Alcohol Service Agreement

THIS ALCOHOL SERVICE AGREEMENT (“Service Agreement”) is made between The Columbus Recreation and Parks Department, (hereinafter CRPD) and the above listed applicant (the “Applicant”),

Upon the following terms and conditions:
WHEREAS, the Applicant wishes to provide alcohol service, by an approved beverage contractor, in the designated CRPD facility during the rental period, and pursuant to the terms, set forth in the Applicant’s Rental Agreement; and
WHEREAS, the Director of the Department of Recreation and Parks is authorized to permit alcohol in certain shelterhouses per Columbus City Code Section 919.13 (C) (6).

NOW, THEREFORE, IT IS AGREED:

I. GENERAL CONDITIONS
A. This Service Agreement is in addition to the Applicant’s Rental Agreement. The conditions stated in this Service Agreement prevail over the rules relating to alcohol in the Rental Agreement. All other rules/regulations on the Applicant’s Rental Agreement remain in full force and effect.
B. The Applicant must enter into contract with a CRPD Approved Beverage Contractor for alcohol service. A different caterer/contractor for food, and other related services, may also be used. All alcohol must be served by a CRPD Approved Beverage Contractor.
C. All dispensing of alcohol must cease at least 30 minutes prior to the end of the rental time.
D. No one under 21 may be served or consume alcohol.
E. Lessee must comply with all City ordinances and State statutes, including Ohio Liquor Control policies and guidelines.
F. The Applicant agrees to limit the number of guests to the determined occupancy of the facility.
G. The Applicant agrees to accept responsibility for keeping all alcoholic beverages contained to the areas designated for alcohol consumption. At all sites listed on this Agreement, alcoholic beverages are limited to the confines of those respective buildings. The following facilities allow alcohol consumption outside (map provided upon request): Goodale Shelterhouse, Lashutka Event Center, North Bank Park Pavilion, Warner Woods Pavilion, Wolfe Shelterhouse, and Westgate Shelterhouse. At Goodale Shelterhouse, alcohol is permitted inside of the facility and on the enclosed/gated plazas/patios on the east and west sides of the facility only. At Lashutka Event Center, alcohol is permitted inside of the facility and on the enclosed/gated plaza/patio on the west side of the facility only. At North Bank Park Pavilion, alcohol is permitted inside of the pavilion and on the red bricked area of the plaza/patio only. At Warner Woods Pavilion, alcohol is permitted inside of the facility and on the covered patio on the south side of the facility only. At Wolfe Shelterhouse, alcohol is permitted inside of the facility and on the enclosed/gated plaza/patio on the south side of the facility only. At Westgate Shelterhouse, alcohol is permitted inside of the facility and on the enclosed/gated plaza/patio on the north and south sides of the facility only. Any requests for exception to these rules, regarding confines (G.), must be approved by CRPD prior to the event.
H. If having alcohol outdoors is desired at any facility other than Goodale Shelterhouse, Lashutka Event Center, North Bank Park Pavilion, Warner Woods Pavilion, Westgate Shelterhouse, or Wolfe Shelterhouse, a fencing/tenting plan must be submitted to CRPD. Fencing/Tenting plans must be submitted to CRPD at least fifteen (15) calendar days prior to the rental date. The maximum area that can be utilized for this purpose is 12oo square feet, is site dependent, and is subject to a case by case review.
I. CRPD reserves the right to escort any visitor off CRPD premises who appears to be intoxicated or is disruptive to the safety or enjoyment of event participants or CRPD staff. In such event, the Applicant agrees to defend and hold the City of Columbus harmless from and against damages claimed by said visitor.
J. Alcohol may not be sold (no cash bars), and no money or tickets may exchange hands on the premises. Gratuity arrangements should be made with the contractor prior to the event. Tip jars are prohibited.
K. CRPD Management reserves the right to require the use of security and/or police officers to be arranged and paid for by the Applicant.
L. Alcohol must be dispensed by an Approved Beverage Contractor. All alcohol shall be brought onto the premises by the Approved Beverage Contractor.

II. INDEMNIFICATION / DAMAGES
READ THESE PROVISIONS CAREFULLY. THEY ARE LEGALLY BINDING.
A. Applicant shall be responsible for any damage to the CRPD premises and property caused by the Applicant, its guests, and its Contractor(s) agents or employees. Damage done to the facility, plazas, and/or grounds shall be charged at current cost for repair or replacement, plus labor costs for repair or replacement. This paragraph does not constitute CRPD’s sole remedy.
B. Applicant assumes all liability for any injury to persons or damage to or loss of property, which injury, damage, or loss is directly or indirectly related to the rental/event, including without limitation, liability arising directly or indirectly from the dispersion of alcoholic beverages at the rental/event. Applicant shall indemnify, protect and hold harmless CRPD and all of its trustees, officers, agents, employees, volunteers and commission members thereof, against claims, damages, losses, liens, causes of action, suits, judgments and expenses (including attorney fees and other costs of defense) of any nature, kind or description brought for or arising from, or on account of any injuries or damages received by any person or property, resulting from any negligent acts, errors, omissions by any person directly or indirectly related to the rental/event. Applicant agrees that this indemnification represents a material consideration to CRPD, without which CRPD would not enter into this Agreement.
C. Applicant acknowledges they have read and understand this Indemnification/Damages clause.

III. MISCELLANEOUS
A. Extent of Agreement. This Service Agreement and the associated Rental Agreement represent the entire and integrated agreement between CRPD and the Applicant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Service Agreement may be amended only by written amendment prepared by CRPD and signed by both parties.
B. Governing Law. This Agreement shall be governed by the law of the State of Ohio to the exclusion of the law of any other jurisdiction.
C. Severability. If any provision of this Agreement, or any covenant, obligation or agreement contained herein is determined by a court to be invalid or unenforceable, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein. Such invalidity or unenforceability shall not affect any valid and enforceable application thereof, and each such manner and to the full extent permitted by law.
D. When it is in the best interest of the City of Columbus, the City may terminate this Contract, in whole or in part by providing fifteen (15) calendar days or other appropriate length of time written notice to the Permit Holder prior to the effective date of termination.