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:	April 15, 2010
Re:	Public Hearing for Tour of Lawrence Alcohol Distance Restriction Waiver

Introduction

The Lawrence Convention & Visitors Bureau (CVB) has requested a temporary permit to serve alcoholic beverages in designated downtown areas related to the 2010 Tour of Lawrence bicycle events on July 2^nd – 4^th.  The CVB is requesting temporary liquor sales on July 2^nd from 6:00 p.m. until midnight and on July 4^th from noon until 9:00 p.m. 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 schools and 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.  As of the date of this memo, comments have been received from Pastor Gabe Alvarado with Lawrence Life Fellowship, who did not object to the event but requested that event organizers designate someone to walk the area and pick up any litter from their event. 

In addition, because this temporary event will occur on city property on which the possession and consumption of alcoholic liquor is generally prohibited by City Code, pursuant to City Code section 4-105, an ordinance authorizing the temporary possession and consumption on public property is required.  I have attached a copy of Ordinance No. 8502 for consideration and approval. This ordinance, if adopted, would allow the temporary possession and consumption of alcoholic liquor on July 2^nd from 6:00 p.m. until midnight and on July 4^th from noon until 9:00 p.m. 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 No. 8502, authorizing the temporary possession and consumption of alcoholic liquor on the specified city property.