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

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An amendment to the existing ordinance that would grant an exemption to City Ordinance 4.190 for pay-for-use parking lots neighboring the University of Oregon football stadium is included in the packet as attachment A. The expanded exemption is similar to that presently granted to the University of Oregon for the Autzen parking lot. Property owners or managers would be eligible for the exemption only when showing compliance with conditions intended to manage problems associated with unregulated public consumption of alcohol. The amended ordinance would require pay-for-use parking lot operators to post signs and distribute handbills to individuals and groups using their facility to clearly communicate: Consumption of alcoholic beverages is allowed on the property only during the following time -- o four hours before the start of the game and up to two hours following the end of the game. Providing alcohol to minors and consumption of alcohol by minors is prohibited. o The sale of alcohol is prohibited. o Disorderly behavior is not tolerated. o Violations regarding tailgating may result in eviction or loss of future parking privileges. o Violations regarding tailgating may be reported to the City of Eugene. o The City Code change would apply only on home football game days for pay-for-use parking lots in the area as depicted on the map submitted as attachment B. Documented violations would result in fines and, after the third violation in a 12-month period, the property would lose the tailgating exception. For the following 12 months after the third violation, the property would be subject to the City’s normal public consumption regulations, making it illegal for anyone to consume alcohol on the property unless exempted by another provision of the Code. Investigation of complaints and enforcement of new standards would be handled by the Planning and Development Department. Eugene Police would retain responsibility for enforcing local and state laws for disorderly conduct, minor in possession and illegal alcohol sales. CITY MANAGER’S RECOMMENDATION The City Manager recommends that City Council adopt Option 2, above, which would change the boundaries as depicted on attachment B and provide for council action on September 24, 2007. SUGGESTED MOTION Move to amend the ordinance by substituting the phrase: "as depicted on map 4.190(4)(b) appended to this chapter and attached as exhibit A to the ordinance amending this provision," for the phrase: "by Coburg Road on the west, the Willamette River on the south, Interstate 5 on the east, and Intrastate 105 on the north.” ATTACHMENTS A.Draft ordinance revising Eugene Code 4.190 B.Map of Autzen area FOR MORE INFORMATION Staff Contact: Captain Pete Kerns Telephone: 541-682-5252 Staff E-Mail: pete.m.kerns@ci.eugene.or.us F:\CMO\2007 Council Agendas\M070910\S0709103.doc