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

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drinking areas are temporarily exempted from what would otherwise be areas prohibited from public consumption of alcohol. The only alcohol sales legally occurring during University of Oregon football events take place in the reserved box seats of Autzen Stadium and in the Moshofsky Sports Center. The vendors involved are OLCC licensed. Consumption of alcohol in these venues is not considered public drinking as defined by statute or ordinance and is entirely unaffected by the present ordinance discussion. The very limited number of OLCC personnel available on game days monitor these alcohol sales and, as available, monitor the tailgating areas for alcohol-related violations; specifically illegal sales and consumption by minors. It should be noted that no additional OLCC staff are available. The same crimes are monitored by Eugene Police Department (EPD) in the course of our security duties in and around the stadium on game days and in the community, generally. The amendment does not contemplate any lessening of enforcement attention with regard to these violations. Tailgaters rent a parking space on university or private property for what is essentially a private party. The actions of providing and drinking alcohol in this context are no different than a gathering at a private residence – no OLCC license or permit is required but alcohol sales remain unlawful as does providing alcohol to minors, etc. The only distinction is that the tailgating activity is occurring on property normally open to the public. The existing UO exemption and the proposed amendment provide a very limited exemption for the location of consumption, similar to that provided by the Eugene Celebration event permits. Behavioral laws and regulations other than location of consumption would remain unaffected. Possible Differences in Liability for the City if OLCC Licenses Were Required. The City Attorney has previously issued an opinion with regard to liability (attached to the Agenda Item Summary as “D” for reference). As discussed above, the OLCC does not license the private tailgating activities at issue in the Autzen-area parking lots on game-day. As a result, there is no answer to the question of how requiring OLCC licensing would impact potential city liability because the OLCC would not license these activities. Nature of the Lot Owners and Users in the Business Corridor Adjacent to Coburg Road. During the September 15, 2007, UO vs. Fresno State football game, police employees identified 23 pay- for-use parking facilities near Autzen Stadium. In total, 16 parking lots were operated by not-for-profit organizations and seven by for-profit businesses or private property owners. Public drinking was allowed by the operators on 18 of the sites to include all but two of the not-for-profit sites. Fourteen pay-for-use parking lots were located in the Centennial Loop, Coburg Road, Centennial Plaza area; seven of which were operated by not-for-profit organizations. Lots in this area provided parking for approximately 1,174 vehicles. Lots operated by not-for-profit organizations provided 824 of those spaces. Twenty of those spaces are on the parking lots where the lot operator did not allow public drinking. All six pay-for-use parking lots on Martin Luther King, Jr. Boulevard and Leo Harris Parkway were run by not-for-profit organizations. They all allowed public drinking and included approximately 2,248 parking spaces. Not included in the figures above are approximately 165 pay-for-use parking spaces in the Alton Baker Park parking lot where public drinking is not legal, but was taking place on game day. Also not F:\CMO\2007 Council Agendas\M070924\S0709243.doc