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

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: 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 24, 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 an opportunity for the City Council to take action on the 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 state-owned 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 University of Oregon football home game days. The Eugene City Code currently exempts Autzen Stadium property 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 does not extend to neighboring properties where similar activity occurs. A public hearing was held on September 10, 2007, to discuss this issue. 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. Unlike the Autzen Stadium lot, 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 between Autzen Stadium and 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. Research indicated 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 these concerns is the number of not-for profit organizations that fund programs through pay-for-use parking on game days. The proposal before City Council relies on public information provided by property owners or operators of private lots providing game day parking to educate the tailgating public as to the special circumstances that allow tailgating. F:\CMO\2007 Council Agendas\M070924\S0709243.doc