CC Resolution No. 2593RESOLUTION NO. 2593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING A SPECIAL EVENTS ALCOHOL POLICY FOR CITY
FACILITIES AND PARKS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, the City Council of the City of Baytown desires to attract special events to its
corporate limits; and
WHEREAS, the City Council directed staff to develop an alcohol policy for use at special events
held on any City -owned property; and
WHEREAS, the Parks and Recreation Advisory Board (the "Board") at several meetings
discussed such a policy; and
WHEREAS, the Board recommended that a special events alcohol policy be adopted for the use
of City -owned properties that are not in close proximity to playgrounds, spray parks, and other areas
designated for children; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby establishes the special events alcohol policy for
those special events to be held on City -owned property that are not in close proximity to playgrounds,
spray parks, and other areas designated for children. Such policy is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 27°i day of June, 2019.
BRANDON CAPETILLO, May r
A ST:
3'TICI"TICIA &BRISCH, Cit erk
APPROVED AS TO FORM:
��
ACIO RAMIREZ, SR., City tto ey
R:,.Karen Files .City Council Resolutions\2019Uune 27 Spec ialEventsAlcoholPolice.docx
Exhibit "A"
FiRKSand
RECREATION Special Event Alcohol Application
Event Name:
*Event Location:
❑ Town Square ❑ Umbrella Alley ❑ The Brunson VAC ❑ Wayne Gray Sports Complex
213 W. Texas Ave. 124 W. Texas Ave. 311 W. Texas Ave. 5117 N. Main St
❑ Baytown Nature Center ❑ Russell Park ❑ Wetlands Center ❑ Evergreen Park
6213 Bayway Dr. 6450 Waltisville Rd. 1724 Market St 1530 Evergreen Rd
❑ Art League of Baytown ❑ Baytown Historical Museum *Alcohol maybe sold or consumed with proper
110 W. Texas Ave. 220 W. Defee St permits at listed locations only.
Event Dates)
Start Date
End Date:
Event Hours:
Start Time:
End Time:
Including setup and cleanup)
Time that alcohol
Start Time.
End Time:
*U niformed Baytown Police must be in attendance anytime alcohol is being served
will be consumed*
or consumed
Event Set Up:
All event reservations require an acceptable event layout diagram with designated alcohol areas
and all requested City of Baytown equipment Blank site layouts are available upon request
Applicant Name/Authorized Agent:
Organization/Business Name:
Organization Type: ❑ For Profit ❑Nonprofit Tax ID #:
PrimaryContact
Primary Contact Phone: Cell Phone:
Email: Driver's License / ID #:
Event Day On -site Contact: Cell Phone:
Non -Refundable Special Event Application Fee:
An application is not considered complete unless all applicable questions have been answered, all attachments are included, and any documentation
required by the Director of Parks and Recreation is submilthd. Submission of Special Event Application does not guarantee event approval.
Applications must be submitted to:
City of Baytown
Parks and Recreation Department
2401 Market Street
Baytown, TX 77520
The Parks and Recreation Department accepts Applications between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exceptfor City -
observed holidays. Contact us at281-420-6597.
ToldAtDendees Expected:
Total Number of StaNVolunteers:
Event Type/Size:
El Public Event ❑ Private Event
Briefly describe the event
Event Scope:
Entertainment:
❑ Amplified Sound/PA System ❑ Inflatables* ❑ Performers/Band
*See policy and requirements for use of inflatables attached. Include contact information and evidence that vendor is certified.
Name:
Mobile Phone:
Event Cleanup:
Please check all that apply:
❑ Sale of Food/Beverages* ❑ Distribution of Food/Beverages*
❑ Sale of Alcoholic Beverages* ❑ Distribution of Alcoholic
Beverages*
*PLEASE NOTE: Insurance and additional TABC and/or City of Baytown Permitting will apply.
If food/beverages will be sold or distributed, please provide the following information concerning the person distributing or selling food/beverage:
Name:
Food/Beverages:
Address:
City, State, Zip:
Phone Number:
Email Address:
TABC Permit No.
