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HomeMy WebLinkAbout7 - Waive of COuncil Policy B-14 - Temp Signs with Sponsorship Recognition in City Parks & BeachesItem No. 7 October 5, 2004 RECREATION £t SENIOR SERVICES DEPARTMENT • To: Parks, Beaches F± Recreation Commission From: Andrea McGuire, Recreation Superintendent Re: Request for Waiver of Council Policy B -14 — Temporary Signs with Sponsorship Recognition in City Parks and Beaches ISSUE Should the City approve the request from Back Bay Rugby Football Club who has secured an alcoholic beverage company as their major event sponsor and is requesting that their sponsors' name appear on signage during their games at Peninsula Park field from October 9, 2004 to June 9, 2005 RECOMMENDATION Deny request to recommend that City Council waive Council Policy B -14 for the Back Bay Rugby Football Club season of October 9, 2004 through June 9, 2005. or Recommend to City Council that Council Policy B -14 be amended to allow alcohol • signage at City parks and on the beaches. BACKGROUND An email was received from Back Bay Rugby Football Club on August 9, 2004 requesting a waiver to allow them to display their sponsor banner (which is a beer sponsor), and to use their goalpost pads as signage for the same beer sponsor during their upcoming season (Attachment A). These banners /pads will be displayed only while they are playing and will be removed after each game. The Back Bay Rugby Football Club plays the majority of its games at Peninsula Park and typically reserve the park 7 -10 times per year for games. Games are played on Saturdays from noon to 4pm with approximately 100 spectators. A similar request was received in May 2003 requesting permission for an alcohol sponsor for a single special event that would have been held on the beach. At that time the Commission conceptually approved the one time request with the organizations submittal to staff of more complete site plans, sign dimensions etc. However, the request was withdrawn by Back Bay Rugby before it went forward to City Council. That request was for a single event, not a series of games or a season of games such as the current request. Council Policy • City Council policy B -14 — Temporary Signs with Sponsorship Recognition in City Parks and Beaches is attached and addresses this request. The policy states: "No signage for alcohol or tobacco is permitted." Request for Waiver of Council Policy B -14 — Temporary Signs with Sponsorship Recognition in City Parks and Beaches • Page 2 Council Policy B -14 was adopted in 1998 to regulate signage in parks. It is specifically directed at co- sponsored activities and although this is not cosponsored by the City it could be argued that any activities using City facilities would be viewed as endorsed by the City. In addition Council Policy B -8 — Bike, Foot Race and Surf Contest Policy specifically addresses the issue of alcohol sponsors for athletic contests, which would include a rugby match. The term athletic contests was added to the bike and foot race policy to cover things such as triathlons, swim races, walkathons and other events that are popular. The original policy was amended in 1986 after the service of beer at the end of a race caused some problems and resulted in formal complaints to the City. Although this policy deals with activities that are conducted through a special event permit, there is clearly an expressed intent to limit the use of signs promoting alcohol and tobacco companies at public athletic events. "No permit shall be issued for any race, running event, surf contest or athletic contest which is sponsored or financially supported by a tobacco or alcohol company..." Discussion . Staff has several concerns regarding this request. • Unlike the previous request, Back Bay Rugby is asking for a permit for the entire season. Support of this request could set precedent for other sports leagues. In addition, games are played on Saturdays during the day, a busy time at the beach providing high visibility to the signage. • Staff supports the current Council Policy banning the issuance of permits for signage promoting alcoholic beverage or tobacco companies. Signs and /or banners promoting alcohol and tobacco in City parks and beaches would not project the image we want in our community or the behavior we want encouraged at the parks and beaches. The current Municipal Code prohibits the consumption of alcohol at City parks and beaches. Allowing signage promoting alcohol would go against the intent of the Code. • Staff does not feel that there are any aspects of this request, activity or organization that would merit treatment different than that of other user groups. Therefore, it is staff's recommendation that this request be denied. Or, if the Commission is inclined to support this request to the City Council, then it would be appropriate for the Commission to recommend a change in the policy rather than just a one time waiver for this organization. • Attachments: A. Request Letter B. Council Policies B -8 and B -14 C. Copy of Proposed Signage VIA EMAIL Teri Craig • Administrative Assistant Parks Department City of Newport Beach 3300 Newport Beach, CA 92663 Subject: Request for waiver on Signage Prohibition Teri, I would like to discuss with the Parks Commission our request that we be allowed to put up temporary signage and goalpost pads that have our sponsor's (Amberbock/Michelob) name on them at Peninsula Park field. We are asking that we be allowed to hang one banner and 2 sets of goalpost pads. We generally hang our many sponsors' banners along the fencing and between palm trees on game day. These sponsors include local merchants, auto dealers, finance companies and player's employers as well as the lone Amberbock banner. These banners are usually 3'x7' in size, with the Amberbock being 3'x12' who's logo is 3'x3' with Back Bay Rugby Club in the middle. This banner is usual situated along the row of palm trees and is at least 75 yards from the boardwalk. The goalpost pads with Michelob running down the front are 18 "x 