Memorandum

City of Lawrence

City Clerk’s Office

TO:	David L. Corliss, City Manager
FROM:	Jonathan Douglass, Assistant to the City Manager/City Clerk
DATE:	May 5, 2011
RE:	Distance Limitation Waiver Hearing – Various Events Downtown

City Code prohibits the sale of alcohol within 400’ of a school or church, unless the following steps are taken:

· The affected churches or schools are given 30 days notice of a public hearing to consider a distance restriction waiver;

· A public hearing is held before the City Commission;

· The City Commission finds that the proximity of the sale of alcohol is not adverse to the public welfare or safety; and

· The City Commission grants a distance limitation waiver (sections 4-113 and 4-206 of the City Code).

There are various events in the downtown area in the planning stages which wish to incorporate the temporary sale of alcohol, whose locations are within of 400’ of various churches. City staff has notified the affected churches that there will be a public hearing regarding the sale of alcohol associated with these events during the May 10, 2011, City Commission meeting. The events are:

· Arts Center Street P’Arty, May 27-28, 900 block of New Hampshire

· St John Mexican Fiesta, June 24-25, South Park (west side)

· Americana Music Festival, June 25, South Park (east side)

· Tour of Lawrence, July 1-3, various locations downtown

· KC MS 150, September 17-18, South Park (both sides)

The possession and consumption of alcohol on the public right-of-way is generally prohibited unless an ordinance exempting the property from the prohibition is adopted by the City Commission (section 4-105 of the City Code). Portions of four of the events listed above take place on city streets which are not presently exempted from the prohibition; therefore staff has prepared Ordinance No. 8633, which would exempt those locations from the prohibition during the time of the specified events.

ACTIONS:      Hold a public hearing; find that the proximity of the sale of alcohol for the Arts Center Street P’Arty, the Americana Music Festival, the Mexican Fiesta, the Tour of Lawrence, and the KC MS 150 is not adverse to the public welfare or safety; and grant distance limitation waivers for the temporary events, if appropriate.

                   Adopt on first reading, Ordinance No. 8633, allowing the possession and consumption of alcoholic liquor on certain public right-of-way for the Arts Center Street P’Arty, the Mexican Fiesta, the Tour of Lawrence, and the KC MS 150, if appropriate.