3-2D-4: PERMITS:

   A.   Permits Required: Possession or consumption of alcohol may be allowed in any of the prohibited areas in sections 3-2D-2 and 3-2D-3 of this article, upon obtaining a permit as set forth below. Within the city park system permits shall be required for the possession of more than seven and one-half (71/2) gallons of alcoholic beverages.

   B.   Application: An applicant for such permit shall make application to the city clerk. The applicant shall further remit a twenty dollar ($20.00) fee, and comply with all rules and regulations related to such use. When the city clerk determines that the application is complete, the application shall be reviewed as provided in this section and in section 3-2-2 of this chapter. The application for an open container permit shall provide the following information:

      1.   Name, address and phone number of the applicant; permit applicants shall be at least twenty one (21) years of age;

      2.   Dates and hours requested during which the permit is to be effective;

      3.   The address at which the alcoholic beverages are to be served; and if a public building, or private building open to the public, the rooms in which the alcoholic beverages are to be served;

      4.   The number of anticipated people who will attend the event including all hosts, employees, sponsors, agents, consumers, and security personnel;

      5.   A detailed description or diagram of the location where the alcoholic beverages are to be served and sold.

   C.   Applications Reviewed:

      1.   The city clerk shall review the application for open container permit for completeness.

         a.   If the permit is sought in conjunction with a small community event (50 - 100 estimated attendees), the city clerk will forward said application to the Eagle police chief and fire chief for their recommendation. The application shall be submitted to the city clerk not less than five (5) working days prior to the scheduled event.

         b.   If the permit is sought in conjunction with a medium (101 - 999 estimated attendees) or large (1,000+ estimated attendees) community event, the applicant shall obtain written permission from the Eagle police chief and fire chief (or designees) prior to application submittal. The application, including the written recommendation of the Eagle police chief and fire chief or designee, shall be submitted to the city clerk not less than thirty (30) days prior to the scheduled event.

      2.   Recommendation of the police chief and fire chief or their designees:

         a.   The police chief and fire chief or their designees may recommend conditions, terms, or a reduction in the number of requested dates or times as determined reasonable to carry out the policies of the city, which include protection of the health, safety and welfare of the public, or to prevent an unlawful disturbance or nuisance. Such conditions may include, but are not limited to, posting of appropriate signs, and hiring at applicant's expense additional licensed, bonded security personnel. Any such conditions must be attached and displayed as a part of the open container permit.

         b.   Where the police chief determines that due to the anticipated number of participants, site of open container permit, pedestrian or vehicular traffic, occurrence of special events, ingress or egress of customers, or presence of minors requires additional physical configuration or limitation of the premises for enforcement purposes, the chief may recommend that the site of open container permit be maintained in a specified manner as a condition of the permit.

   D.   Issuance Or Denial Of Application: The city clerk may impose conditions as determined to be reasonable to carry out the policies of the city, which include protection of the health, safety and welfare of the public, or to prevent an unlawful disturbance or nuisance. Persons attending an event at which open containers of alcohol are possessed or served are subject to all federal, state, county and city statutes, ordinances, rules and regulations. In the event the issuance of the permit results in the violation of any of the permit conditions, the individual representative and the group will not be granted another permit for a period of one year. Whenever the city clerk shall deny any application the city clerk shall specify in writing:

      1.   The statutes, ordinances and standards used in evaluating the application;

      2.   The reasons for denial; and

      3.   The actions, if any, that the applicant could take to obtain an open container permit. (Ord. 729, 2-10-2015)