13.42.036 Entertainment events involving service or availability of alcoholic beverages.

This Section applies to entertainment events that are open to the public as defined in Section 13.46.030.A.& B that: (1) draw, or can reasonably be expected to draw over 50 attendees; (2) involve the service or availability of Alcoholic Beverages at any Mini-dorm or GLA; and (3) are not limited to the residents of that GLA or Mini-dorm.

A.    The following actions during events subject to this Section may be deemed a public nuisance:

1.    use of or entry upon the roof except for purposes of escaping a fire when entry upon the roof is required for legal egress. For purposes of this paragraph, "roof" does not include decks or balconies, wherever located, that were legally constructed and are in compliance with all applicable safety requirements;

2.    service or availability of Alcoholic Beverages in Bedrooms occupied by residents under the age of 21 years;

3.    service or availability of Alcoholic Beverages in common areas where they are accessible to persons under the age of 21, unless service or availability is controlled in a manner that does not allow service or availability to persons under 21 years of age;

4.    service to or availability of Alcoholic Beverages to persons under the age of 21.

B.    Events subject to this Section should be kept to a manageable size, generally under 200 persons total, and should not be allowed to take place in any part of the public right-of-way.

C.    Events subject to this Section must comply with the standards set forth in the Community Noise Ordinance, Chapter 13.40.

D.    The presence of a minor who is under the influence of alcohol at an event subject to this Section shall create a rebuttable presumption that the event is not being conducted in compliance with the provisions of this Section relating to service and availability of Alcoholic Beverages.

E.    This Section does not apply to regularly scheduled meetings and/or meals involving non-residents if such meetings or meals involve only members or alumni of the entity that owns or operates the Mini-dorm or GLA and their parents or guardians, even if such meetings or meals include the service or availability of Alcoholic Beverages, as long as such service or availability is limited to persons of 21 years of age or more.

F.    Notwithstanding any provision of Chapter 13.48 to the contrary, a public nuisance as defined in this Section shall be subject to the remedies set forth in Section 13.42.040. (Ord. 7631-NS § 4, 2018: Ord. 7455-NS § 7, 2016)