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HomeMy WebLinkAbout25. 22-271 JUNE 28, 2022 22-271 ORDINANCE FIRST READING (CARRIED__5-2____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND CITY ORDINANCE PERTAINING TO CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS /PARKING LOTS TO ALLOW FOR OPEN INTOXICANTS WITHIN A DESIGNATED OUTDOOR REFRESHMENT AREA (DORA) INITIATED BY: PER THE REQUEST OF DOWNTOWN BID DISTRICT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-7 CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS /PARKING LOTS WHEREAS, the City of Oshkosh has an ordinance requiring consumption of beverages purchased by the glass or in open containers on the licensed premises and prohibiting the carrying and consumption of alcohol beverages in open containers on the streets and sidewalks within the City; and WHEREAS, the Downtown Business Improvement District requested an exception be created to the City’s open intoxicants ordinance for a pilot program to allow for alcoholic beverages to be consumed outdoors within the downtown area within a Designated Outdoor Refreshment Area to be created by the City; and WHEREAS, the Council finds that it is reasonable to create an exception to the open intoxicants ordinance for the purpose of a pilot program within the boundaries of a downtown Designated Outdoor Refreshment Area (DORA) under the conditions specified below. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 17-7 of the Oshkosh Municipal Code pertaining to Consumption or Possession of Intoxicants on Streets, Sidewalks and Parking Lots is hereby amended to read as shown on the attachment to this Resolution. JUNE 28, 2022 22-271 ORDINANCE FIRST READING CONT’D SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #22-271 on June 28, 2022, AMEND CITY ORDINANCE PERTAINING TO CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS /PARKING LOTS TO ALLOW FOR OPEN INTOXICANTS WITHIN A DESIGNATED OUTDOOR REFRESHMENT AREA (DORA) (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-7 CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS /PARKING LOTS). The ordinance makes amends the City’s ordinance prohibiting the carrying and consumption of open intoxicants on the City’s streets, sidewalks and in parking areas to permit the carrying and consumption of open intoxicants within a Designated Outdoor Refreshment Area (DORA) to be created by the Common Council within the boundaries of a DORA, during such hours and under such conditions as the Council may determine by separate Resolution. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236- 5011. POPLAR AV WAUGOO AV OTTER AV E PARKWAY AV COMMERCE ST MERRITT AV NEBRASKA ST W PARKWAY AV WRIGHT ST BAY SHORE DR BAY ST DIVISIO N S T NORTHWESTERN AV HUDSON AV PEA R L AV COURT ST CITY CENTER W5THAV E 7TH AV MARSTON PL W LINCOLN AV BROAD ST IDA AV FULTON AV MT VERNON ST GRAND ST CHURCH AV SCHOOL AV RIV E RW AY D R B R O W N ST M ARKE T ST CENTRAL ST FREDERICK ST AMHERST AV UNION AV MARION RD W7TH AV W 6TH AV MO NROE ST PLEASANT ST MADISON STJEFFERSON ST OXFORD AV DALE AV PIO NEER DR FRANKLIN ST STATE ST DIVISION ST BROAD ST CEAPE AV E IRVING AV W IRVING AV WASHINGTON AV JACKSON ST ALG O M A BLVD OREGON ST HIG H AV N MAIN ST S MAIN ST Exhibit A 0 200 400 600100 Feet ² Fox River City Center Opera House Square Oshkosh Premier Waterfront Hotel Oshkosh Convention Center Transit Center Oshkosh Public Library Riverside Park Shops at City Center Grand Opera House Document Path: H:\jeffn\Arc Map Projects\BID Maps\DORA Map.mxd P-01 P-02 P-03 P-05 P-06 P-07 P-09 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-01 P-02 P-03 P-05 P-06 P-07 P-09 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 300 West Lot Convention Center North 400 East Lot Grand South Lot Hotel Ramp Library Lot Otter Lot 200 East Lot 200 West Lot Recreation Dept. Lot Convention Center East State Lot 300 East Lot 400 West Lot 500 West Lot Leach Lot 115 Algoma Blvd. 110 State St. 443 Jefferson St. 125 High Ave. 95 Commerce St. 106 Washington Ave. 115 Otter Ave. 205 State St. 10 Pearl Ave. 425 Division St. 201 Ceape Ave. 306 State St. 17 Washington Ave. 17 Church Ave. 20 Church Ave. 303 Ceape Ave. Leach Amphitheater TO: Honorable Mayor & Members