(Attach Permit):
Attach Insurance
Certificate:
— (Initial): By initialing here, the applicantlaulhor¢ed agent understands that he/she is required to obtain a
CGL
commercial general liability insurance policy with the following minimum limits if the special event involves the sale,
(Commercial General
distribution, or allowance of alcohol:
➢ General Aggregate: $1,000,000
Liability Insurance)
➢ Minimum $500,000 per occurrence
➢ Products and Completed Operations: $500,000
➢ Fire Legal liability: $50,000
Liquor Legal
Liability/
— (Initial): By initialing here, the applicantlauthor¢ed agent understands that he/she is required to obtain a liquor
Host Liquor
legal liability/host liquor liability insurance policy in an amount not less than $1,000,000 aggregate if the special event
involves the sale, distribution, or allowance of alcohol.
Liability Policy
CGL
— (Initial): By initialing here, the applicantlaufhor¢ed agent understands he/she must provide a general commercial
Insurance:
(Inflatables)
liability insurance insuring the owner/operator against liability arising out of the use of the inflatable amusement
ride/device in an amount of not less than $1,000,000 per occurrence.
_ (Initial): By initialing here, the applicantlaulhor¢ed agent understands the following:
➢ The insurance coverages required by this policy are required minimums and are not intended to limit the
responsibility or liability of the Applicant Such coverages shall be in full force and effect at all times during the
special event
Requirements
➢ The following shall be applicable to all policies submitted concerning alcoholic beverages, which policies shall be
Applicable to
considered primary with respect to the permitted special event:
All Insurance
➢ Certificate shall be provided 10 working days prior to the event
➢ A.M. Best Rating ofA-NIII.
➢ CGL Coverage shall be broad form.
➢ Waiver of Subrogation in favor of the City of Baytown is required.
➢ City of Baytown, its officers, agents and employees shall be listed as an additional insured.
➢ 30-day notice of cancellation.
➢ Claims -made policies will not be accepted.
Applicants Initials
➢ No coverage exclusions shall be deleted from standard policy without notification of individual exclusions
being attached for review and acceptance.
➢ The City reserves the right to review the insurance requirements set forth herein and to make reasonable
adjustinents to insurance coverage, limits and exclusions when deemed necessary and prudent by the City based
upon changes in statutory law, court decisions, and the claims history or financial condition of the insurance
company and/or the requestor.
(Initial): By initialing here, the applicantlaulhor¢ed agent understands the following:
THE APPLICANT, BY THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF
USE OF A CITY OF BAYTOWN PROPERTY, AGREES TO RELEASE, HOLD
HARMLESS, INDEMNIFY AND DISCHARGE THE CITY OF BAYTOWN, ITS
OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS
PARAGRAPH AS THE "CITY") FROM AND AGAINST ALL CLAIMS, DEMANDS,
CAUSES OF ACTIONS OF EVERY KIND AND CHARACTER, INCLUDING THE COST
OF DEFENSE THEREOF FOR ANY DAMAGES OR LOSS THAT IS CAUSED OR
ALLEGED TO BE CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH ANY
SUCH RESERVATION RESULTING FROM THIS APPLICATION, THE ANY CITY OF
BAYTOWN BUILDING, AND/OR THE SPECIAL EVENT HELD ON CITY PROPERTY,
Indemnification
REGARDLESS OF THE NEGLIGENCE OF THE CITY. IT IS THE EXPRESS
INTENTION OF THE PARTIES HERETO, BOTH THE APPLICANT AND THE CITY,
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
APPLICANT TO INDEMNIFY AND PROTECT THE CITY FROM THE
CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH
OR DAMAGE.
In the event that any action or proceeding is brought against the City by reason of any of the above,
Applicant further agrees and covenants to defend the action or proceeding by legal counsel
acceptable to the City. The indemnity provision contained in this article shall survive expiration or
earlier termination of the Applicants reservation agreement
Event Security
(Initial): By initialing here, the applicant/authorized agent agrees to provide the number of uniformed certified peace officers required by the
Director of Parks and Recreation and pay the officers at their overtime rate of $50.00 per hour.
My signature below indicates that I have read and understand the Rental Policy, the Continuous Air Flow Inflatable Policy, and Alcohol
Policy. I agree that I accept and will adhere to the conditions of such policies and any resulting permit and assume responsibility for
informing my patrons, guests, licensees, and invitees concerning this matter.
Signature of Applicant Date
Applicant's Initials
Special Event Rental Items*
Please indicate the amount of items needed for your event. Items requested on the day of event will be double the rental cost. If a
personal item being used is not up to "Cityof Baytown" standards a staff member will replace at"Day of Event' price
Rental Item
Maximum
Amount
Cost per unit
Amount
needed
Total
Per Unit Replacement cost
PA System
(with microphone)
2
Speakers
$150.00 / hr.
