Memorandum

City of Lawrence

City Clerk’s Office

To:	David L. Corliss, City Manager
From:	Jonathan Douglass, Assistant to the City Manager/City Clerk
CC:	Toni Wheeler, Director of Legal Services
Date:	March 25, 2010
Re:	Public Hearing for Tour of Lawrence Alcohol Distance Restriction Waiver

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 2010 Tour of Lawrence bicycle events on July 2^nd – 4^th.  CVB is requesting temporary liquor sales on July 2^nd from 6:00 pm until midnight and on July 4^th from noon until 9:00 pm. Some portions of the area designated for the sale, possession, and consumption of alcoholic beverages will be within 400 feet of the Lawrence Life Fellowship, 911 Massachusetts; Plymouth Congregational Church, 925 Vermont; Trinity Episcopal Church, 1011 Vermont; First United Methodist Church, 946 Vermont; Lawrence Christian Center, 1031 New Hampshire; and, the Salvation Army, 946 New Hampshire.  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 March 15^th, staff sent a letter to the appropriate churches notifying them of the April 20^th public hearing, and a Notice of Public Hearing was published in the Lawrence Journal World on March 19, 2010.  In the past, 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 have received no comments from any churches listed above 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 No. 8502 for consideration and approval. This ordinance, if adopted would allow the temporary sale, possession, and consumption of alcoholic beverages on July 2^nd from 6:00 pm until midnight and on July 4^th from noon until 9:00 pm in the designated areas.  

Actions: Conduct public hearing; find that the proximity of the temporary event is not adverse to the public welfare or safety and approve the distance restriction waiver, if appropriate.  

Adopt, on first reading, Ordinance 8502, authorizing the temporary sale, possession and consumption of alcoholic beverages on the specified city property.