It shall be unlawful for any person to sell or serve any enhanced cereal malt beverage at a special event within the City without first obtaining a local special event retailer’s permit from the City Clerk.

(Ord. 3923-16; Ord. 4016-19)

A.    There is hereby levied a special event retailer’s permit fee in the amount of $25.00 per day on each group or individual to which a permit is granted. The permit fee shall be paid at the time of application for a special event retailer’s permit, and shall be in addition to any fee for a enhanced cereal malt beverage stamp fee required to be remitted to the Division of Alcohol Beverage Control.

B.    In order for the special event retailer’s permit to be valid, a state CMB stamp must be affixed to it.

(Ord. 3923-16; Ord. 4016-19)

A.    It shall be unlawful for any person to conduct an event where enhanced cereal malt beverages are sold or served without first applying for a special event retailer’s permit. If the event is to be held indoors, the application shall be made at least 7 calendar days before the event. If the event is to be held outdoors, the application shall be made at least 14 calendar days before the event. Written application for the special event retailer’s permit shall be made to the city clerk and shall clearly state:

1.    The name of the applicant;

2.    The group for which the event is planned;

3.    The location of the event;

4.    The date and time of the event;

5.    Any anticipated need for police, fire or other municipal services; and

6.    Any other information required by the City Manager.

B.    Upon payment of the city's special event retailer’s permit fee and a written application as provided for in subsection (A), the City Manager may approve, and the City Clerk may issue a special event retailer’s permit to the applicant if:

1.    There are no conflicts with any zoning or other ordinances of the city; and

2.    The applicant has provided the City Manager or designee all information necessary to ensure that the applicant will comply with all local and state alcoholic beverage laws during the permitted period; and

3.    The applicant has agreed to abide by all special conditions and restrictions established by the City Manager or the City Manager’s designee; and

4.    The event remains consistent with prevailing community standards.

C.    The city clerk shall notify the chief of police whenever a special event retailer’s permit has been issued and forward a copy of the permit and application to the chief of police.

(Ord. 3923-16; Ord. 4016-19; Ord. 4043-19)

A.    Every special event retailer’s permit holder shall cause the permit and receipt to be placed in plain view on any premises within the city where the holder of the special event retailer’s permit is serving enhanced cereal malt beverage for consumption on the premises.

B.    No permit holder shall allow the serving or consumption of enhanced cereal malt be beverage between the hours of 2:00 a.m. and 9:00 a.m. at any event for which a special event has been issued.

C.    No enhanced cereal malt beverages shall be given, sold or traded to any person under 21 years of age.

D.    Permit holders shall be present at all times during the event or designate another person to be responsible for the conduct of the event if the permit holder is absent. If the permit holder is an organization, the organization must designate a person to act as their agent to be responsible for the conduct of the event.

E.    Permit holders must admit any law enforcement officer to the premises covered by the special event retailer’s permit.

F.    If the permit area includes a city street, alley, road, sidewalk, or highway then the street, alley, road, sidewalk, or highway shall be closed to motor vehicle traffic.

G.    If the event is to be held outdoors, the boundary of any premises covered by a special event retailer’s permit must be marked by a three-dimensional obstacle.

H.    A permit holder may not allow a customer to bring into the permitted premises bottles of their own enhanced cereal malt beverage to be consumed by the customer and the customer’s invited guests without the prior approval of the Governing Body.

I.     The temporary permit shall be issued for no longer than three days, unless otherwise approved by the Governing Body.

J.     A temporary permit shall not be assigned or transferred to any third party.

K.    No more than four temporary permits may be issued to any one applicant in a calendar year, except that this section shall not apply to applications for temporary event permits at locations set forth in Section 4-504(A), and amendments thereto.

L.    The City Manager or the City Manager’s designee shall have the authority to impose such other special conditions and restrictions as he or she shall determine are appropriate for the event.

M.   Except as specifically set forth in the Municipal Code, all local ordinances and state statutes for the sale and consumption of enhanced cereal malt beverages apply to holders of special event retailer’s permits.

(Ord. 3923-16; Ord. 4016-19; Ord. 4043-19)

If the permit holder has violated any of the provisions of this article, the Governing Body or its designee, the City Manager, may revoke such special event retailer’s permit, and the individual holding the permit may be charged in Municipal Court with a violation of the alcoholic liquor laws of the City and upon convictions shall be punished by:

A.    A fine of not more than $500.00; or

B.    Imprisonment in jail for note more than 180 days; or

C.    Both fine and imprisonment as set forth in subsections (a) and (b) of this section.

(Ord. 3923-16)

The provisions of Section 4-203 of the Municipal Code of the City of Ottawa shall not apply to any person lawfully in possession of enhanced cereal malt beverage in the specific location and during the specific hours permitted by a valid Local Special Event Permit granted by the City of Ottawa.

(Ord. 3923-16; Ord. 4043-19)