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Home My WebLink About5370 ORDINANCE NO. 5370 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 13.04.140 of the Bremerton Municipal Code relating to liquor in City Parks. WHEREAS,the City Council desires to amend Section 13.04.14 entitled "Liquor"under the Park Code relating to alcohol within City parks;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 13.04.140 of the Bremerton Municipal Code entitled "Liquor" under the Park Code is hereby amended to read as follows: 13.04.140 LIQUOR. It is unlawful to serve or consume,within any City park, any liquor as defined in RCW 66.04.010(25), as enacted and hereinafter amended, except the service and consumption of liquor is authorized in the following circumstances: (a) The service and consumption of liquor in designated City parks as authorized in subsections (b)though (g)below is; (1) Permitted by the Washington State Liquor and Cannabis Board; and (2) Such service and consumption of liquor is limited to beer and wine. (b) Within Pendergast Regional Park, Evergreen Rotary Park, Lions Park, Harborside Fountain Park and the Louis Mentor Boardwalk when; (1) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or(ii) authorized by the City Council upon terms and conditions as established by the City Council. (ac) Harborside Fountain Park and Louis Mentor Boardwalk. Within the boundaries of the Harborside Fountain Park and the Louis Mentor Boardwalk when: _(1) Permitted by the Washington State Liquor Control Board; and (21) Such service of liquor is administered by the operator of the Kitsap Conference Center at Bremerton Harborside, as permitted by the City's Director of Parks and Recreation, or designee, subject to terms and conditions as established by the Director;, (3) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or(ii) authorized by the and consumption of liquor is limited to beer and wine. (bd) Pendergast Regional Park Indoor Soccer Center. Within the mezzanine food service area of the Olympic Soccer and Sports Center("Indoor Soccer Center") located within Pendergast Regional Park when: (1) Permitted by the Washington State Liquor Control Board; (21) Such service of liquor is administered by the operator of the Indoor Soccer Center; and_ (3) Such service and consumption is limited to beer and wine. 1 (ee) Eastpark Bremerton Ice Arena. Within the building of the Bremerton Ice Arena facility("Ice Arena") located within Eastpark when: (1) Permitted by the Washington State Liquor Control Board; (21) Such service of liquor is administered by the operator of the Ice Arena; (3) Such service and consumption is limited to beer and wine; (42) Such service and consumption,when in the viewing stands area, is limited to private events,not public events; however, service and consumption of liquor are prohibited on the field of play; and (53) Required approval has been granted by the National Parks Service, on behalf of the Secretary of the Interior,pursuant to the deed conveying the property to the City. (41) Evergreen Rotary Park. Sampling of beer and wine and sales of beer and wine within the boundaries of a farmer's market licensed or permitted area located within Evergreen Rotary Park when: (1) Permitted by the Washington State Liquor Control Board; (21) Authorized by the City Council upon terms and conditions as established by the City Council; and (32) Such services comply with the requirements of RCW 66.24.170, 66.24.175, 66.24.240, and 66.24.244 and other related statutory or regulatory requirements, as currently enacted or hereinafter amended; and (43) The sampling area is located within a forty-eight(48) inch high barrier or other designated booth or stall,the location and aesthetics of which are subject to approval by the Director of Parks and Recreation. (eg) Otto Jarstad Park, which is City utility property maintained by the Department of Public Works and Utilities. Within the boundaries of Otto Jarstad Park,which is City utility property maintained by the Department of Public Works and Utilities, when: (1) Permitted by the Washington State Liquor Control Board; and (2) Such service and consumption of liquor is limited to beer and wine; and (31) Permitted by the City's Director of Public Works and Utilities, or designee as a private, not a public event, subject to terms and conditions as established by the Director; or (42) The service of liquor is administered during an event or activity which is: (i) licensed by the City as a special event pursuant to Chapter 5.36 BMC, or(ii) authorized by the City Council upon terms and conditions as established by the City Council. For purposes of this section, Section 13.04.140,the authorized service and consumption of liquor includes any related sale of liquor. Private event means events, such as weddings and birthday parties, authorized for use of specific space within a park by private groups pursuant to a permit or rental agreement. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to,the correction of scrivener, clerical,typographical, and spelling errors,references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 1 C) "441 day of Zv► , 2019. ERIC YOUN ER, Council President Approved this 20 44'.* day of Suh ,2019. GRE EELER, Mayor ATTEST: APPROVED AS TO FORM: A. 04 ALVA/4 4.. 11111 ANGELA % OODS, City lerk R• "ER A. LUBOVICH, ity Attorney PUBLISHED the(961'1 day of N r1{, , 2019. EFFECTIVE the 5 1'Ir1 day of ��‘i ,2019. ORDINANCE NO. 5310 . J R:\Legal\Legal\Ordinances\Parks\BMC 13.04.140 Liquor-Final.doc 3 Kitsap !- PART OF THE USA TODAY NETWORK PROOF OF PUBLICATION ORDINANCE NO. 5370 AN ORDINANCE of the City Council of the City of Bremerton, Washington, 14C CITY OF BREMERTON EN GINEERING amending theBremerton SectionMunic13.04ipal of the Municipal 345 6TH STREET STE 100 Code relating to liquor in City Parks BREMERTON,WA 98337 PASSED by the City Council on the 19th day of June,2019. The full text of this ordi- STATE OF WISCONSIN,COUNTY OF BROWN nance is available from the City Clerk's Office, 345 Sixth Street, Suite 100, Bre- I,being first duly sworn on oath,deposes and says:That I merlon,WA 98337. am now,and at all times embraced in the publication June 25,2019 #3642552 herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN;that said newspaper has been approved as a legal newspaper by the order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than 6 months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County, Washington,a weekly newspaper in Kitsap County, Washington and is now and during all of the said time,was printed in an office maintained in the aforesaid place of publication of said newspaper;that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date(s),to wit:And on June 25,2019 such newspaper was regularly distributed to its subscribers during all of said period Subscrib d and sworn to be ore on June 25,2019 Legal C eek of Notary,State of a aunty of/n NANCY HEYRMA—AN 5/5.43 Notary Public My commission expires State of Wisconsin 1 Publication Cost:$69.20 Ad No:0003642552 Customer No: 1240752 PO#: