Memorandum

City of Lawrence

City Clerk’s Office   

TO:	David L. Corliss, City Manager
FROM:	Jonathan Douglass, City Clerk/Assistant to the City Manager
CC:	Toni Wheeler, Director of Legal Services Diane Trybom, Deputy City Clerk
DATE:	August 11, 2009
RE:	Alcohol Sales at Farmers’ Market

Recent State legislation (SB 212) enables licensed Kansas farm wineries which possess bona fide farmers’ market sales permits to sell domestic table wine and domestic fortified wine in the original, unopened package at farmers markets approved by the Director of Alcoholic Beverage Control (ABC). The City Clerk’s Office has received an application for a temporary liquor license from Jefferson Hill Farm & Winery to sell alcoholic liquor at the Saturday Farmers’ Market in city parking lot #8 between the 800 blocks of New Hampshire and Rhode Island.

State Statute and City Code Section 4-117 restrict retail sales of alcoholic liquor on Saturdays to the hours of 9:00 a.m. to 11:00 p.m. As the applicant has requested sales from 7:00 a.m. to 11:00 a.m., staff inquired with ABC whether SB 212 permits sales at farmers’ markets earlier than the normal retail liquor hours of sales. ABC has informed us that the legislation allows the hours of retail sales of alcoholic liquor by licensed farm wineries at farmers’ markets to be the more restrictive of the following: 1) the normal hours of operation of the farmers’ market, or 2) 6:00 a.m. to noon on Saturdays and noon to 6:00 p.m. on Sundays. In this case the normal hours of operation of the farmers’ market (7:00 a.m. to 11:00 a.m.) would be the allowable hours for the city temporary liquor license also. Staff has prepared Ordinance No. 8436, amending City Code Section 4-117 to allow sales at farmers’ markets to occur during the hours approved by the State permit.

Following adoption of Ordinance No. 8436 on first and second reading, presentation of the proper State license and meeting other requirements of the city code, the City Clerk’s Office will grant a temporary liquor license to the applicant, subject to the conditions of the state permit.

ACTION:       Adopt on first reading Ordinance No. 8436, amending Section 4-117 of the City Code to allow sale at retail of alcoholic liquor at farmers’ markets as authorized by Kansas law.