Memorandum

City of Lawrence

Department of Administrative Services

 

TO:

David Corliss, City Manager

 

FROM:

Frank S. Reeb, Administrative Services Director/City Clerk

 

CC:

Cynthia Boecker, Assistant City Manager

Diane Stoddard, Assistant City Manager

Jonathan Douglass, Assistant to the City Manager

 

Date:

March 20, 2008

 

RE:

Temporary Sale, Possession and Consumption of Alcoholic Beverages

 

 

The City Clerk’s Office has received a Temporary Permit application from Mike Logan with Pipeline Productions requesting the temporary sale, possession and consumption of alcoholic beverages on the city owned portion of the vacant lot on the corner of 9th & New Hampshire Street and along the 900 Block of New Hampshire as part of the Wilco concert on May 14, 2008.   Mr. Logan is also applying for a State Temporary Permit through the Kansas Department of Revenue, Alcohol Beverage Control Division. 

 

Because the requested temporary sale, possession, and consumption of alcoholic beverages is within 400 feet of a school or church, in this case the Salvation Army church, the applicant has petitioned for a waiver of the 400 foot distance restriction as authorized in City Code Section 4-113.  Staff has prepared a Notice of Public Hearing scheduled for April 29, 2008 and has notified the Salvation Army of the requested temporary sale of alcoholic beverages (note: because City Code requires a 30 day notice to any school or church within 400 feet, the earliest the required public hearing could be scheduled is April 29th).  

 

Further, Because this temporary event will occur on City property on which the sale, possession and consumption is not expressly permitted by City Code, an ordinance authorizing the temporary sale, possession and consumption would be required.  This type of ordinance is authorized by City Code 4-105(E). 

 

Recommended Action:  No formal City Commission action is requested at this time.  However, following the April 29th Public Hearing, if appropriate, staff recommends the City Commission find that the proximity of the temporary sale of alcoholic beverages is not adverse to the public welfare or safety and approve the distance restriction waiver.  Further, at that time staff will place on the April 29th agenda, an ordinance on first reading, authorizing the temporary sale, possession and consumption of alcoholic beverages on the specified city property.