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

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Following City Council direction at the work session and the public hearing, the area for the proposed exemption has been reduced, removing most of the open areas of Alton Baker Park and residential areas (Attachment B.) The small, boot-shaped area adjacent to the Riverfront Parkway on the south side of the Willamette River was also removed from the proposed area of exemption. Attachment C has been developed to answer several questions raised by members of the City Council at the public hearing. These questions represent four main topics: 1) Oregon Liquor Control Commission Licensing (OLCC) and its role on game days; 2) the possible difference in liability for the City if OLCC licenses were to be required; 3) the nature of the lot owners and users in the business corridor adjacent to Coburg Road; and 4) drunk-driving arrest statistics. The question of fairness between what is allowed in the Autzen parking lot and at neighboring pay-for- use lots has remained important to several council members, as well as community members and affected not-for-profit organizations. The University of Oregon has indicated interest in continuing an educational approach to tailgating and ticket-holder behavior and would provide similar information to tailgaters using their facilities. The new standards include the promotion of more responsible behavior by tailgating fans. Discussion by councilors at the September 10, 2007, public hearing included suggestions to shorten the time allowed for the legal consumption of alcohol in the exempted area. Two motions are provided as alternatives in attachment E, should the council decide to pursue this amendment to the proposed ordinance. RELATED CITY POLICIES Eugene Code (EC 4.190) currently prohibits public consumption of alcohol on a number of properties where it now occurs on home game days. Equal application of the law or a change in code would ensure the City maintains integrity in code enforcement. COUNCIL OPTIONS The City Council may: 1.Adopt the ordinance. 2.Adopt the ordinance but change the boundaries for the exemption area. (See suggested motion on the next page.) 3.Adopt the ordinance but change exemption time period to end at the end of the football game. (See suggested motion language at Attachment E.) 4.Adopt the ordinance but change the exemption time period to end one hour after the end of the football game. (See suggested motion language at Attachment E.) 5.Remove the exemption currently provided through Section 4.190(4) and thereby eliminate legal consumption of alcohol at Autzen Stadium parking lots on home football game-days. (See suggested motion language at Attachment E.) 6.Take no action at this time; legal public consumption of alcohol will remain restricted to the area currently exempted by ordinance. The amendment 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. 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. F:\CMO\2007 Council Agendas\M070924\S0709243.doc