of the Common Council FROM: Mark Rohloff, City Manager DATE: June 23, 2022 RE: Proposed Ordinance to Permit Consumption of Intoxicants in “DORA” Area BACKGROUND At the May 24, 2022 Council meeting, Jessica Meidl from the Downtown Business Improvement District (BID) made a presentation on a proposal to create what is known as a Designated Outdoor Refreshment Area (DORA). If adopted, this proposal would permit the consumption of intoxicants in a DORA area as designated by Council. The BID has proposed a pilot project for a period from Memorial Day (since amended to a start date beginning after adoption) through the weekend of the final outdoor Farmers’ Market of the 2022 season. ANALYSIS Staff has reviewed the request to consider relevant issues regarding the formation of the proposed DORA, and subsequently met with BID representatives to discuss staff’s concerns and suggestions for a proposed DORA pilot project. There are several areas of concern that staff has reviewed, and the ordinance as proposed reflects the views of staff on how the ordinance should be drafted and administered. Dates and Times Staff expressed initial concerns about extending the DORA past Labor Day weekend, when the UW Oshkosh academic year begins. After discussing concerns and ways to work around issues as they arise, staff believes that it will be able to manage a DORA through the end of the outdoor Farmers Market season (approximately October 29). Staff has insisted on blackout dates that coincide with what is traditionally the unofficial “Pub Crawl” event in the UW Oshkosh area. Staff also agreed that DORA dates can be suspended or the program may be suspended or ended at the discretion of the City Manager or Police Chief based on any issues related to public health and safety that may arise. Such decisions would be subject to appeal to Council. As for times, we agreed that 5-9 PM on Thursdays and Fridays and 10 AM to 9 PM on Saturdays would be appropriate times. Police felt that extending the DORA hours after sundown could present enforcement challenges. Staffing Chief Smith has reviewed patrol issues associated with downtown entertainment districts, and believes that a minimum of 2 officers should be assigned to a DORA to ensure public and officer safety. For Thursdays and Friday, police will staff the entire 5-9 PM timeframe; for Saturdays, police will staff beginning at 3 PM. The proposed costs are summarized in the “Fiscal Impact” section below. As for clean-up, staff has communicated its expectation that the BID will take responsibility to make sure its members keep streets cleaned up and trash containers emptied as needed at the end of every DORA evening. The BID has enlisted the assistance of a non-profit group to assist in clean up on Friday and Monday mornings. Should this assistance not be sufficient, city staff may need to clean the area itself, after which the BID will be billed for this additional service. If the problem persists and/or clean-up costs are not paid, the city reserves the right to suspend the DORA designation. Special Events and Potential Conflicts Staff believes that if the DORA is created, it will be easier for the public to understand the rules if we allow the DORA boundary and hours remain in effect during special events occurring at a time concurrent with the DORA. Special Events staff has made downtown special event applicants aware of this possibility and that they should plan accordingly should the DORA be established. Several events are planning with the DORA in mind. Enforcement of DORA Rules and Carrying of Containers with Intoxicants The Police Department is interested in minimizing enforcement issues and accompanying potential conflicts. They believe that easily understood container rules will help achieve this objective. As identified in the ordinance, the use of transparent/semitransparent cups or original non-glass containers will minimize enforcement conflicts and can be easily understood. The BID may want to create promotional cups, and staff has no objections provided that they are consistent with these container rules. These rules are generally consistent with rules for consumption at public parks and special Class “B” licenses. Signage