Memorandum

City of Lawrence

Administrative Services Department

To:	David L. Corliss, City Manager
From:	Diane Trybom, Deputy City Clerk
CC:	Toni Wheeler, Director of Legal Services Jonathan Douglass, Assistant to the City Manager
Date:	April 29, 2008
Re:	Lawrence Convention and Visitors Bureau, Distance Restriction Waiver Request related to June 13^th “Lawrence Live”

Introduction

On May 29^th the City Clerk’s Office received a Temporary Permit application from the Lawrence Convention and Visitors Bureau requesting the temporary sale, possession, and consumption of alcoholic beverages on a vacant lot located at the southwest corner of 9^th and New Hampshire Street as part of “Lawrence Live” event, a kickoff for the Kansas 70.3 Ironman, on June 13^th, 12:00 p.m. to 12:00 a.m. The Convention and Visitors Bureau also applied and received 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 and Lawrence Life Fellowship, the applicant has petitioned for a distance restriction waiver. Such a waiver request is expressly authorized in Code Section 4-113(C). Pursuant to that Code provision, we sent a letter to the Salvation Army Church and Lawrence Life Fellowship on April 30^th, notifying them of the public hearing, and a Notice of Public Hearing was published in the Lawrence Journal World on May 12, 2008. The letter sent to Lawrence Life Fellowship was returned as “Not deliverable as addressed, unable to forward.” An email was sent to Pastor Gabe Alvarado and he has no objections, stated in an email sent to the City Clerk’s Office, and only requests that the event organizers designate someone to walk the area businesses and pick up any litter from their event. As of the date of this memo, we’ve received no comments from the Salvation Army or any member of the public.

Further, pursuant to City Code section 4-113(C), if the Commission approves the waiver request, there must be “a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.”

In the event the Commission approves the distance restriction waiver, the sale, possession and consumption is generally prohibited by City Code, pursuant to City Code section 4-105, an ordinance authorizing the temporary sale, possession and consumption would be required. I have attached a copy of Ordinance 8281 for consideration and approval. This ordinance, if adopted would allow the temporary sale, possession, and consumption of alcoholic beverages on June 13^th from 12:00 p.m. to 12:00 a.m.

Recommendation Actions
Staff recommends approval of the distance restriction waiver and recommends the City Commission find that the proximity of the temporary event is not adverse to the public welfare or safety.”

In addition, staff recommends the Commission adopt, on first reading, Ordinance 8281, authorizing the temporary sale, possession and consumption of alcoholic beverages on the specified city property.