Alcohol in Parks Ordinance Gets First Reading Tonight

The Madison City Commission gives first reading tonight to Ordinance 1478, a revision of Madison's rules on consumption of alcohol in public places. (See page 17 of the June 15 agenda packet.) The new ordinance would create the following exceptions to general prohibition on consumption and open containers in public:

(b) Consumption of alcoholic beverages shall be permitted in city parks, the city depot and city armory as long as such consumption occurs within the following limitations and on the following conditions:

1) That application for a permit to consume alcoholic beverages be made and approved by the two assigned administrative officials; and

2) That complaince with all terms, conditions, and limitations stated in the permit occur; and

3) In the case of city parks, alcoholic beverage consumption shall only occur in the picnic or shelter area. In the case of the city depot or city armory, alcoholic beverage consumption shall occur only inside the facility itself. Alcohol consumption or open containers in any other area of a city park, city depot or city armory is prohibited and is a violation of Madison City Ordinance 4-6(a); and

(So be sure to set your beer down on the picnic table before chasing after that frisbee. And I assume that "picnic or shelter area" is clearly defined by the city and not by the fact that you lay a picnic blanket down on your favorite patch of ground.)

4) That the hours of authorized consumption shall not exceed those as indicated on the permit for alcoholic beverage consumption, and if not such time limitation is indicated thereon, the hours of authorized consumption shall not exceed those permitted for on-sale licensees.

(In other words, when you request your permit, don't include the time.)

(c) No alcohol consumption whatsoever shall be allowed or approved in Totland Park...

(...because we don't want any alcohol around where those impressionable little two-year-olds play. However, loading up in the parks where the impressionable five- to twelve-year-olds play is fine.)

...No alcohol consumption shall be allowed or approved in Westside park during the open season of the Madison aquatic facility.

(d) The Public Safety Commissioner and Police Chief shall serve as the administrative officials responsible for the review, approval or denial of each permit to consume alcoholic beverages as set forth in this ordinance. The approval of both administrative officials is required for a permit to be issued.

(That will be police chief Chuck Pulford and public safety commissioner Karen Lembcke. I assume if one or both of them is out of town, the parks stay dry!)

(e) In the event that a permit for the consumption of alcoholic beverages is denied by the assigned administrative officials, an aggrieved person may request a hearing before the governing body of the City for a hearing to appeal such denial and request that a permit to consume alcoholic beverages be issued in accordance with the subject application.

(Or you could just serve pop. It's cheaper.)

(f) Nothing in this ordinance authorized any person, group or entity to engage in the sale of alcoholic beverages in any public place, including, but not limited to, city parks, the city depot, or the city armory without obtaining the required permit or license to engage in the sale of alcohol.

(If you bring extra, share, don't sell!)

Note that the city retains its authority over the depot, contrary to the suggestion of Commissioner Scott Delzer and Madison Daily Leader editor Jon Hunter that the city ought to cede its authority over its property to the Chamber of Commerce and Lake Area Improvement Corporation that occupy the depot. (Of course, given that Commissioner lembcke also serves on the LAIC board, they shouldn't have too hard a time getting permits.)

Note also that the ordinance says nothing about the permit process being tied to family picnics or other big social gatherings. As I read the ordinance, if you just want to go sit in the park by yourself and drink a beer, you can apply for a permit just as well as someone organizing a family reunion. So if sitting by the creek and having a beer in the sunshine (or the moonlight) is really important to you... well, I guess the door (and maybe the cooler) is open.

Of course, Ordinance 1478 isn't law yet. So if you see room for improvement in the rules, call your commissioners, or come to tonight's meeting!