Memorandum

City of Lawrence

Administrative Services Department

To:	David L. Corliss, City Manager
From:	Frank S. Reeb, Administrative Services Director
CC:	Toni Wheeler, Director of Legal Services
Date:	June 18, 2009
Re:	The Americana Music Festival Distance Restriction Waiver Request

The Americana Music Festival, a 501-C3 non-profit corporation housed at 1419 Massachusetts promotes music in the Lawrence area through lessons, recitals, recordings and occasional concerts and is proposing a music festival, selling beer and food at South Park on Saturday, July 18, 2009 from Noon to 10 pm.  Once the distance waiver is approved by the City Commission, Mr. Mason will begin the temporary permit application process in order to serve beer at this event.  Because the temporary event will be within 400 feet of the Trinity Lutheran Church, 1245 New Hampshire, Steve Mason, on behalf of the Americana Music Festival, is requesting the City Commission waive 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.  Such a waiver request is expressly authorized in Code Section 4-113(C).  

Pursuant to that latter Code provision, a Notice of Public Hearing was published in the Lawrence Journal World on May 21^st, 2009 and a letter was sent to Pastor Gary Teske, Trinity Lutheran Church, notifying him of the public hearing.  Pastor Teske and I spoke by telephone and he told me Trinity Lutheran Church does not object to the sale of beer and wine at the Food Festival.  We have received no other public comments on this waiver request.  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.”

Because this temporary event will occur on City property on which the sale, possession and consumption of alcoholic liquor 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 8410 for consideration and approval. This ordinance, if adopted, would allow the temporary sale, possession, and consumption of alcoholic beverages on July 18, 2009 from noon to 10:00 p.m. at South Park provided such temporary sales, possession and consumption are otherwise consistent with state and local alcoholic beverage licensing laws and regulations.  

Action Request: Staff recommends the Commission find that the proximity of the Americana Music Festival and temporary sale, possession and consumption of alcoholic beverages, is not adverse to the public welfare or safety and approve the distance restriction waiver request.   Further, staff requests the Commission adopt, on first reading, Ordinance 8410, allowing the temporary sale, possession, and consumption of alcoholic beverages at South Park on July 18^th as part of the Americana Music Festival.