1998-01-12 Workshop and Regular Meeting of City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januan 12 1998 Re nested B : Ste Shen L. Barr ~ "`'-~ De artment: Parks 8 Recreation q Y -E P XX Report _ Resolution O dinance Exhibits: ~ 1. Letter to Jeff Litchfield, December 8, 1997 2. Letter to Robert T. Herrera, December 19, 1997 8~ RECOMMENDATION The Texas Alcoholic ;Beverage Commission will no longer issue temporary alcohol permits for the Sylvan Beach 'Pavilion on a regular basis. Since our lease agreement with Harris County began, and our contract with Jesse'Garcia, Mr. Garcia has obtained a -temporary beer and wine permit for each event at which beer and wine was served. TABC limits the number of temporary perrrtits~'[hat ~can'be issued' annua~ly'to'the same site, and they have notified us that temporary permits for Sylvan Beach events have exceeded this limit for the past few years. The solution 'is 'to obtain a •permanerit~ alcohol •perm~it ~for~ Sylvan Beach. There are three alternatives available to us as the property lessee. Option ~1~ J~e~sse Garcia, a~s contract concessionaire could apply and 'beissued a permanent beer and wine permit for the Pavilion. This would allow Jesse to be the sole provider of beer and alcohol•-for~ sale aYthe -pavilion, but~would~ still allow beerto'be given away at certain events such as wecldings where there is no admission or fee charged. The negative here is that no mixed drinks can ~be provided at a site where there'is apermanentbeer and-winepermit. Oation 2 the City could apply and be issued a permanent beer and wine permit for the Pavilion.. This 'is ~ not a desirable alternative 'because. ~City~ officials become theresponsible parties and can be held liable for ~ any problems that may occur and become subject to adm~inis~rative citations by= the TABC for any~~vioiationthat majr~ occur at the -Pavilion. Oation 3 Jesse Garcia, as contract concessionaire, could apply and be issued a mixed drink-~permit ~for~~the Pavil°ion. The downside ofthis option 'isthat the ~"bringyour own 'bottle" of alcohol practice would not be. permissible if a mixed drink permit were issued at the Pavilion. The practice of ~"BY'OB" is exercised'by approximately seventy percent of users of the Pavilion. A mixed drink permit is also prohibitively expensive (about $4,000) compared to a beer and wine ~p~ermit($600). Also, undera~mixed drink~perm~it; Jesse Garcia orhis staff~would'be'the only ones allowed to serve alcohol at the Pavilion for any event. Staff recommends Op#ion ~1 as: the available option that meets our needs at the Pavilion with the least disruption of the'customers who use the Pavilion. It will take approximately six to eight weeks to process a new permanent alcohol permit for the Pavilion. The Texas Alcoholic Beverage Commission has agreed to continue to work with us by issuing temporary permits until a permanent permit is in place so that our service delivery is not impaired. Action Required byj~Council: :. Report provided for. Council edification: no action required: Availability of Fundf:: General Fund Water/Wastewater Capital Improveiment ' ; General Revenue Sharing XX N/A Account Number: :~ Funds Available: N/A YES _ NO A rove r ncil A ends R e T e er Date Ci a ger .