Memorandum

City of Lawrence

Administrative Services Department

To:	David L. Corliss, City Manager
From:	Frank S. Reeb, Director
CC:	Toni Wheeler, Director of Legal Services Jonathan Douglass, Assistant to the City Manager
Date:	May 6, 2009
Re:	Lawrence Convention and Visitors Bureau, Distance Restriction Waiver Public Hearing for Tour of Lawrence

Introduction

The Lawrence Convention & Visitor’s Bureau (CVB) has requested a temporary permit in order to serve alcoholic beverages in designated downtown areas related to the 2009 Tour of Lawrence bicycle event on Saturday, July 4 from noon until 10:30 p.m.  Some portions of the area designated for the sale, possession, and consumption of alcoholic beverages will be within 400 feet of the Plymouth Congregational Church, 925 Vermont, and the Lawrence Life Fellowship, 911 Massachusetts, Suite B1b (please see the yellow highlighted sections on the attached map).  The CVB has requested a waiver of the distance limitation in City Code section 4-113(A) prohibiting the sale and serving of alcoholic liquor within 400 feet of a school or church.  Pursuant to City Code section 4-113(C), the Governing Body may approve such a waiver only after public notice and hearing and a finding by the Governing Body that the proximity of the event is not adverse to the public welfare or safety.  This same Code provision also requires the City Clerk to give 30 days notice to all churches within 400 feet of where the temporary sale, possession, and consumption will occur. 

On April 9, staff sent a letter to each of the two churches notifying them of the May 12^th public hearing, and a Notice of Public Hearing was published in the Lawrence Journal World on April 12th.  Pastor Gabe Alvarado with Lawrence Life Fellowship did not object to the event but requested that 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 Plymouth Congregational Church or any member of the public. 

In addition, because this temporary event will occur on City property on which the sale, possession and consumption of alcoholic beverages is generally prohibited by City Code, pursuant to City Code section 4-105, an ordinance authorizing the temporary sale, possession and consumption is required.  I have attached a copy of Ordinance 8401 for consideration and approval. This ordinance, if adopted would allow the temporary sale, possession, and consumption of alcoholic beverages on July 4 from noon to 10:30 p.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 8401, authorizing the temporary sale, possession and consumption of alcoholic beverages on the specified city property.