HomeMy WebLinkAboutItem 3: Ordinance Concerning Consumption or Possession of Alcohol in Public
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning Consumption or Possession of Alcohol in Public
Places, and Amending Sections 4.190, 4.990, and 4.996 of the Eugene Code, 1971
Meeting Date: September 24, 2007 Agenda Item Number: 3
Department: Eugene Police Staff Contact: Captain Pete Kerns
www.eugene-or.gov Contact Telephone Number: 682-5252
ISSUE STATEMENT
This is an opportunity for the City Council to take action on the proposed amendment to the Eugene City
Code (EC 4.190) that would allow public alcohol consumption at certain properties around Autzen
Stadium on home football game days, provided they comply with certain conditions. The amended
ordinance would resolve the disparity in which a City Code exemption exists for people tailgating in the
state-owned Autzen Stadium parking lot, but not for those in neighboring, private pay-for-use lots, and
correct an enforcement dilemma in which standards are enforced throughout the city but not around
Autzen Stadium on home football game days.
BACKGROUND
On February 26 and July 23, 2007, City Council held work sessions to discuss options for addressing
tailgating activities near Autzen Stadium on University of Oregon football home game days. The
Eugene City Code currently exempts Autzen Stadium property on scheduled home football game days
from the City Code prohibition of alcohol consumption in a public place and on private property. This
City Code exemption does not extend to neighboring properties where similar activity occurs. A public
hearing was held on September 10, 2007, to discuss this issue.
Over the last decade, as the university has expanded facilities adjacent to Autzen Stadium and increased
the seating capacity of the stadium, the available parking area at Autzen has been reduced. As a result,
game day parking and the associated tailgating parties have gradually spread to private, pay-for-use
parking areas within walking distance of the stadium. Unlike the Autzen Stadium lot, these additional
parking areas do not currently receive an exemption from the City’s ordinance concerning consumption
or possession of alcohol in public places. The amended ordinance would resolve the disparity between
Autzen Stadium and neighboring, private pay-for-use lots and correct an enforcement dilemma in which
standards are enforced elsewhere throughout the city but not around Autzen Stadium on home football
game days.
Research indicated the City’s police resources are limited on game days and minimal enforcement of
alcohol violations is possible. In addition, the City does not have the capacity to significantly add to its
permitting and licensing responsibilities. Adding to these concerns is the number of not-for profit
organizations that fund programs through pay-for-use parking on game days. The proposal before City
Council relies on public information provided by property owners or operators of private lots providing
game day parking to educate the tailgating public as to the special circumstances that allow tailgating.
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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.
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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 time --
o
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 result in eviction or loss of future parking privileges.
o
Violations regarding tailgating may be reported to the City of Eugene.
o
Persons violating the law or creating a nuisance are subject to eviction and loss of parking
o
privileges pursuant to the authority of the property owner or parking lot operator.
The City Code change would apply only on home football game days for pay-for-use parking lots in the
area as depicted on the map submitted 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
privilege. 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.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that City Council adopt Option 2, above, which would change the
boundaries as depicted on Attachment B and provide for City Council action on September 24, 2007, to
amend the ordinance.
SUGGESTED MOTION
Move to amend the ordinance by substituting the phrase: "as depicted on map 4.190(4)(b) appended to
this chapter and attached as exhibit A to the ordinance amending this provision," for the phrase: "by
Coburg Road on the west, the Willamette River on the south, Interstate 5 on the east, and Intrastate 105
on the north.”
ATTACHMENTS
A. Draft ordinance revising Eugene Code 4.190
B. Map of Autzen Area
C. September 17, 2007 Memorandum to Mayor and City Council
D. August 23, 2007 Memorandum from City Attorneys
E. Suggested Motions
FOR MORE INFORMATION
Staff Contact: Captain Pete Kerns
Telephone: 541-682-5252
Staff E-Mail: pete.m.kerns@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. __________
AN ORDINANCE CONCERNING CONSUMPTION OR
POSSESSION OF ALCOHOL IN PUBLIC PLACES, AND
AMENDING SECTIONS 4.190, 4.990, AND 4.996 OF THE
EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (4) of Section 4.190 of the Eugene Code, 1971, is amended, to
provide:
4.190 Consumption or Possession in Unlicensed Public Places Prohibited
.
