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HomeMy WebLinkAboutItem B: Exceptions for Tailgating Around Autzen Stadium ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Exceptions for Tailgating Around Autzen Stadium Meeting Date: February 26, 2007 Agenda Item Number: B Department: Eugene Police Staff Contact: Captain Pete Kerns www.eugene-or.gov Contact Telephone Number: 682-5252 ISSUE STATEMENT This is a work session to discuss the increase in unlawful consumption of alcohol in pay-for-use parking areas around Autzen Stadium on home football game days, in violation of the Eugene City Code’s prohibition of alcohol consumption in such circumstances. BACKGROUND The City Council has requested this work session with the Eugene Police Department (EPD) to discuss the options available to address the unlawful consumption of alcohol in pay-for-use parking areas near Autzen Stadium on home football game days. In 1974, the City Council adopted Eugene Code 4.190, making it illegal to consume alcoholic beverages in unlicensed public places. Ordinance 19092 amended the Eugene Code in 1983, to permit drinking in the Autzen Stadium parking lot for four hours before and two hours after a scheduled collegiate football game. In recent years, with the expansion of the stadium and other changes to the parking area, pay-for-use- parking on private lots neighboring the stadium have increased and a corresponding growth in public drinking has occurred. A culture of tailgating that includes unlawful public drinking exists in the stadium neighborhood on home game days. The Police Department is able to assign only enough officers to the games to provide traffic control and a minimum of area patrol and stadium security. There are insufficient resources to address public drinking in areas surrounding the stadium, except for reported incidents, which have been increasing in recent years. Several of the area property owners are not-for-profit organizations that rent spaces for parking on game days to raise revenue for their organizations. These non-profit organizations have expressed concern that any changes to the current practices would result in a loss of revenue. In other cases, business and private parties benefit from pay-for-use parking arrangements. Police are occasionally dispatched to disputes and fights in the pay-for-use parking lots that are often alcohol-related. Over the years there have been a few significant incidents in and around the stadium involving alcohol, including a number of violent, alcohol-related incidents in 2005 that raised the public’s awareness and interest in addressing the issues associated with this behavior. In recognition of this increasing trend, during the 2006 football season changes were made in police tactics and the UO implemented its “Code of Conduckt” campaign. L:\CMO\2007 Council Agendas\M070226\S070226B.doc 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 Expanded Area” 2. “ - Direct staff to develop a proposed amendment to the Eugene Code to allow consumption in an expanded area neighboring Autzen Stadium. This option eliminates the question of equal enforcement. It also addresses the integrity of City Code regarding this specific ordinance. Ordinance 19092 was enacted by the council in 1983 to exempt the parking area adjacent to Autzen stadium. To broaden the area for public alcohol consumption without controls fails to address the issue of disorderly behavior. Option 2 would be inconsistent with efforts to reduce alcohol-related problem behavior in Eugene and in nearby university areas. There are no additional financial costs associated with this option and pay-for-use parking lots would be unaffected. . “Permit System” 3 - Direct the City Manager to draft an ordinance establishing requirements for private property owners or managers that must be met in order to permit drinking at pay-for-use lots. This option would be limited to pay-for-use lots in a geographically defined area on game days for four hours before and two hours after each home collegiate football game. The City Council could also choose to direct the City Manager to develop these requirements following consultation with the affected property owners, the University and the OLCC. Option 3 would place greater responsibility on owners and managers of private properties to reasonably monitor and regulate drinking and associated behavior on their properties. The City would be required to develop a process for reviewing qualifications and issuing and monitoring permits. Costs arising from the development and implementation of a permitting system could be fully or partially recovered through the fee schedule. Research would be required to determine whether the City could require the University (as a state entity) to acquire a similar permit. OLCC Licensing” 4. “ - Amend the Eugene Code to prohibit property owners and managers from permitting and allowing drinking on unlicensed premises for which they are responsible. This option would authorize the City of Eugene to issue citations to property owners or managers who fail to prohibit unlawful drinking on premises for which they are responsible. Those who wish to raise revenue through pay-for-use parking may obtain proper state licensing. Enforcement of this option would ensure a consistent application of the law throughout the City and comply with OLCC regulations. This option also places greater responsibility on property owners and managers to reasonably monitor and regulate drinking and associated behavior on their properties. Some additional City resources may be required to enforce these requirements. Repeal Autzen Stadium Parking Lot Exceptions” 5. “ - Repeal Eugene Code 4.190 (4), which provides the exemption for the state-owned parking lots immediately adjacent to Autzen Stadium. This option would make it illegal to consume alcoholic beverages and malt liquors in the parking lots of Autzen Stadium. Option 5 would ensure a consistent application of the law throughout the City and comply with OLCC regulations. The staffing limitations and resource capacity issues that restrict EPD from enforcement at the pay-for-use lots would also include the Autzen Stadium parking area. Further research would be required to determine whether the City could lawfully enforce such a restriction on properties where the State of Oregon is the property owner. L:\CMO\2007 Council Agendas\M070226\S070226B.doc CITY MANAGER’S RECOMMENDATION The City Manager recommends Option 3, which would require development of a draft ordinance establishing requirements for private property owners or managers that must be met in order to permit public drinking at pay-for-use lots near Autzen Stadium. SUGGESTED MOTION Move to direct the City Manager to draft an ordinance establishing requirements for private property owners or managers that must be met in order to permit drinking at pay-for-use lots. ATTACHMENTS A. Eugene Code 4.190 FOR MORE INFORMATION Staff Contact: Captain Pete Kerns Telephone: 541-682-5252 Staff E-Mail: pete.m.kerns@ci.eugene.or.us L:\CMO\2007 Council Agendas\M070226\S070226B.doc ATTACHMENT A L:\CMO\2007 Council Agendas\M070226\S070226B.doc