Education will be key towards successful enforcement, and towards that end, the BID will work with establishments to post signage with DORA boundaries and rules on doors/windows so that customers know how a DORA works. The Street Sign Division will look into changing signs in parking lots to emphasize that consumption in public parking lots and the Transit Center is prohibited. DORA Boundary After many discussions, BID representatives and staff could not reach a consensus on the proposed DORA area. The two boundary proposals are as follows: 1. Staff recommends using the existing BID area as the DORA boundary. Staff believes that the city will be able to hold a group such as the BID more accountable for issues that arise. Furthermore, the BID is an area that exists for economic development purposes. This being a pilot program, staff is also concerned that using any other area will open up DORA’s for unlimited expansion after the pilot project ends. The smaller area will enable us to determine criteria for other DORA areas should the pilot program prove to be successful. 2. BID has suggested an area of the current BID, plus the extension of the east and west boundary parallel to the 600 block of Main Street (Division and Jefferson streets) and partially into the 700 block. The BID believes that the additional area contains contiguous, like businesses that are compatible with the BID and proposed DORA. BID believes that the proposed area is also consistent with the recently created Downtown Oshkosh Neighborhood Area (DONA). Aside from this basic boundary issue, staff is recommending that parking lots be excluded from the DORA, regardless of which area is selected; this restriction should also be applied to the Transit Center. The BID also suggested that the Leach Amphitheater be included. However, with The Leach adjacent to Riverside Park, the Riverwalk, and the BID District, people may leave/walk up to Leach with a drink, so there is no need to add The Leach past the BID boundary. For purposes of review, the draft ordinance has identified the BID boundary for the pilot DORA area (Exhibit A). Council may substitute the map shown on Exhibit B as proposed by the BID Board if Council prefers an expanded pilot DORA area. Timing to Implement Should Council adopt on first reading, the earliest effective date for a DORA is July 7 based on newspaper publication dates. The BID anticipates being ready for implementation by July 15 for the effective date. FISCAL IMPACT Police Chief Smith recommends that two additional officers be dedicated on an overtime basis to patrol the DORA from 5-9 PM on Thursdays and Fridays, and from 3-9 PM on Saturdays. This additional overtime cost is not budgeted and is estimated to cost as much as $30,000 for the upcoming season. The BID has stated that they do not have sufficient funds to support this staffing, and do not believe that it will be necessary. I support Chief Smith’s recommendation as a precaution for this new area. Staff would propose that the City fund these additional costs through the pilot period, after which we can review the costs and benefits of this staffing level. If approved by Council, staff will follow up with a budget adjustment to appropriate additional funds to the Police Department for this unbudgeted expense. RECOMMENDATION Staff recommends that if the Council chooses to proceed with a pilot DORA project, that it adopt the attached ordinance with the limitations contained in the accompanying ordinance and resolution, and as summarized in the above “Analysis” section. The remaining unresolved issue is the proposed DORA boundary. Staff recommends that the proposed DORA district mirror the current BID boundary, minus public parking lots and the downtown transit center. This boundary is shown as “Exhibit A” accompanying the proposed ordinance. If Council wishes to proceed with the expanded are as proposed by the BID, then a motion to substitute attached “Exhibit B” would be in order. Staff also recommends that the Council fund the additional police overtime for the pilot period, given that the Police Chief believes that this precaution is appropriate and necessary for public safety. Respectfully Submitted, Mark Rohloff City Manager