$500.00 per speaker
20 x 30 Tent
(w/anchors)
3
$350 per event
$3,500.00
10 x 10 pop up tent
w/anchors
4
$20.00 per event
$100.00
Table (8)
10
$10.00 each
$50.00 each
Chairs
80
$2.00 each
$20.00 each
Extension Cord (26)
2
$25.00 each
$75.00
Trash Barrels
10
$10.00 each
$25.00
Event Barricade
30
$10.00 each
$100.00
Line Stanchions
20
$10.00 / post
$50.00
Hand Washing Station
2
$75.00
$150.00
Wheelchair Port -a -Can
NA
$150.00
$500.00
Port -a -Can
NA
$75.00
$250.00
# BPD Officers
NA
$50.00
Per Hour / Per Officer
Rental Items Total
Alcohol Permit
$50.00
Applicant's Initials
Total
SPECIAL EVENT RENTAL POLICY
Proof of insurance policies and TABC permits are due two weeks prior to rental date. If these are not submitted
timely, then the deposit will be forfeited and the Parks and Recreation Department may rebook the property/
facility without any further obligation to the person or organization that reserved the property/facility. If the
reservation is made less than two weeks prior to the rental date, the following must be submitted within 24 hours
of the reservation: (i) the Reservation and Damage Deposit (in cash), (ii) all rental fees (in cash), (iii) insurance
certificates and (iv) TABC permits.
2. Any individual or organization hosting an event or function in a City of Baytown facility that is "Open to the Public"
is required to obtain Commercial General Liability insurance in the amount of $1,000,000 for each occurrence.
The insurance shall list the City of Baytown, its officers, agents and employees as additional insureds and shall
include a waiver of subrogation in favor of the City. See below for additional insurance required for inflatables
and for alcoholic beverages to be served.
3. From time to time, and possibly without advance notice, it may be necessary to cancel or postpone and
reschedule reservations. Also, it may be necessary to move, sometimes without advance notice, reservations
to a different room or facility. However should, for any reason, the City be unable to relocate an event, the City
and the Applicant understand and agree that the event shall be cancelled or rescheduled without any liability to
the City. If the event is cancelled, the City shall give a full refund to the Applicant. The City will, nevertheless,
endeavor to honor reservations made in compliance with this policy.
IN THE EVENT OF ANY SUCH CHANGE OR CANCELLATION, THE APPLICANT, BY THE
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS POLICY, AGREES TO RELEASE,
HOLD HARMLESS, INDEMNIFY AND DISCHARGE THE CITY OF BAYTOWN, ITS OFFICERS,
AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS THE
"CITY") FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS OF EVERY
KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREFOF FOR ANY
DAMAGES OR LOSS THAT IS CAUSED OR ALLEGED TO BE CAUSED BY, ARISING OUT OF
OR IN CONNECTION WITH SUCH CHANGE OR CANCELLATION, REGARDLESS OF THE
NEGLIGENCE OF THE CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO,
BOTH THE APPLICANT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY APPLICANT TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF THE CITYS OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR
DAMAGE.
In the event that any action or proceeding is brought against the City by reason of any of the above, Applicant
further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. The
indemnity provision contained in this article shall survive expiration or earlier termination of the Applicant's
reservation agreement
Applicant, by the acceptance of the City of Baytown property reservation, assumes all liability and responsibility
for injuries, claims, or suits for damages to person or property, of whatever kind or character, whether real or
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Applicants Initials
asserted, occurring throughout the term of the reservation, commencing from the reservation of the clubhouse,
arising out of or by reason of the reservation and/or use of the facilities.
5. The Director, in his/her sole discretion, shall determine the number of peace officers required for each event All
security officers must be City of Baytown Police Officers, unless otherwise approved by the Director. Generally,
one security officer shall be required for each 100 guests for a minimum of three hours per event
Reservations will require the Security Deposit be paid in full paid two weeks prior to the special event. In the
event that security services are cancelled less than 3 working days in advance with the Parks and Recreation
Office, the deposit will be forfeited by the Applicant and given to the scheduled security officer(s). If the
reservation required more than one security officer, the reservation and damage deposit may also be forfeited to
cover the cost of the scheduled officers. The Applicant agrees to pay $50.00 per hour per security officer(s).
