Item B: Exceptions for Tailgating Around Autzen Stadium

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The issue of unlawful consumption of alcohol poses a dilemma for the City of Eugene: provisions of the Eugene Code that are enforced consistently throughout the year are openly violated on six Saturdays every football season. On game days, in the rest of the City, anyone who chooses to drink in public and attracts the attention of the police is likely to receive a citation for violation of the Eugene Code, while football fans around Autzen do so without similar consequence. Specifically, the Eugene Code 4.190 (1) prohibits “the consumption of alcoholic liquor or possession of an open alcoholic beverage container in a public place and on private property extended to the public for use.” It also states that: “no person shall drink, consume alcoholic liquor, or possess an open alcoholic beverage container in such a place or on such property, unless authorized by the Oregon Liquor Control Commission or other provisions of this code” (see Attachment A). If desired, a property owner or manager who operates pay-for-use parking lots may apply to the Oregon Liquor Control Commission (OLCC) for a license to permit them to serve alcohol or to contract with a vendor to serve alcohol in a defined area. This type of license would not permit customers to consume alcohol they brought to the site. Regardless of any financial resources that could be applied to address enforcement of the current ordinance, the City does not have sufficient police staff to increase patrols during home football games. Currently, EPD is unable to staff all of the authorized assignments in and around the stadium. These vacant positions are filled with other law enforcement officers by contract with the City of Eugene. The City took a step toward addressing this issue last year by issuing a warning and beginning to discuss the issue of the unlawful consumption of alcohol in public places with those people who were in violation of the ordinance. The UO, through its “Code of Conduckt” campaign raised awareness among its fans concerning alcohol and behavior problems in and around the stadium. Any change to the City’s current practices will require a significant public information effort prior to the start of the next football season and the date that reservations for parking spaces are sold. RELATED CITY POLICIES Equal application of the law or a change in code would ensure the City maintained the integrity of its Code. COUNCIL OPTIONS The council has several options: No Action” 1. “ - Take no action, which would continue the current level of enforcement for violations of the Eugene Code. This option would maintain the status quo. It does not, however, resolve the increasing nature of alcohol-related complaints and incidents associated with football tailgating, nor does it address the disparate enforcement issues. These events constitute the single largest gathering of unlawful public drinking of this kind in Eugene during any given year. There are no additional financial costs associated with this option and pay-for-use parking lots would be unaffected. L:\CMO\2007 Council Agendas\M070226\S070226B.doc