5' and are at each end of the field under the temporary uprights we set up. On average, we will host from 7 to 10 home games in a season. These games are on Saturday afternoons from 12:00 to 4:00pm and are attended by about 100 fans and players. We constantly monitor the field and spectators throughout the day and enforce all city regulations against alcohol use. • In general, we feel that we have been a good user and have not abused our privileges. The Back Bay Rugby club plays in the Southern California Rugby Union, and adult league under the direction of USA Rugby and an affiliate of the United States Olympic Committee. We have been playing at Peninsula Park officially for 5 years and unofficially for over 10 years. Over the past 3 years our club has made it to the National finals twice. The club was formed in 1985 when clubs in Newport and Irvine merged. As an adult league, we are constantly looking for sources of sponsorship to keep the club running and help pay the expenses of traveling throughout the country. Michelob /Budweiser has been a sponsor for the national team for many years and has helped fund many clubs around the country. We have an agreement with Straub Distributing, the local distributor for Budweiser and Michelob and have volunteered to work in their beer tents at the Taste of Newport for many years. Michelob paid for the goalpost pads we have wrapped around the uprights. These are a safety requirement as part of our insurance agreement and run as much as $1,000.00 for the set. Since Straub /Michelob is our primary sponsor, we would appreciate an opportunity to state our case in front of the Commission and bring in the banner and pads for them to see. As a team playing in an adult league, we naturally would attract adult - themed sponsors and hope the Commission would allow us this exemption. Sincerely, John Abbott Back Bay Rugby • 0 0 n t•.7M, BIKE, FOOT RACE AND SURF CONTEST POLICY Page 1 of 2 B--2 The purpose of this policy regarding the use of City streets and beaches for conducting bicycle races, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle races, running events, surf contests and similar athletic contests shall be required to secure a Special Event Permit, comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events and other athletic contests using City streets shall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year. Surf contests using City beaches shall not be conducted during Memorial Day weekend or summer (June 15 - September 15). No more than eight (8) large and /or commercial events shall be permitted during any calendar year and events shall be scheduled at least three (3) weeks apart. All Surf competitions, no matter what the size, are required to register with the Recreation £t Senior Services Department a minimum of one month prior to the scheduled event in order to receive approval for use of the requested location. There is no fee for registration of a surf competition, only for the Special Event Permit, if needed. All responsible parties must be able to provide upon request proof of a valid registration approval during the hours of the surf competition. . The person or entity primarily responsible for administering the event must prove their ability to pay for all required City safety and maintenance services prior to issuance of any permit. Proof of ability to pay for these services shall be in the form of a cash deposit, bond, or similar instrument. The permittee shall, prior to the event, provide the City with evidence of insurance, with the City named as an additionally insured, with minimum coverage of one (1) million dollars per occurrence unless the City Attorney and City Manager determine that due to the circumstances surrounding the event, more insurance coverage is necessary. No permit shall be issued for any race, running event, surf contest or athletic contest which is sponsored or financially supported by a tobacco or alcohol company and no alcohol or tobacco shall be permitted to be dispensed or available in the event there are participants under the age of 21. Surf contest permits will be granted for specific dates only. No more than one surf contest will be scheduled per day. Surf contest permits do not allow for the exclusive use of the ocean or contest area and are always subject to blackball rules and regulations. There can only be a maximum of six (6) large and /or commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests. Adopted - February 14, 1983 Amended - November 14, 1983 Amended - September 22, 1986 Amended - January 24, 1994 Amended - July 25, 2000 http: / /www.city.newport- beach .ca.us /CouncilpoliciesB -8.httn 9/27/2004 u 0 TEMPORARY SIGNS WITH SPONSORSHIP RECOGNITION Page 1 of I 3 --- I Li TEMPORARY SIGNS WITH SPONSORSHIP RECOGNITION IN CITY PARKS AND BEACHES Temporary signs which recognize sponsorship of City sponsored or co- sponsored sports programs may be posted in a City park or beach when the signage complies with the criteria set forth in this policy. The Recreation Et Senior Services Director will require that sponsorship signs meet the following guidelines and that any other approvals which may be required are obtained: A. The signage must relate to a program sponsored or co- sponsored by the City of Newport Beach. B. The signage must: 1. Not exceed twenty -four (24) square feet in size; 2. Be posted in a location not visible from public streets and pre- approved by the Recreation Et Senior Services Department; 3. Be posted only during the designated priority season for that sports group; 4. Be aesthetically appealing, with consideration for the surrounding area. C. No signage for alcohol or tobacco is permitted. D. The applicant is responsible for placement and removal of signage and for storage, damage, theft, or loss of any sign posted. Adopted - September 14, 1998 Amended Ft Reassigned - April 8, 2003 Amended - April 13, 2004 Formerly 1 -26 RETURN TO TABLE OF CONTENTS RETURN TO CITY OF NEWPORT BEACH HOME PAGE http://www.city.newport-beach.ca.us/Councilpolicies/B-14.htm 9/27/2004 0 kk 0 m