ORDINANCE NO. 180725

Grant revocable permit to Paddy’s Bar & Grill to close SW Yamhill Street between SW 1^st Avenue and SW Naito Parkway from March 16, 2007 through March 18, 2007. (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  Paddy’s Bar & Grill, 65 SW Yamhill Street, Portland, OR 97204, through Bruce Higginson, has requested permission to close SW Yamhill Street between SW 1^st Avenue and SW Naito Parkway from 6:00 a.m. March 16, 2007 to 6:00 a.m., March 18, 2007 to host a benefit for River Network.

2.  The applicant requests permission to locate a tent, concessions, restrooms, stage and fence in the requested street closure.

3.  The applicant requests permission to possess, use and sell food and alcoholic beverages in the area covered by the requested closure from March 16, 2007 to March 18, 2007.

4.  The adjacent property owners have agreed in writing to this activity on the street in front of their property.

5.  The applicant has paid the permit fee of $350 as provided for by Section 17.24.020 of the City Code.

6.  Applicant has provided an Insurance Certificate, which has been approved by the City Attorney, with limits of coverage that will meet the minimum requirements for liability of a public body as set forth in ORS 30.260 through 30.300 which names the City, it officers, agents and employees as additional insured.

7.  The Traffic Engineer, Fire Marshal and Portland Police Bureau have reviewed the plans for the closure and for the tent and stage listed in Section 1-2 above and, under certain conditions, have no objection.

8.  Granting said permission, under certain conditions, will not be detrimental to the public interest.

NOW, THEREFORE, the Council directs:

a.  Paddy’s Bar & Grill is granted a revocable permit to close SW Yamhill Street between SW 1^st Avenue and SW Naito Parkway from 6:00 a.m. March 16, 2007 to 6:00 a.m. on March

 18, 2007, to host an event to benefit River Network. The provisions of Section 14.24.030 related to possession, sale and consumption of alcoholic beverages, for the purpose of this permit only are hereby waived, subject to the following conditions:

(1)  This permit is for the use of the street area only, and shall not exempt the permittee from obtaining any license or permit required by the City Code or Ordinances for any act to be performed under this permit, nor shall this permit waive the provisions of any City Code, Ordinance, or the City Charter, except as herein stated.

(2)  This permit is revocable at any time at the pleasure of the City Council and no expenditure of money hereunder, lapse of time, or other act or thing shall operate as an estoppel against the City of Portland, or be held to give the permittee any vested or other right.

(3)  The permittee shall hold the City of Portland, its officers, agents, and employees free and harmless from any claims for damages to persons or property, including legal fees and costs of defending any actions or suits, including any appeals which may result from the use of the street area under this permit.

(4)  The permittee, as directed by the City Traffic Engineer, shall furnish necessary barricades, signs and illumination to accomplish said closure.

(5)  The barricades shall be illuminated at each end during the evening hours and the barricades and any fences required in Section a-9 below shall be staffed at all times.

(6)  No vehicles shall be allowed in the area to be closed except for those delivering or picking up equipment needed during the closure and emergency vehicles. The permittee shall be responsible for ensuring that no vehicles are allowed to remain parked in the closed area.

(7)  This permit is for use of the street area only and shall be subject to necessary use by emergency vehicles. A 15' minimum width access lane for emergency vehicles must be provided at all times.

(8)  Nothing contained herein shall limit the authority of the Bureau of Police, the Bureau of Transportation Engineering and/or the Bureau of Transportation System Management in maintaining the public peace and safety and upon a request of said Bureaus, the permittee shall immediately reopen the street to its normal use.

(9)  The permittee shall obtain all required Oregon Liquor Control Commission permits and shall comply with all provisions of said permits. Failure to obtain or comply with OLCC regulations shall result in immediate revocation of this permit. A fence, delineating the area to be used for consumption of alcoholic beverages and providing secure ingress and egress to the area shall be constructed and installed to the satisfaction of the OLCC.

(10)  The permittee shall obtain from the City Noise Officer any requirements or permits regarding noise levels for the duration of the closure.

(11)  The permittee shall, at their own expense, be responsible for cleaning the area around the closure and opening the street to pedestrian and vehicular traffic prior to 6:00 a.m. on March 18, 2006.

(12)  This permit is personal to the permittee and may not be transferred, assigned or otherwise conveyed, and will require insurance with limits of coverage that will meet the maximum requirements for liability of a public body as set forth in ORS 30.260 through 30.300 or as it may be required by subsequent amendment and naming the City, it officers, agents and employees as additional insured. Said insurance is to be kept in full force and effect at all times. This permit is automatically revoked without further action by the Council if this insurance is permitted to lapse, is canceled, or for any other reason becomes inoperative.

Section 2. This Ordinance will not become effective until the permittee has filed with the City Auditor a document accepting the terms and conditions hereof which has been approved by the City Attorney. This Ordinance shall be automatically revoked without further consideration by the Council if the acceptance is not on file with the City Auditor within 30 calendar days of the passage of this Ordinance.

Passed by the Council, JANUARY 17, 2007

 GARY BLACKMER

Commissioner Sam Adams  AUDITOR OF THE CITY OF PORTLAND

Kristan Alldrin:slg  BY /s/Susan Parsons

December 29, 2006  DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 39, 57-2007

ACTION TAKEN:

JAN 10, 2007 PASSED TO SECOND READING JAN 17, 2007 9:30

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180725