CITY COMMISSION AGENDA MEMO September 13, 2018 FROM: Jared Wasinger, Assistant to the City Manager Katie Jackson, City Attorney MEETING: September 18, 2018 SUBJECT: Continued Discussion on Amending Special Events with Alcohol PRESENTER(S): Jared Wasinger, Assistant to the City Manager Katie Jackson, City Attorney BACKGROUND In February 2018, City Administration was approached by the Greater Manhattan Community Foundation to consider possible changes to the City’s Code of Ordinances as it relates to special events with alcohol in Blue Earth Plaza. A summary memo (enclosed) providing an overview of the City’s current ordinances as they relate to special events with alcohol at Blue Earth Plaza and other areas of the City was provided to the City Commission in March 2018. The City Commission provided comments regarding possible changes during a discussion item that was held during the June 19, 2018, City Commission meeting. Currently, consumption of alcohol during special events in Blue Earth Plaza (as well as Aggieville and Downtown) is limited to a fenced off “beer garden” where only participants 21 years or older are able to enter, and no alcohol can be consumed outside of the beer garden. The Young Trustees approached the City to change those rules relating to special events in order to accommodate their annual MHK Chili Cook Off. Their request included eliminating the beer garden requirement, which would allow alcohol to be consumed throughout the entire special event area (this would mean patrons above and below age 21 would not be separated as they are now). The Young Trustees are also seeking to include streets and sidewalks within the event area that alcohol is consumed. State law requires the City to treat City park land and City facilities differently than city streets, sidewalks and alleys. In the state of Kansas, for a special event with alcohol to occur on a city street, sidewalk or alley, a series of events must occur. First, the applicant must complete a Special Event Temporary Permit for the Department of Revenue (DOR). Next, the applicant must apply for a special event permit with the City (attaching their DOR application), which goes through an administrative review through Customer Service, Public Works, the Riley County Police Department (RCPD), the City Clerk and City Manager's Office. If the special event application meets the requirements set forth in the Ordinance pertaining to special events and meets the state requirements for Special Event Temporary Permits, then the City Commission can adopt an event-specific special event ordinance for the day of the event to allow alcohol on the city street(s), sidewalk(s) and alley(s). If the event-specific special event ordinance is passed by the Commission, it is attached to the application for the Department of Revenue, and must be sent to the state at least 14 days prior to the event for approval. Such a process can occur today, however, the consumption of alcohol would only be able to occur within a fenced off beer garden per the City's current ordinance relating to special events with alcohol. DISCUSSION During the June 19, 2018, discussion item the City Commission considered three options in relation to the City's ordinance and where alcohol can be consumed within a special event area: Option (1) maintain the current approach, which requires a smaller fenced “beer garden” that only 21+ can enter within the larger special event area; Option (2) maintain the requirement for a fenced “beer garden” as the only place where alcohol can be served/consumed within a special event area, but allow patrons of all ages inside the beer garden; or Option (3) eliminate the beer garden requirement and allow alcohol to be consumed throughout the special event area and accessed by all ages. A majority of City Commissioners gave feedback in favor of Option (3) to eliminate the beer garden and bring forward an amendment to the special event ordinance. For the September 4, 2018, legislative meeting, City Administration drafted a a first reading of an ordinance to amend Article IV Chapter 31 of the Code of Ordinances, eliminating the beer garden requirement for special events. This was the primary change of the ordinance, along with other changes to clean up legal language and provisions from the original ordinance that was adopted in 2011. The item was tabled, as Commissioners identified three concerns with provisions of the ordinance that they wanted clarification/modification on. The following concerns are listed below, as well as how they plan to be addressed in a newly proposed ordinance. Furthermore, as we researched the concern about how to distinguish between different licensees serving into a special event area, we identified another issue requiring feedback. City Administration is seeking further clarification from the City Commission before bringing back a first reading, which City Administration intends to do at the September 25, 2018, Special