Security officers are to be paid by money order two weeks prior to the event If the payment for security services
is not paid two week prior to the event, the permit for the event shall be considered null and void, and the event
shall be automatically cancelled and all advanced payments for the event will be forfeited. If the event runs over
the allotted time, the Applicant shall be obligated to pay the security officers for additional time at a rate of $50.00
per hour.
The above paragraph shall not prohibit the Applicant from hiring security officers or additional security officers
when the same is not required by the Director. Applicant understands and agrees that the Applicant shall be
solely responsible for the event and the safety of Applicant and all Applicants' guests.
6. All reservations must be confirmed with a signed permit by the Parks and Recreation Department representative
and the Applicant
7. No glass containers may be sold at outdoor events.
Cancel I at ons/Refunds
1. Cancellations must be made in writing and received by the Parks and Recreation Office at least twn (2) weeks
prior to the reservation date in order to receive a full refund of rental fees and deposit If a cancellation is not
received two weeks in advance, the amount equal to the rental fees and any security deposit will be forfeited
from the fees paid. The Parks and Recreation Department will refund any remaining balance.
2. The Parks and Recreation Department will promptly deposit all monies received from Applicants. The Parks and
Recreation Department will not hold money, delay in depositing checks, or accept any postdated checks.
3. Refunds of an Applicants deposit will be issued after the event if the facility is cleaned and left in the same or
better condition as it was prior to the event, as determined in the sole discretion of the Director. Refunds take
approximately 10 working days to process and mail. All refunds will be made payable to and mailed to the
Applicant at the address noted on the reservation permit.
4. At no time shall an Applicant sublease or assign its reservation to another person, group or organization. No
Applicant shall change or rotate the Applicants designated hours with another renting party without doing so
through the Parks and Recreation Department
Event Clean Up:
1. All decorative items must be removed from City of Baytown property at the conclusion of the event.
2. Applicant must pick up all trash and/or garbage from the event area. Trash and/or garbage is to be placed in
plastic bags and tied and placed in the provided trash receptacles. Applicant must provide the necessary
plastic bags for Applicants event.
3. Tables, chairs, and other rental items are to be wiped off with damp cloth.
4. Restrooms shall be left in a clean and fully operational condition.
Applicant's failure to properly clean the event site at the end of rental may result in loss of all or part of Applicant's reservation and damage depos#.
LIVE OUTDOOR EVENT PERMIT/TEMPORARY FOOD VENDOR PERMIT
Live outdoor performances, exhibitions, carnivals, or circuses must obtain a Live Outdoor Exhibition Permit from the City of Baytown Health Department,
located at 220 W. Defee. Applicants may be subjectto an application fee of$100.00 and $100.00 per day in accordance with Section 42-286 of the Code
of Ordinances, Baytown, Texas, along with inspections by the Fire, Inspection, and Health Departments. Permit must be obtained within two (2) business
6
Applicants Initials
days prior b the date of the event, and a copy of the permit must be on site throughout the entire function. All food vendors must obtain a Temporary
Health Permittom the Health Departmentwithin two (2) business days prior to the date of the event
Applicant's Initials
CONTINUOUS AIR FLOW INFLATABLES POLICY
In accordance with the Texas Department of Insurance (TDI) for the Amusement Ride Inspection and Insurance Act,
Occupations Code Chapter 2151, modified insurance requirements for continuous air -flow inflatable amusement devices,
will be enforced. The Texas legislature (TX82RHB 3570) states that operators of Class B continuous air -flow inflatables
must file with TDI a combined single limit insurance policy insuring the owner/operator against liability arising out of the
use of the inflatable amusement ride/device in an amount of not less than $1,000,000 per occurrence. The continuous air
flow devices include but are not limited to inflatable moonwalks, slides, etc.
To legally operate in Texas, the inflatable vendor must file with TDI an insurance policy with certain minimum limits for
bodily injury for persons using the ride and an annual amusement ride safety inspection certificate. The inspection is
performed by an approved inspector of the insurance company. Rides meeting the requirements will be issued a TDI
Amusement Ride Compliance Sticker (similar to an automobile safety inspection sticker), which will indicate the expiration
date of the inspection certificate. The sticker must be affixed to a major component of each ride in a location visible to the
ride participants.
In an effort to regulate the use of "Continuous Air Flow Inflatables" in City of Baytown, a Special Use Permit must be
acquired, and the following must be adhered to:
• Complete the Special Use Permit, and have it signed by the Director of Parks and Recreation, or designee.
