residents requesting the event be held again, and the Foundation now
intends to hold the Charity Polo Event on an annual basis;
WHEREAS, the Foundation requests the City Council again waive Council Policy
B-13 to allow for the dispensing of alcohol at Peninsula Park to accommodate the Charity
Polo Event; and
WHEREAS, the City Council desires to indefinitely waive Council Policy B-13 for
the Chairty Polo Event held at Peninsula Park, provided that that a special event permit
is obtained that contains appropriate conditions related to the sale and service of alcohol.
Citv of Newport Beach 6_15
Resolution No. 2024-14
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council does hereby indefinitely waive Section A.1 of
Council Policy B-13 to allow for the dispensing of alcoholic beverages at Peninsula Park
for the Charity Polo Event, provided that a special event permit is obtained that contains
appropriate conditions related to the sale and service of alcohol. As part of the special
event permitting process, supplemental materials shall be submitted with the special
event permit application for City staff review and approval including, but not limited to, an
alcohol service plan that sets forth limits on the number of alcohol service locations,
alcohol container sizes, and the types of alcohol to be served, as well as information about
the security personnel, how the applicant will adhere to California Department of Alcoholic
Beverage Control (ABC) restrictions, and required training of alcohol service personnel.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
City of Newport Beach s_,s
Resolution No. 2024-14
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of March, 2024.
Will O'Neill
Mayor
ATTEST:
lIAL
:.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.
Aar n C. Harp
City Attorney
City of Newport Beach
6-17
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-14 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of March, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Erik Weigand
NAYS: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1 P day of March, 2024.
M& W.
Leilani I. Brown
City Clerk
Newport Beach, California
��T
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City of Newport Beach
6-18