(4)
[Malt beverages and alcoholic liquors may be drunk or consumed in the
parking lot immediately adjacent to Autzen Stadium d] During a period
commencing four hours before the start of a scheduled collegiate football
game at Autzen Stadium and ending two hours after the game is completed[.],
malt beverages and alcoholic liquors may be drunk or consumed:
(a) In the state-owned parking lots immediately adjacent to Autzen
Stadium; and
(b) On property extended for use as a parking facility not covered by
subsection (4)(a) and located within the area bounded by Coburg
Road on the west, the Willamette River on the south, Interstate 5 on
the east, and Intrastate 105 on the north, provided the responsible
person, who may be the property owner or person with authority
over parking operations on the property, has posted signs at each
entrance to the property and distributes to each driver using the
property a handbill, containing the following language:
1. It is illegal to consume alcoholic liquor or possess an open
alcoholic beverage container in a public place or on private
property extended to the public for use;
2. An exemption is provided for the consumption of alcoholic
beverages on this property during the time period
commencing four hours before the start of a scheduled
collegiate football game at Autzen Stadium and ending two
hours after the game is completed;
3. The exemption applies only to the parking area on this
property;
4. Providing alcohol to minors and consumption of alcohol by
minors is prohibited;
5. The sale of alcohol is prohibited;
6. Disorderly conduct will not be tolerated; and
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7. Persons violating the law or creating a nuisance are subject to
eviction and loss of parking privileges pursuant to the
authority of the property owner or parking lot operator.
The type-face for the signs shall be clear and legible and use a type-
face with letters at least two inches high. The type-face for the
handbills shall be clear and legible and use at least a 12 point font.
The exemption authorized by this subsection (b) applies only to
property of responsible persons, who may be property owners or
persons with authority over parking operations on the property, who
have requested the exemption using a form developed by the City.
The request form shall require the property address where the
exemption will apply, the name of the responsible person, and the
mailing address for the responsible person. It shall be the
responsible person’s obligation to update the mailing address by
informing the City of any changes. Exemptions are not transferable.
Section 2.
The matrix in Subsection (1) of Section 4.990 of the Eugene Code, 1971, is
amended by adding the following in numerical order therein:
4.990 Penalties - Specific
.
(1)
Violation of the following sections is punishable by fine or confinement in
jail, or both, up to the amounts indicated opposite each:
Section Penalty
4.190(4)(b) See 4.996(3)
Section 3.
Subsection (3) of Section 4.996 of the Eugene Code, 1971, is renumbered
(4), and a new Subsection (3) is added thereto, to provide:
4.996 Administrative Civil Penalty
.
(3) Upon a determination by the city manager, or the manager’s
designee, that a responsible person failed to request the exemption
allowed under section 4.190(4)(b) and allowed drinking, or failed to post
the signs or distribute the handbills containing the information as
required by section 4.190(4)(b), the city manager may impose upon the
violator an administrative civil penalty. A first violation is subject to a
fine of $200. Second and subsequent violations are subject to fines of
$500. Upon the imposition of a third civil penalty to the same
responsible person within a period of 12 months from the first penalty
imposed, in addition to the civil penalty, the exemption provided under
section 4.190(4)(b) shall be revoked for a period of one year. Upon the
expiration of the one year period, the responsible person may again
make a request for the exemption as provided in section 4.190(4)(b).
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(34) In addition to enforcement mechanisms authorized elsewhere in this code,
failure to pay an administrative civil penalty imposed pursuant to this section
constitutes a violation of this code.
Section 4.
