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Alcoholic Beverage Management Policy of the Clark Center for the Performing Arts

Purpose

This Alcoholic Beverage Management Policy ("ABM Policy") governs the acquisition, storage, possession, delivery, distribution, sale, use, or consumption of alcoholic beverages at performances, events, or special events conducted at the Clark Center for the Performing Arts and requires the appointment of an Alcoholic Beverages Administrator responsible for management and administration of the ABM Policy to ensure:

1. Compliance with all applicable California laws, regulations, rules, and policies regarding the acquisition, delivery, storage, possession, distribution, sale, use, or consumption of alcoholic beverages at performances, events, or special events held, conducted, or sponsored at the Clark Center;

2. Alcoholic beverages are neither available nor consumed at performances, events, or special events whose targeted audience is children, students, and their families; and

3. Safety, protection, and welfare of all persons in the community during and after performances, events, or special events conducted at the Clark Center at which alcoholic beverages are acquired, delivered, possessed, stored, distributed, sold, used, or consumed.

Defined Terms and Phrases

The following terms and phrases have the meanings ascribed to them in this document.

1. ABC means the California Department of Alcohol Beverage Control.

2. ABM Policy means the Alcoholic Beverage Management Policy approved and adopted by the respective governing bodies of: (1) Lucia Mar Unified School District as owner and operator of the Clark Center; (2) South County Performing Arts Association, Inc. d/b/a Clark Center Association as manager of the Clark Center; and (3) South County Performing Arts Foundation as founder of the Clark Center, all of which are parties to the Amended and Restated Joint Development and Use Agreement dated September 7, 2010.

3. Alcoholic Beverage Administrator means the person the Clark Center Association appoints to implement, manage, and administer the ABM Policy.

4. Clark Center means the Clark Center for the Performing Arts, a 600-seat facility owned and operated by the Lucia Mar Unified School District in Arroyo Grande, California and situated on the campus of Arroyo Grande High School to serve as an educational, performing arts, and events venue for the benefit of communities on the California Central Coast.

5. Event means any (i) business conference, presentation, seminar, retreat, meeting, or reception, or (ii) educational, cultural, social, community, civic, or charitable activity, meeting, endeavor, or undertaking conducted, held, or pursued at the Clark Center.

6. House Manager means the person primarily responsible for ensuring that all patrons, guests, participants, and audience have a safe, relaxed, and pleasant experience while attending or participating in a performance, event, or special event at the Clark Center.

7. Oversight Committee means the committee specifically created pursuant to the Joint Development and Use Agreement and charged with the responsibility to recommend new policies or review existing policies to ensure the effective overall management and operation of the Clark Center.

8. Performance means any type of performing art, including plays, shows, concerts, recitals, or theatrical productions that involve artistic or creative expression.

9. Sale or consumption means, in the context of the particular provision of the ABM Policy in which the phrase appears, the acquisition, delivery, storage, possession, distribution, sale, use, or consumption of alcoholic beverages at the Clark Center.

10. Special event means any activity or event not specifically identified herein but which is consistent with and permissible under the ABM Policy, and which the Oversight Committee specifically approves upon the written recommendation of the Alcoholic Beverage Administrator.

Alcoholic Beverages Administrator

The Board of Directors of the Clark Center Association shall appoint an Alcoholic Beverage Administrator whose primary duties and responsibilities shall include: (a) implementation, management, and administration of the ABM Policy; (b) compliance with all ABC rules and regulations, including coordination of training for personnel involved in the sale or consumption of alcoholic beverages; and (c) submission of reports and recommendations to the Oversight Committee regarding the management and administration of the ABM Policy.

Alcohol Beverages Permitted for Sale or Consumption

Wine and beer are the only alcoholic beverages that may be offered for sale or consumption at a Clark Center performance, event, or special event.

Permitted Areas for the Sale or Consumption of Alcoholic Beverages

1. Permitted Areas. The sale or consumption of alcoholic beverages at the Clark Center is permitted in the following areas only based on the type of performance, event, or special event involved:

a. Lobby

b. Salon

c. Studio theater

d. Stage for special events

e. Patio for special events and only if (1) the size of the event requires use of the patio, and (2) the patio is enclosed by a privacy screen, panel, tent, or similar means.

f. Greenroom for special events, provided however, the sale or consumption of alcoholic beverages in the Greenroom by artists, performers, cast, or crew is prohibited.

2. Prohibited Removal of Alcoholic Beverages. No patron, participant, guest, or any other person not authorized by the Alcohol Beverage Administrator shall be permitted to remove alcoholic beverages from the Clark Center.

Security Measures for Storage and Sale or Consumption of Alcoholic Beverages

1. Time Restrictions on Storage of Alcoholic Beverages. Alcoholic beverages delivered to the Clark Center for a scheduled event cannot be stored at the Clark Center for more than 30 hours before or after the scheduled performance, event, or special event begins or ends, respectively.

