HomeMy WebLinkAboutCity Council Member Item for June 2, 2014, City Council Meetlm-.*ill,j
0
JA
- CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable City Council Members
From: Matthew Harper, Mayor
Joe Shaw, Mayor Pro Tern
Date: May 27, 2014
Subject: City Council Member Item for June 2, 2014, City Council Meeting -
Alcohol Sales in Central Park
STATEMENT OF ISSUE:
Over the past several months, the operator of Kathy May's Lakeview Cafe concession at
Huntington Central Park, has requested information on the process to sell beer and wine at the
Cafe. The Cafe has a proven track record of responsible operation in the city since the
restaurant was opened.
I propose that staff research and begin the process necessary to allow alcohol sales at Cafe.
As part of the process, the following issues should be addressed:
Alcohol sales at the Cafe may impact other park open space locations within the city
boundaries. In particular, aside from the restaurant and concessions that operate at
Meadowlark Golf Course, there appears to be no other restaurants or concessions in the
city that sell alcohol on city -owned property, except at temporary events. If Kathy May's is
allowed to sell alcohol in the park, is the city required to allow other restaurants or vendors
to also sell alcohol?
2. In addition, it appears that three sections of the city's Municipal and Zoning Codes apply to
alcohol sales in public parks.
• HBMC 13.48.110 —Alcoholic Beverages:
No person shall, within the boundaries of any public park within the City, consume any
alcoholic beverage of any kind whatsoever, except when attending a function operating
under an alcohol permit issued in accordance with Chapter 9.84 of this code.
HBMC 9.44.010 — Drinking in Public Places:
No person shall drink any malt, spirituous or vinous liquor containing more than one-half
of one percent of alcohol by volume, upon any public streets, alleys, sidewalks,
parkways, playgrounds, parking lots open to the public, public parks, public school
grounds, and public recreation areas within this City, unless such person is on any place
for which a conditional use permit or special permit has been issued by the City of
Huntington Beach permitting alcohol consumption. r
HBZSO Section 213.06: OS District — Land Use Controls
Eating and drinking establishments are permitted in park open space areas of the City
by Conditional Use Permit (CUP) if considered an ancillary use that is compatible with
and part of a park or recreational facility. The CUP would be subject to a public hearing
before the Zoning Administrator.
CCMI for June 2, 2014
Page 2,
May 27, 2014
3. If the municipal and/or zoning codes are amended, can the modification be made to limit the
sale of beer and wine to very specific locations in the Park(s)?
4. Is it permissible for the city to regulate alcohol sales, locations, times, type of alcohol sold,
etc. because of state laws?
RECOMMENDED ACTION:
Motion to direct staff to research the legal and policy issues involved in allowing beer and wine
sales at Kathy May's in the Park and direct staff to prepare any appropriate code modifications
for future City Council consideration.
Xc: Fred Wilson, City Manager
Ken Domer, Assistant City Manager
Joan Flynn, City Clerk
Jennifer McGrath, City Attorney