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Agenda Item 8DAGENDA ITEM # 8D NOVEMBER 26, 2007 Sec. 3-9. Consumption and possession of open container upon public property. (a) Except in accordance with following paragraph (b), it shall be unlawful for any person(s) to consume Alcoholic Beverages upon public properties within the City, or for any person(s) to be in possession of any open container of an Alcoholic Beverage upon public properties within the City. Such public property shall include, but not be limited to, streets, sidewalks, highways, parks, waterways and the ocean or beach. (b) The City Manager may, for special events, grant a Special Event Permit to allow the consumption of beer and wine and the possession of open containers of beer and wine upon public properties within the City, subject to the following conditions. (1) No beer or wine shall be consumed out-of--doors in any public park azeas, except that up to four (4) festivals in any one (1) calendar year may be approved. (2) All public consumption of beer and wine upon any City property, as may be permitted by this Section, shall end no later than 11:00 p.m. (3) The applicant for a Special Event Permit shall sign a written agreement committing to comply with any reasonable conditions as deemed necessary by the City Manager to protect the best interests of the City and its residents, and shall as a condition of the Special Event Permit, agree to hold the City harmless and assume all liability for any damage to public property or any incident occurring as a direct or indirect result of the special event. Page 1 of 1 Exhibit A to Ordinance Number 10-04-22