PURPOSE   

The purpose of this report is to amend Burbank Municipal Code (BMC) Section 5-622 (Attachment I), Alcoholic Beverages, to reenact sub-section (a) to read �No person shall use, consume or have in his possession any alcoholic beverage while on the Municipal Golf Course.  This section shall not apply to: (a) Alcohol sold by concessionaire at the clubhouse for consumption upon the clubhouse and golf course premises�.,

BACKGROUND

Ordinance No. 3171 was passed and adopted by City Council on October 3, 1989 (Attachment II). Section 5-622 (Alcoholic Beverages) of the BMC was amended as follows:

No person shall use, consume, or have in his possession any alcoholic beverage while on the municipal golf course.

This section shall not apply to:

(a)  Alcohol sold by the concessionaire at the clubhouse for consumption upon clubhouse and golf course premises.  This subsection (a) shall remain in effect until September 30, 1990, and on such date is repealed.

The �sunset clause� was never repealed prior to September 30, 1990.

DISCUSSION

This issue was discovered by the City Attorney while researching information concerning the concession operation agreement.  While the sunset clause was never repealed, the golf course management and the food/beverage concessionaire have operated under the premise that alcoholic beverages sold by the concession can be consumed on the golf course and in the area of the clubhouse.  This is the policy on almost all golf courses. Since the City passed this ordinance in 1989, there have not been any issues in regards to consumption of alcoholic beverages sold by the food/beverage concessionaire.

FISCAL IMPACT

If  Burbank Municipal Code Section 5-622(a) is not  re-enacted and alcoholic beverages are not allowed to be upon the clubhouse and golf course premises, the City would lose revenue, as would the concessionaire.  The liquor sales for calendar year 2006 totaled $53,524.25.  The City receives 12% of the gross sales which equates to $6,423.00 annually.  Sales are not differentiated between beverages consumed in the restaurant bar, on the patio or on the golf course.

RECOMMENDATIONS

It is staff�s recommendation to  re-enact BMC Section 5-622 (a), Alcoholic Beverages,  and allowing the continuation of  the sale and consumption of alcoholic beverages by the concessionaire in the area of the clubhouse and on the golf course.   

Attachments

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