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:	Ernie Shaw, Interim Director of Parks and Recreation Ron Olin, Chief of Police
DATE:	June 11, 2010
RE:	Americana Music Festival – Alcohol Public Hearing

The Americana Music Academy is proposing a music festival, selling alcohol and food at South Park on Sunday, June 27, 2010 from noon to 10:00 pm. Because the temporary event will be within 400 feet of the Trinity Lutheran Church, 1245 New Hampshire, Thom Alexander, 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 and Pastor Gary Teske, Trinity Lutheran Church, was personally notified of the public hearing. Trinity Lutheran Church has not objected to the sale of alcohol at the festival.  We have received no other public comments on this waiver request. 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.”

Thanks to the City Commission’s adoption of Ordinance No. 8515 a few weeks ago, adoption of an ordinance to allow this temporary possession and consumption of alcohol in the park (pursuant to a permit from the Parks & Recreation Department) is not required.

Action:           Hold public hearing. Find that the proximity of the Americana Music Festival and the temporary sale, possession and consumption of alcoholic beverages, is not adverse to the public welfare or safety and approve the distance restriction waiver request, if appropriate.