Legislative Meeting. Commissioner concerns from the first reading on September 4: Special Event Time Limit: An amended provision from the draft ordinance from September 4, 2018, stated that the special event shall be for no more than 12 hours, during daylight hours only, and that the City Clerk could extend the hours of the special event to 11:00 p.m. on Fridays and Saturdays. This language was utilized from another provision pertaining to block parties, but multiple concerns were raised regarding special events in Aggieville that go until 2 a.m. when bars close, such as the New Year's Eve Ball Drop. Discussion during the September 4 meeting resulted in consensus among a majority of the City Commission allow for the City Clerk (for events without alcohol) or the City Commission (when considering special events with alcohol) to allow a special event's hours to be extended to 2:00 a.m. subject to their approval. This will be reflected in the amended ordinance at the first reading. Specific boundaries for Aggieville, Downtown and Blue Earth Plaza where special events with alcohol are allowed: The City Commission requested a more specific description of the boundary limit where where an applicant could apply for a special event permit to allow the presence, service, or consumption of alcoholic beverages. Note that the boundaries do not mean that the applicant will apply for a special event area that includes the whole district; only that the special event can only occur on City property within those districts. The boundary for Aggieville is the C-3, Aggieville Business District, as defined by the Manhattan Zoning Regulations. A map of the Aggieville District boundary is enclosed. The boundary for Downtown is defined as the C-4, Central Business District, as defined by the Manhattan Zoning Regulations. A map of the Downtown District boundary is enclosed. The current ordinance today allows special events with alcohol in these zoning districts, and remains unchanged, but maps have been provided as attachments for clarity, with all city streets, sidewalks and alleys highlighted. The Blue Earth Plaza Boundary will be the only boundary that is specifically detailed in this provision of the ordinance due to its unique nature and it not being a specific zoning district. The current ordinance today defines this location as "the public park in the Downtown Entertainment District PUD." In order to meet the request of the Young Trustees wishing to extend the boundary into the adjacent public streets and sidewalks on S. 3rd Street and Blue Earth Place, this will be amended to be more specific by identifying the adjacent streets and sidewalks. Furthermore, the private drive and parking lot owned by the City, south and southeast of the Flint Hills Discovery Center, have been included in this boundary to accommodate future growth of the annual Flint Hills Festival. In order to allow consumption of alcohol on City property, Sec. 4-2 (f) of the Code of Ordinances will also be amended. This ordinance allows the consumption/possession of alcohol pursuant to K.S.A 41- 719 in the following public places or public property: Sunset Zoo, Manhattan Regional Airport terminal, Union Pacific Depot, Wefald Pavilion, Blue Earth Plaza, and the Flint Hills Discovery Center (and now, if approved, the drive south of the FHDC and the southeast lot). A map of the Blue Earth Boundary for special events with alcohol is also enclosed. These specific maps will be provided to any applicant seeking to apply for a special event with alcohol permit within any part of these three areas, and the applicant will have to specifically identify the boundaries of the special event within those districts. Distinct containers for alcoholic beverages if multiple vendors exist: The current ordinance states "if more than one vendor or licensee is providing the sale or service of alcoholic beverages, each vendor or licensee must sell or serve their alcoholic beverage in distinct containers that identify the vendor or licensee." The purpose of this provision is to help identify where alcohol may have been obtained if a possession/consumption violation occurs, such as a minor in possession. It is important to note that this evidence would not be conclusive, since an individual could use a discarded cup and fill it with alcoholic liquor that did not come from the business listed on the cup. Although this specific provision has been removed, City Administration retains the ability to require different and distinct cups from the vendors if needed for the special event. RCPD and City Administration will review the application and determine if distinct containers for each identified vendor/licensee should be required, and make such recommendation to the City Commission as part of the special event's approval. The importance of distinguishing between vendors may vary, based upon the vendors within the event and those adjoining the event, which is discussed in more detail below.