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Code of Ordinances Amendment - Title 10 Intoxicating Beverages in the Port of DubuqueMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City 1 2007 • 2012 • 2013 SUBJECT: Parks and Recreation Ordinance - Recommendation to Add Port of Dubuque Marina as an Exemption to the Intoxicating Beverages Section 10-5B-2 DATE: July 8, 2013 Leisure Services Manager Marie Ware and the Park and Recreation Commission recommend an ordinance amendment adding the Port of Dubuque Marina to the list of places that allow the possession, consumption or use of alcoholic wine, beer or other intoxicating beverages. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager DATE: July 5, 2013 SUBJECT: Parks and Recreation Ordinance - Recommendation to Add Port of Dubuque Marina as an Exemption to the Intoxicating Beverages Section 10 -5B -2 INTROD UCTION The purpose of this memorandum is to recommend an ordinance amendment adding the Port of Dubuque Marina to exemptions that would allow the possession, consumption or use of alcoholic wine, beer or other intoxicating beverages at the Port of Dubuque Marina. DISCUSSION The Port of Dubuque Marina opened June 1,2013. The current ordinance needs to be updated to add the Marina to the list of places alcohol would be allowed. This is Ordinance 10- 5B -2:B. The Park and Recreation Commission at their June 25th meeting approved recommending the attached ordinance by a vote of 6-1 in favor. RECOMMENDATION The Park and Recreation Commission recommends adding the Port of Dubuque Marina to the list of places alcohol is allowed as shown in the attached ordinance amendment. Prepared by: MLW et cc: Crenna Brumwell, Legal Barry Lindahl, Legal Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 41 -13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTION 10 -5B -2 INTOXICATING BEVERAGES BY ADDING THE PORT OF DUBUQUE MARINA AS AN EXEMPTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10 -5B -2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10 -5B -2: INTOXICATING BEVERAGES: B. Exemptions: 1. Locations Exempt: Subsection A2 of this section shall not apply to the possession, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating beverages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued; b. American Trust River's Edge Plaza events for which a special events permit has been issued; c. A.Y. McDonald Park; d. Bunker Hill Golf Course; e. Eagle Point Park; f. Flora Park; g. Four Mounds Park as approved by the Four Mounds Foundation; h. John G. Bergfeld Recreation Area; i. Marshall Park as approved by the Dubuque Arboretum Association, Inc.; j. McAleece Park and Recreation Complex; k. Miller Riverview Park; • I. Mississippi Riverwalk events for which a special events permit has been issued; m. Murphy Park; n. Port of Dubuque Marina; o. Veterans Park; and p. Any other park with the prior written approval of the city manager. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 15th day of July, 2013. fi Roy D. BuoI ayor Attest: B. Exemptions: 1. Locations Exempt: Subsection A2 of this section shall not apply to the possession, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating beverages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued; b. American Trust River's Edge Plaza events for which a special events permit has been issued; c. A.Y. McDonald Park; d. Bunker Hill Golf Course; e. Eagle Point Park; f. Flora Park; g. Four Mounds Park as approved by the Four Mounds Foundation; h. John G. Bergfeld Recreation Area; Marshall Park as approved by the Dubuque Arboretum Association, Inc.; 1. McAleece Park and Recreation Complex; k. Miller Riverview Park; Mississippi Riverwalk events for which a special events permit has been issued; m. Murphy Park; n. Port of Dubuque Marina;Vetera.ns Park; and o. Veterans Park; andAny other park with the prior written approval of the city manager. Any other park with the prior written approval of the city manager. OFFICIAL • PUBLICATION ORDINANCE NO. 41-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES . TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECRE- ATION, ARTICLE B I USE REGULATIONS, SECTION 10-5B72 -IN- TOXICATING ` BEVER= , AGES BY ADDING THE PORT OF DUBUQUE MARINA AS AN EX- EMPTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- IWA: Section 1 section 10 5B -2 of the City of Du- buque Code of Ordi- nances is amended to read as follows: 10 -50 -2: INTOXICAT- ING BEVERAGES: Bt ExetrifftIQ"ns:= 1. Locatibns Exempt: Subsection A2. of this section shall not apply to the posfession, con - sumption, ,or use of al- coholic liquors, wine, beer, or other intoxi- cating beverages at: a. Alliant Energy Am- phitheater events for which a special events permit has been Is- sued; b. American Trust Riv- er's Edge Plaza events for which a special events permit has been Issued; c. A.Y. McDonald Park; d. Bunker Hill Golf Course; e. Eagle Point Park ;' I • f. Flora Park; g. Four Mounds Park 1 as approved by the Four .Mounds Founda- tion, h. John G: Bergfeld Recreation Area; I. Marshall Park as ap- proved by the Dubuque Arboretum Association, Inc.; J. McAleece Park and Recreation Complex; k. Miller Riverview Park; • I. Mississippi River - walk events for which a special events permit I has been issued; m. Murphy Park; n. Port of Dubuque Marina; o. Veterans Park; and p. Any otherpark with the prior written ap- proval of the city man- ager. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 15th day of July, 2013. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of July, 2013. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 7/19 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 19, 2013, and for which the charge is $21.07. Subscribed to before m-- .otary Public in and for Dubuque County, Iowa, , 20 /3 . this -ti/2.4.41 day of // y Public in and for Dubuque o nty, Iowa. MARY K. WESTERMEYER Commission Number 154985 elm; E • E A?1t