The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or in
other provisions of the Eugene Code, 1971 to the provisions added, amended or repealed
herein.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2007 ____ day of _____________, 2007
___________________________ ____________________________
City Recorder Mayor
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ATTACHMENT B
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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
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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
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included above are approximately 170 pay-for-use parking spaces operated by a not-for-profit
organization at Martin Luther King, Jr. Boulevard and Garden Way, where public drinking was also
allowed. These two sites are not included in the proposed exemption area as identified on Map C.
The private parking lots operated by individuals on unincorporated islands on Garden Way were not
included in this survey.
Driving Under the Influence (DUI) Arrest Statistics.
The number of officers assigned to DUI enforcement for the Eugene Police Department (EPD) is limited
by staffing levels. State DUI grants provide additional funds used to supplement staffing for regular
DUI enforcement. This year, utilizing state DUI grants, the Oregon State Police (OSP), EPD and the
Lane County Sheriff’s Office (LCSO) are working together on saturation patrols following home
football games. Due to varying levels of staffing directed at DUI enforcement, it must be remembered
when reviewing arrest data that the increased numbers of DUI arrests are linked to increased
enforcement rather than to simply an increase of illegal activities.
The following data was prepared for a quick comparison. A more in-depth analysis will require some
time to prepare so that variables such as the dates of home games and enhanced DUI enforcement levels
can be factored into the analysis. To look at the overall comparison of DUI arrests in an area near
Autzen Stadium, the geographical area of Coburg Road on the west, Franklin Boulevard on the south,
Interstate 5 on the east, and Martin Luther King, Jr. Boulevard on the north was selected to compare
three years of DUI arrests on Saturdays and Sundays over two selected time periods: September –
November and March – May of each of the three years.
COMPARISON OF DUI ARRESTS BY EPD IN SELECTED AREA
2004 - 2006
Sept.-Mar. – May Sept.-Mar. – May Sept.-Mar. – May
Nov. 2006 Nov. 2005 Nov. 2004
2006 20052004
Saturdays 12 3 5 3 6 5
Sundays 3 5 8 0 1 2
CITYWIDE
SATURDAY* 64 55 61 55 52 60
COMPARISON
Note: * Total citywide DUI arrests include Saturday data listed for the selected area.
To illustrate the fluctuations in arrest data, statistics for Sundays and another three month period (March
– May) were added to the table. As mentioned above, this is a quick snapshot and a true analysis would
require data from more than three years and should account for all identifiable variables.
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ATTACHMENT D
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ATTACHMENT E
SUGGESTED COUNCIL OPTIONS AND MOTIONS
Council Option #1:
Adopt the ordinance
SUGGESTED MOTION:
“Move to adopt the ordinance.”
Council Option #2:
Adopt the ordinance but change the boundaries for the exemption area.
SUGGESTED MOTION:
“Move to adopt the ordinance.” After the main motion is made:
“Move to amend the ordinance by substituting the phrase: ‘as depicted on the map 4.190(4)(b)
appended to this chapter and attached to the ordinance amending this provision,’ for the phrase:
‘by Coburg Road on the west, the Willamette River on the south, Interstate 5 on the east, and
Interstate 105 on the north.’”
Council Option #3:
Adopt the ordinance but change the exemption time period to end at the end of the
football game.
SUGGESTED MOTION:
“Move to amend Section 1 of the ordinance by substituting the word
‘when’ for the phrase ‘two hours after’”.
Council Option #4:
Adopt the ordinance but change the exemption time period to end one hour after
the end of the football game.
SUGGESTED MOTION:
“Move to amend Section 1 of the ordinance by substituting the
phrase ‘one hour’ for the phrase ‘two hours’ in the phrase ‘and ending two hours after the game
is completed.’”
Council Option #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.
SUGGESTED MOTION:
“Move to amend the ordinance by deleting Sections 1, 2, and 3 of
the ordinance and replacing them with a section that provides ‘Subsection 4 of Section 4.190 is
hereby repealed.’”
Council Option #6.
Take no action at this time.
No motion necessary.
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