2. Security of Stored Alcoholic Beverages. Alcoholic beverages must be stored in a locked room, access to which is restricted to the Alcoholic Beverage Administrator or personnel under her aegis, supervision, direction, or control that have received required training on ABC rules and regulations.

3. Training of Clark Center Personnel. All Clark Center personnel including the Alcoholic Beverage Administrator, house managers, bartenders, and servers, involved in the sale or consumption of alcoholic beverages, must undergo training on ABC rules and regulations as a prerequisite to their engaging in any activity involving the sale or consumption of alcoholic beverages at the Clark Center.

4. Duties and Responsibilities of House Managers. Two house managers must be present at each Clark Center performance, event, or special event, involving the sale or consumption of alcoholic beverages. One house manager shall be primarily responsible for alcoholic beverage service safety, including supervision of service staff; assessment of the age and condition of patrons, participants, or guests who may be served; and enforcement of area restrictions where alcoholic beverages may be served or consumed at that performance, event, or special event.

Permissible and Prohibited Events at Which Alcoholic Beverages May be Sold or Consumed

1. Permissible Events. Except as provided in section Permissible and Prohibited Events at Which Alcoholic Beverages May be Sold or Consumed, Prohibited Events (2), the Oversight Committee may approve the sale or consumption of alcoholic beverages at a Clark Center performance, event, or special event on the days and at the times set forth in subsections Permitted and Prohibited Times and Days for the Sale or Consumption of Alcoholic Beverages, Permitted Days (1) and Prohibited Events (2), respectively.

2. Prohibited Events. This ABM Policy strictly prohibits the sale or consumption of alcoholic beverages at a performance, event, or special event whose primary audience, guests, patrons, or participants are children, students, and their families.

Permitted and Prohibited Times and Days for the Sale or Consumption of Alcoholic Beverages

1. Permitted Days. The sale or consumption of alcoholic beverages is permitted on: (a) Saturdays and Sundays, and (b) "non-school" days, vacation periods, and holidays as designated on the Arroyo Grande High School instructional or athletic calendars.

2. Permitted Times. Following are the minimum standards for time restrictions governing the sale or consumption of alcoholic beverages at the Clark Center. The Alcoholic Beverage Administrator has the right to set an alternate starting and/or ending time.

a. The sale or consumption of alcoholic beverages at a performance, event, or special event is permitted within one hour of the scheduled beginning of the performance, event, or special event through the end of intermission.

b. If there is no intermission at the performance, event, or special event, the sale or consumption of alcoholic beverages will terminate at least 30 minutes prior to the scheduled end of the performance, event, or special event.

Fees, Costs, Expenses, and Revenues from the Sale or Consumption of Alcoholic Beverages

The Clark Center Association shall pay all fees, costs, and expenses incurred, and shall retain all revenues received, from the sale or consumption of alcoholic beverages at a performance, event, or special event held or conducted at the Clark Center.

Commercial General Liability Insurance

1. Insurance Coverage Limits. Any person, entity, or organization that rents or otherwise uses the Clark Center for a performance, event, or special event at which the sale or consumption of alcoholic beverages is permitted shall provide the Alcoholic Beverage Administrator with documentary evidence establishing that: (a) the renter or user maintains commercial general liability insurance including liquor liability coverage; and (b) Lucia Mar Unified School District, South County Performing Arts Foundation, and Clark Center Association, and their respective board of directors, officers, employees, contractors, and staff, are named as an additional "insured" in the liability policy.

2. Rental Agreement Provisions. The specific terms and conditions of the foregoing liability insurance coverage requirements shall be included in each rental agreement for the use of the Clark Center.

General Procedures, Guidelines and Requirements

1. Written Application for the Sale or Consumption of Alcoholic Beverages. An application and approval form must be completed and submitted to the Alcoholic Beverage Administrator for consideration no later than 60 days before the scheduled date of the performance, event, or special event at which the applicant requests the sale or consumption of alcoholic beverages at the Clark Center. If the Alcoholic Beverage Administrator determines that the application meets the requirements of the ABM Policy and that further consideration is warranted, she shall forward the applicant's request with her written recommendation to the Oversight Committee for its consideration and final determination regarding the applicant's request.

2. Right to Withhold Approval. The Oversight Committee, in its discretion, may deny, limit, condition, or restrict, its approval of an applicant's request for the sale or consumption of alcoholic beverages at a performance, event, or special event at the Clark Center.

3. Non-Alcoholic Beverages. The Clark Center shall provide non-alcoholic beverages at all performances, events, or special events at which the sale or consumption of alcoholic beverages is available.

4. Right to Refuse Alcoholic Beverage Service. Clark Center authorized personnel reserve the right to refuse the sale or consumption of alcoholic beverages to any person who appears to be intoxicated, inebriated, impaired, or under 21 years of age.

Policy LUCIA MAR UNIFIED SCHOOL DISTRICT

adopted: June 9, 2015 Arroyo Grande, California

revised: June 20, 2017