[2023-8 Code Amend 957.01 Alcoholic Beverages Concert in the Park.pdf]
CITY OF NORTH OLMSTED
ORDINANCE NO. 2023 - 8
BY:
Mayor Jones
AN ORDINANCE AMENDING AND RESTATING SECTION 957.01 OF
CHAPTER 957 (ALCOHOLIC BEVERAGES ON PUBLIC GROUNDS) OF
THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED IN
ORDER TO PERMIT BEER AND WINE TO BE SOLD AND CONSUMED
AT THE “SATURDAY IN THE PARK CONCERT SERIES,” AND
DECLARING AN EMERGENCY.
WHEREAS, in Ordinance 2011-33 the Council lifted the prohibition of the sale and
consumption of alcoholic beverages at the Community Cabin, based in part upon the successful
extension of similar events of limited duration at the North Olmsted Park, such as Labor Day and
Homecoming Festival; and
WHEREAS, in Ordinance 2013-20 the Council extended the exceptions to the
prohibition of the sale and consumption of alcoholic beverages on public grounds, based in part
upon the successful extension of similar events of limited duration, and to allow for similar
events at Barton Bradley Park, such as the Gaelic Games Festival; and
WHEREAS, in Ordinance 2016-78, the Council extended the permitted sales to include
wine and removed obsolete references to past permitted events; and
WHEREAS, in Ordinance 2018-51, the Council extended the permitted sales of alcoholic
beverages to include The North Olmsted Party in the Park held in July as a one-time event; and
WHEREAS, in Ordinance 2019-48, the Council extended and permitted sales to be at the
North Olmsted Party in the Park as an annual event.
WHEREAS, it is the desire of Council to extend and permit sales of alcoholic beverages
at the Saturday in the Park Concert Series at North Olmsted Community Park.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO:
SECTION 1: That Section 957.01 of Chapter 957 (Alcoholic Beverages on Public
Grounds) of the Codified Ordinances, which currently reads as follows be amended and, as
amended, shall read in its entirety with additional language in boldface type and removed
language stricken:
957.01 PERMITTED CIRCUMSTANCES.
The possession, use, sale and consumption of alcoholic beverages shall be permitted despite
the provisions of Section 529.09 prohibiting such sale and consumption, only under the
following specific circumstances.
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(a) Springvale. The prohibition of possession, use, sale or consumption of alcoholic beverages
in public buildings or on public grounds shall not apply to the municipally owned golf course,
clubhouse and ballroom facilities at Springvale.
(b) Senior Center. The prohibition of possession, use or consumption of alcoholic
beverages in public buildings or on public grounds shall not apply to the municipally owned
senior center.
(c) Homecoming and other Festivals. The prohibition of possession, use, sale or consumption
of alcoholic beverages at North Olmsted Park shall not apply during the hours of operation for
the North Olmsted Party in the Park, as such event may be scheduled annually by the North
Olmsted Arts Commission, and North Olmsted Homecoming, as such hours are established by
the North Olmsted Community Council, traditionally a four (4) day festival from Thursday
through Sunday the weekend prior to Labor Day weekend. The use, sale and consumption of
alcoholic beverages as authorized herein is limited to the use, sale and consumption of beer and
wine only, within a single enclosed area, which may include a tent, subject to compliance with
all applicable state laws and the licensing authority of the Mayor or his or her designee. The
permit process set forth in subsection (d) shall apply to this section.
(d) Community Cabin. The prohibition of possession, use, sale or consumption of alcoholic
beverages in public buildings or on public grounds shall not apply to any individual or
organization who first requests and obtains a permit from the Mayor or his or her designee to
possess, use, sell or consume alcoholic beverages within the North Olmsted Community Cabin at
North Olmsted Park, as follows:
(1) A permit application shall be established by the Mayor or his or her designee and,
together with proper photographic identification, shall require the following non-exclusive
information from the Applicant: the name, date of birth, address, and telephone number of the
Applicant, the event to be hosted, the type of alcoholic beverages to be possessed, used, sold or
consumed, the anticipated number of guests, whether minors will be in attendance, and the date
and time of the event at which alcoholic beverages may be possessed, used, sold or consumed in
the North Olmsted Community Cabin.
(2) The Mayor or his or her designee is authorized and shall establish such rules and
regulations as he deems necessary to preserve the public health, safety and welfare. This
includes, but is not limited to, restrictions on hours of operation, restrictions on type of alcoholic
beverage to be sold, restrictions on age of admission and security requirements. The fee for such
permit shall be fifty dollars ($50.00).
(3) All persons receiving a permit pursuant to this section shall, in addition to the rules and
regulations of the Mayor or his or her designee, comply with all rules, regulations, statutes and
ordinances of the State of Ohio and City of North Olmsted as they pertain to the possession, sale,
use and/or consumption of alcoholic beverages within the State of Ohio.
(4) All open container alcoholic beverages possessed, used, sold or consumed at the North
Olmsted Community Cabin pursuant to a permit issued by the Mayor or his or her designee
must be consumed within the Community Cabin itself. No open container alcoholic beverage
shall be permitted to be consumed or possessed outside of the North Olmsted Community Cabin
or in North Olmsted Park.
(e) Saturday in the Park Concert Series. The prohibition of possession, use or
consumption of alcoholic beverages in public buildings or on public grounds shall not apply
during the published hours of an annual event sponsored by the City of North Olmsted at
North Olmsted Park and known as the Saturday in the Park Concert Series.
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SECTION 2: That any ordinance, or part of ordinance, in conflict or inconsistent with
this Ordinance, is, to the extent of any such conflict or inconsistency, repealed. Conflicting or
inconsistent provisions of any Ordinance shall be corrected at re-codification.
SECTION 3: That this Ordinance is hereby declared to be an emergency measure
immediately necessary for the preservation of the public health, safety and welfare, and for the
further reason that adequate time is required to apply for alcohol permits and schedule
organizations to administer sales, and further provided it receives the affirmative vote of two-
thirds of all members of Council, it shall take effect and be in force immediately upon its passage
and approval by the Mayor.
PASSED: ________________________
First Reading: _______________
Second Reading: _______________
Third Reading: _______________
Committee: __________________
ATTEST:
_____________________________
__________________________
BEATRICE TAYLOR
LOUIS J. BROSSARD
Clerk of Council
President of Council
APPROVED: _____________________
APPROVED AS TO LEGAL FORM:
_______________________________
/s/ Michael R. Gareau, Jr._________
MAYOR NICOLE DAILEY JONES
MICHAEL R. GAREAU, JR.
Director of Law