Item C: Exceptions for Tailgating Around Autzen Stadium

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RELATED CITY POLICIES Eugene Code (EC 4.190) currently prohibits public consumption of alcohol on a number of properties on which it now occurs on home game days. Equal application of the law or a change in code would ensure that the City maintains the integrity of its code. COUNCIL OPTIONS Following the work session, the City Council may: 1.Direct staff to schedule a public hearing on the proposed ordinance. 2.Direct staff to amend the proposed ordinance. 3.Take no action at this time. An amendment to the existing ordinance 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. The expanded exemption is similar to that presently granted to the University of Oregon for the Autzen parking lot. 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. The amended ordinance would require pay-for-use parking lot operators to post signs and distribute handbills to individuals and groups using their facility to clearly communicate: Consumption of alcoholic beverages is allowed on the property only during the following o time -- four hours before the start of the game and up to two hours following the end of the game. Providing alcohol to minors and consumption of alcohol by minors is prohibited. o The sale of alcohol is prohibited. o Disorderly behavior is not tolerated. o Violations regarding tailgating may be reported to the City of Eugene. o The code change would apply only on home football game days to pay-for-use parking lots in the area bordered by Coburg Road on the west, Willamette River on the south, Interstate 5 on the east and Intrastate 105 on the north. A map of the area is provided as Attachment B. Documented violations would result in fines and, after the third violation in a 12-month period, the property would lose the tailgating exception. For the following 12 months after the third violation, the property would be subject to the City’s normal public consumption regulations, making it illegal for anyone to consume alcohol on the property unless exempted by another provision of the code. Investigation of complaints and enforcement of new standards would be handled by the Planning and Development Department. Eugene Police would retain responsibility for enforcing local and state laws for disorderly conduct, minor in possession and illegal alcohol sales. The earliest a public hearing on a proposed ordinance could be held would be September 17, 2007. If adoption of the ordinance were to occur later in September, new standards could be in place through an emergency rule in October. The first home football game this season is set for September 1; the final home game is set for December 1. CITY MANAGER’S RECOMMENDATION The City Manager recommends the amendment to the ordinance as outlined above. L:\CMO\2007 Council Agendas\M070723\S070723C.doc