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09-663Suspension 6/17/09 Counc� File# 09-663 Green Sheet # 3071538 MINIdESOTA "��Piesenfed�Uy �- 1 WHEREAS, the Saint Paul Department of Parks and Recreation holds a wine and strong beer 2 license for Harriet Island's Wigington Pavilion ; and 3 4 WHEREAS, Section 19, Chapter 554, Minnesota Laws 1990 pursuant to Minnesota Statutes 5 1988, Chapter 654.021 allows the Department of Parks and Recreation, with City Council approval, to 6 allow an entity which contracts with the Department to use its liquor licenses; and WHEREAS, International Event Marketing, LLC has acquired the rights to host the Taste of Minnesota, an annual event at Harriet Island over the Fourth of July weekend; and 10 11 12 13 14 15 WHEREAS, Intemational Event Muketing, LLC is not a non-profit and is not able to obtain a temporary liquor license for the festival and therefore wishes to use the Deparhnent's license far the sale of wine and strong beer; and WHEREAS, Taste of Minnesota festival is an event which brings people to Saint Paul and 16 provides entertainment to citizens and visitors; now, therefore be it 17 18 RESOLVED that International Event Marketing, LLC may use the Department of Parks and 19 Recreation license to sell wine and strong beer at the Taste of Minnesota Festival to be presented on July 2, 20 2009 through July 5, 2009 at Harriet Island under the following terms and conditions. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1. Sales shall occur only during the permitted hours for alcohol sales for the days of the event. 2. That prudent care will be taken to insure that all sales are made only to persons age 21 and over. 3. That prudent care will be taken to insure that no sales are made to individuals who are or appear to be intoxicated. 4. That International Event Markering, LLC shall, at all times, comply with all Federal, State of Minnesota, and City of Saint Paul ordinances, laws, and statutes pertaining to the sale of alcoholic beverages. 5. That International Event Marketing, LLC specifically agree to defend and hold harmless the City of Saint Paul, its agents, officials, and employees from any and all liability for claims, injury, death, or property damage relating to or resulting from the sale, use, consumption, or distribution of alcoholic beverages on or about the grounds of the festival, and further agree that they will take all steps required by the State of Minnesota to ensure that all persons involved in the sale, use, or distriburion of alcoholic during the festival, have received the required State of Minnesota training for serving and distributing alcohol. Such training shall include, but not limited to, checking for proper identification before selling alcohol, not serving to minors, recognizing the signs of excessive consumption, and how to refuse to serve someone. 6. Any failure or negligence on the part of International Event Marketing, LLC to comply with any rules, regulations, or training relating to the sale, use, or distribution of 09-663 43 �4- - 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 alcoholic beverages shall be their exclusive and sole liability and in no way shall that -- - Iia6Ttybe assum�y =or unputed the �}�, o��am`f PanT.,-. - — - - -- - - ------- - - 7. That Intemational Event Marketing, LLC shall obtain and keep in force the following policies of insurance that name the City of Saint Paul, its employees, agents, and officers as additionalinsured's. a) Comprehensive general liability insurance in the amount of one million five hundred thousand dollars (� 1,500,000) each occurrence limit, and three million dollars($3,000,000) aggregate lunit. The policy sha11 include an"all services, products, and completed operations" endorsement. b) Liquor Liability insurance to include the sale and distribution of alcoholic beverages in the coverage amounts, with limits of at least one million five hundred ($1,500,000) per occurrence and three million dollars ($3,000,000) aggregate. A certificate or certificates of insurance naming the City of Saint Paul as an additional insured plus proof of payment of premiums shall be provided to a representative of the Deparhnent of Parks and Recreation by June 30, 2009. Yeas Nays Absent Bos�om ✓ Carter Harris ,/ Helgen � Lantry Stark � Thune 5 O 'v Adopted by Council: Date �p ��'a'� � �,�— Adoptigyreei[if�ed by ounc' Secretary B � Appcove y yox� Date � By: . I''� - -� � ►-�. � i i ..� '� �� �l. �r ��.i/I� I: —�� � � Approved by the Office of Financial Services By: Approved by City Attome � � a Approve � y r for�u �ssim to C a cil By: � 09-663 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet D�e�partmenUOffice(COUncil: Dzt,UNi�d: I Green c711�� �I��i�J°"� �t��Q" �- Parks and Recreation,. • _ _ - _ - Paul Prior 266-6370 Must Be on Council Agenda by (Date): Doc. Type: RESOIUTtON E-Document Required: Y Document Contact: Cindy Morrison Assign Number For Routing Order Contact Phone; 266-6398 I I Totai # of Signature Pages _(Clip All Locations for Signature) 0 T�arks and Recreation I I I 1 azks and Recreatiou De arimeut D'uector �(Z 2 iN AttOrney . 0 Signatures of Director of Parks and Recreation, City Attomey and Mayor for approval by Ciry Council of the attached resolution, allowing Intemational Even[ Markering, LLC [o use the Department of Parks and Recreation license to sell wine and strong beer at the July 2-5, 2009 Tas[e of Minnesoa Festival at Harriet Island. Recommendations Approve (A) or Reject (R): Pianning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Expiain ali yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�: The City of Saint Paul holds the strong beer and wine license for Harriet Island. International Event Marketing, LLC wishes to sell strong beer beer and wine during the 2009 Taste of MN Festival a[ Harriet Island. In[emational Event Marketing LLC is not a non- profit and is not able to obtain a temporary liquor license for the festival and therefore wishes to use the DepartmenYs license far the sale of strong beer and wine. An approval Resolution by the Saint Paul Ciry Council is necessary for International Markeqng LLC to use the Ciry's License_ Advantages If Approved: Strong beer and wine beverages will be available to those of age attending the 2009 Taste of Minnesota Festzval. DisadvanWges If Approved: none , Disadvantages If Not Approved: Loss of sirong beer and wine service to the public. Totai Amount of Transaction: Funding Source: Financiai Information: (Explain) CosURevenue Budgeted: AGtivity Number: ��� � $ �Qp9 �_ June 12, 2009 10:10 AM Page 1