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

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ATTACHMENT C Eugene PoliceDepartment 777 Pearl St, Room 107 Eugene, Oregon 97401 M EMORANDUM (541) 682-5111 www.eugene-or.gov Date: September 18, 2007 To: Mayor Piercy and City Council From: Robert L. Lehner, Chief of Police - 682-5102 Subject: Additional Information Regarding "Tailgating" On September 10, 2007, at the City of Eugene public hearing regarding exceptions for tailgating around Autzen Stadium, several questions were raised by members of the City Council and summarized by Councilor Zelenka. The following information has been prepared for council’s consideration prior to the September 24, 2007, scheduled action on this matter. Where necessary, we have consulted with the City’s legal counsel; although the information in this memorandum does not represent a complete analysis by legal counsel. On August 23, 2007, you received a memorandum from City Attorneys Jerome Lidz and Ross M. Williamson providing a response to Councilor Bettman’s question regarding the City’s liability as it relates to permitting drinking on public property. As a reference, this memorandum is provided for you as attachment D to the September 24, 2007 Agenda Item Summary. This memorandum addresses four main topics drawn from Councilor Zelenka’s questions: ?Oregon Liquor Control Commission Licensing (OLCC) and the role of OLCC on game days; ?Possible differences in liability for the city if OLCC licenses were required; ?Nature of the lot owners and users in the business corridor adjacent to Coburg Road; and ?Driving Under the Influence (DUI) arrest statistics. The Role of OLCC on Game Days Special community events (festivals, etc.) do not require OLCC permits unless alcohol sales will occur. Permits are issued for street and sidewalk closures, attendance sales (restricted attendance) and other activities, allowing special uses on what are normally publicly-owned spaces or private lots open to the public. These permitted exemptions are limited to the event. Eugene Celebration and similar events require OLCC permits only to the extent that alcohol is sold during the event. Special permits are issued by OLCC to permit existing licensees to sell alcohol outside of their usual licensed premises. For these types of events, there are normally further restrictions within the permitted areas (beer gardens, etc.), outside of which drinking is not permitted. The designated F:\CMO\2007 Council Agendas\M070924\S0709243.doc