Item 3: Ordinance Concerning Consumption or Possession of Alcohol in Public

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing:An Ordinance Concerning Consumption or Possession of Alcohol in Public Places, and Amending Sections 4.190, 4.990, and 4.996 of the Eugene Code, 1971 Meeting Date: September 10, 2007 Agenda Item Number: 3 Department: Eugene Police Staff Contact: Captain Pete Kerns www.eugene-or.gov Contact Telephone Number: 682-5252 ISSUE STATEMENT This is a public hearing to discuss a proposed amendment to the Eugene City Code (EC 4.190) that would allow public alcohol consumption at certain properties around Autzen Stadium on home football game days, provided they comply with certain conditions. The amended ordinance would resolve the disparity in which a City Code exemption exists for people tailgating in the Autzen Stadium parking lot, but not for those in neighboring, private pay-for-use lots, and correct an enforcement dilemma in which standards are enforced throughout the city but not around Autzen Stadium on home football game days. BACKGROUND On February 26 and July 23, 2007, City Council held work sessions to discuss options for addressing tailgating activities near Autzen Stadium on UO football home game days. The Eugene City Code currently exempts Autzen Stadium on scheduled home football game days from the City Code prohibition of alcohol consumption in a public place and on private property. This City Code exemption currently does not extend to neighboring properties where similar activity occurs. Over the last decade, as the university has expanded facilities adjacent to Autzen Stadium and increased the seating capacity of the stadium, the available parking area at Autzen has been reduced. As a result, game day parking, and the associated tailgating parties, have gradually spread to private pay-for-use parking areas within walking distance of the stadium. These additional parking areas do not currently receive an exemption from the City’s ordinance concerning consumption or possession of alcohol in public places. The amended ordinance would resolve the disparity in which an exemption exists for people tailgating in the Autzen Stadium parking lot, but not for those in neighboring, private pay-for-use lots, and correct an enforcement dilemma in which standards are enforced elsewhere throughout the city, but not around Autzen Stadium on home football game days. The Council asked staff to bring forward a recommendation to resolve this issue. Research to develop a recommendation acknowledged that the City’s police resources are limited on game days and minimal enforcement of alcohol violations is possible. In addition, the City does not have the capacity to significantly add to its permitting and licensing responsibilities. Adding to those concerns were the number of not-for profit organizations that fund programs through pay-for-use parking on game days. Due to these limitations, the proposed solution brought to City Council in July relied on public information to educate the tailgating public as to the special circumstances that allow tailgating, rather than utilizing a purely regulatory approach to resolve the issues. F:\CMO\2007 Council Agendas\M070910\S0709103.doc