Memorandum

City of Lawrence

City Manager’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 Ernie Shaw, Interim Director of Parks and Recreation
DATE:	May 20, 2010
RE:	Alcohol on Public Property

Sections 4-105 and 4-203 of the City Code prohibit the possession and consumption of alcoholic liquor and cereal malt beverage on public property. Certain exceptions to that prohibition are made in sections 4-105(D) and 4-203(C), and the City Commission may exempt, by ordinance, other specified city property from the prohibition. These exemptions are made on a regular basis (fifteen times in 2009) for block parties and other events downtown, events in city parks and recreation facilities such as weddings and festivals, at the Lawrence Public Library for fundraisers, and for sidewalk dining and hospitality areas downtown.

Ordinance No. 8515 writes regular exemptions into the Code for the Lawrence Public Library, Parks and Recreation facilities, and City Commission approved sidewalk dining and hospitality areas. The effect of this ordinance would be that the city would no longer have to expend resources to draft, adopt, and publish ordinances for each of these exemptions which are already regularly granted by the City Commission.

Possession and consumption of alcohol at the Library will only be allowed pursuant to rules and regulations of the Library. The Library will create rules and regulations regarding the granting of permission to possess and consume alcohol at the Library. The only occasions in which the Library intends to allow possession and consumption would be during fundraisers and similar events, and not as a part of regular operations.

The Parks and Recreation Department currently issues an Alcohol Permit when alcoholic liquor or cereal malt beverages are requested for an event at one of the facilities where they are currently allowed by the Code. At all other locations an ordinance must also be adopted to allow possession and consumption on public property. Ordinance No. 8515 allows the Parks and Recreation Department to issue permits for the possession and consumption of alcoholic liquor and cereal malt beverages during events and with a permit at all facilities, without needing to also adopt an ordinance.  

Sidewalk Dining and Hospitality Licenses must be approved by the City Commission. As part of that process, when a licensed premise requests a Sidewalk Dining and Hospitality License, the City Commission currently also adopts an ordinance allowing alcoholic beverages on the portion of the right-of-way that is used for the sidewalk dining and hospitality area. Subsequent to the adoption of Ordinance No. 8515, adoption of an ordinance to allow possession and consumption in each new sidewalk dining and hospitality area will no longer be necessary. If the City Commission desires to grant a sidewalk dining license but not allow possession and consumption of alcohol in the sidewalk dining area, the city can condition the site plan or right-of-way agreement to prohibit it.   

ACTION:      Adopt on first reading, Ordinance No. 8515, amending Sections 4-105 and 4-203 of the City Code pertaining to alcoholic liquor and cereal malt beverages at the Lawrence Public Library, Parks and Recreation facilities, and sidewalk dining and hospitality areas.