• Provide a copy of the inflatable vendor's current inspection certificate by TDI. The inspection certificate and the
required insurance policy to that names the City of Baytown, its officers, agents and employees as an additional
insured.
• The inflatable vendor must have their company name on the TDI website as an approved vendor for inflatable
rides. (http://www.tdi.texas.gov/commercial/indexamusementhtml)
• Inflatable vendor's contact information must be provided on the permit application.
• A photo of the specific piece of inflatable being used must be submitted with the application.
Inflatables will only be allowed in designated areas in a park, and may not impede the use of the park and its amenities
by the Public. Inflatables are not allowed inside the clubhouse. An Inflatable requiring the use of water will not be allowed
in Parks. Inflatable equipment must be of commercial quality. Vendor must provide its own generator as a source of
electricity. Vendor may not drive vehicles inside the Park area to set-up or take -down an Inflatable.
Applicads Initials
ALCOHOL POLICY
The following shall be required for Special Events if the event involves the sale, distribution, or consumption of alcoholic
beverages:
Sale or Distribution of Alcoholic Beverages at Special Events
Security
One security officer shall be required for each 100
TABC Licensing
Permits subject to valid TABC license, as applicable.
Liquor Legal Liability
or
$1,000,000 of coverage
Host Liquor Liability Policy
➢ General Aggregate: $1,000,000
Commercial General Liability
➢ Minimum $500,000 per occurrence
➢ Products and Completed Operations: $500,000
➢ Fire Legal Liability: $50,000
TABC Permit I
Required to sell/distribute alcohol on City property
The insurance coverages required by this policy are required minimums and are not intended to limit the responsibility or
liability of the Applicant. Such coverages shall be in full force and effect at all times during the special event
The following shall be applicable to all policies submitted concerning alcoholic beverages, which policies shall be
considered primary with respect to the permitted special event:
➢ Certificate shall be provided 10 working days prior to the event
➢ A.M. Best Rating ofA-/VIII.
➢ CGL Coverage shall be broad form.
➢ Waiver of Subrogation in favor of the City of Baytown is required.
➢ City of Baytown, its officers, agents and employees shall be listed as an additional insured.
➢ 30-day notice of cancellation.
➢ Claims -made policies will not be accepted.
➢ No coverage exclusions shall be deleted from standard policy without notification of individual exclusions being
attached for review and acceptance.
The City reserves the right to review the insurance requirements set forth herein and to make reasonable adjustments to insurance coverage, limits and
exclusions when deemed necessary and prudent by the City based upon changes in statutory law, courtdecisions, and the claims history or financial
condition of the insurance company and/or the requestor.
THE APPLICANT, BY THE ACCEPTANCE OF ANY SPECIAL EVENT PERMIT ISSUED BY THE CITY, AGREES TO RELEASE, HOLD
HARMLESS, INDEMNIFY AND DISCHARGE THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY
REFERRED TO IN THIS PARAGRAPH AS THE "CITY") FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION OF EVERY KIND
AND CHARACTER, INCLUDING THE COST OF DEFENSE THEREFOF, FOR ANY DAMAGES OR LOSS THAT IS CAUSED OR ALLEGED TO BE
CAUSED BY, ARISING OUT OF OR IN CONNECTION WITH THE SPECIAL EVENT HELD ON CITY PROPERTY, REGARDLESS OF THE
NEGLIGENCE OF THE CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE APPLICANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY APPLICANT TO INDEMNIFY AND PROTECT THE CITY FROM THE
CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE
INJURY, DEATH OR DAMAGE.
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Applicants Initials
Contingent upon the receipt of all required payments, certificates and information, the Special Event Permit for the
following described event is hereby: Approved Denied
Public/Private Event
Damage Deposit
$
Rental Fees
$
Number of Police Personnel Required
De ositfor Police Personnel
$
Certited Vendor for Infatables?
Required Information Submitted?
Certiicale of Insurance?
Signature of Director of Parks and Recreation (or Designee)
Additional Comments/Conditions:
Nature of the Event
Date
Beginning Time
Departure Time
Alcoholic Beverages
TABC License/Permit?
Liquor Legal Liabir ?
Host Liquor Liability Policy?
Commercial General Liabil ?
Setup Approved?
Date
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Applicant's Initials