POPLAR AV WAUGOO AV OTTER AV E PARKWAY AV COMMERCE ST MERRITT AV NEBRASKA ST W PARKWAY AV WRIGHT ST BAY SHORE DR BAY ST DIVISIO N S T NORTHWESTERN AV HUDSON AV PEA R L AV COURT ST CITY CENTER W5THAV E 7TH AV MARSTON PL W LINCOLN AV BROAD ST IDA AV FULTON AV MT VERNON ST GRAND ST CHURCH AV SCHOOL AV RIV E RW AY D R B R O W N ST M ARKE T ST CENTRAL ST FREDERICK ST AMHERST AV UNION AV MARION RD W7TH AV W 6TH AV MO NROE ST PLEASANT ST MADISON STJEFFERSON ST OXFORD AV DALE AV PIO NEER DR FRANKLIN ST STATE ST DIVISION ST BROAD ST CEAPE AV E IRVING AV W IRVING AV WASHINGTON AV JACKSON ST ALG O M A BLVD OREGON ST HIG H AV N MAIN ST S MAIN ST Exhibit A 0 200 400 600100 Feet ² Fox River City Center Opera House Square Oshkosh Premier Waterfront Hotel Oshkosh Convention Center Transit Center Oshkosh Public Library Riverside Park Shops at City Center Grand Opera House Document Path: H:\jeffn\Arc Map Projects\BID Maps\DORA Map.mxd P-01 P-02 P-03 P-05 P-06 P-07 P-09 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-01 P-02 P-03 P-05 P-06 P-07 P-09 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 300 West Lot Convention Center North 400 East Lot Grand South Lot Hotel Ramp Library Lot Otter Lot 200 East Lot 200 West Lot Recreation Dept. Lot Convention Center East State Lot 300 East Lot 400 West Lot 500 West Lot Leach Lot 115 Algoma Blvd. 110 State St. 443 Jefferson St. 125 High Ave. 95 Commerce St. 106 Washington Ave. 115 Otter Ave. 205 State St. 10 Pearl Ave. 425 Division St. 201 Ceape Ave. 306 State St. 17 Washington Ave. 17 Church Ave. 20 Church Ave. 303 Ceape Ave. Leach Amphitheater POPLAR AV WAUGOO AV OTTER AV E PARKWAY AV COMMERCE ST MERRITT AV NEBRASKA ST W PARKWAY AV WRIGHT ST BAY SHORE DR BAY ST DIVISIO N S T NORTHWESTERN AV HUDSON AV PEA R L AV COURT ST CITY CENTER W5THAV E 7TH AV MARSTON PL W LINCOLN AV BROAD ST IDA AV FULTON AV MT VERNON ST GRAND ST CHURCH AV SCHOOL AV RIV E RW AY D R B R O W N ST M ARKE T ST CENTRAL ST FREDERICK ST AMHERST AV UNION AV MARION RD W7TH AV W 6TH AV MO NROE ST PLEASANT ST MADISON STJEFFERSON ST OXFORD AV DALE AV PIO NEER DR FRANKLIN ST STATE ST DIVISION ST BROAD ST CEAPE AV E IRVING AV W IRVING AV WASHINGTON AV JACKSON ST ALG O M A BLVD OREGON ST HIG H AV N MAIN ST S MAIN ST Exhibit B 0 200 400 600100 Feet ² Fox River City Center Opera House Square Oshkosh Premier Waterfront Hotel Oshkosh Convention Center Transit Center Oshkosh Public Library Riverside Park Shops at City Center Grand Opera House Document Path: H:\jeffn\Arc Map Projects\BID Maps\DORA Map.mxd P-01 P-02 P-03 P-05 P-06 P-07 P-09 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-01 P-02 P-03 P-05 P-06 P-07 P-09 P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 300 West Lot Convention Center North 400 East Lot Grand South Lot Hotel Ramp Library Lot Otter Lot 200 East Lot 200 West Lot Recreation Dept. Lot Convention Center East State Lot 300 East Lot 400 West Lot 500 West Lot Leach Lot 115 Algoma Blvd. 110 State St. 443 Jefferson St. 125 High Ave. 95 Commerce St. 106 Washington Ave. 115 Otter Ave. 205 State St. 10 Pearl Ave. 425 Division St. 201 Ceape Ave. 306 State St. 17 Washington Ave. 17 Church Ave. 20 Church Ave. 303 Ceape Ave. Leach Amphitheater SECTION 17-7 CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS/PARKING LOTS (A) No person shall possess or consume any intoxicating liquor or fermented malt beverage while in or upon any public street, alley, sidewalk, highway, premises held out to the public for use of their motor vehicles all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. This section is not intended to apply to private parking areas at single family residences nor to areas designated as beer gardens pursuant to Chapter 4 of this municipal code. (B) Except as specifically permitted by and in compliance with State Statutes or as permitted under (C) below, all purchases of alcoholic or fermented malt beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed to public rights of way, thoroughfares, streets, sidewalks or parking lots in the City. (C) Notwithstanding the provisions of subsections (A) and (B) above, Persons may possess intoxicating liquor and fermented malt beverages on sidewalks and other portions of the public right of way not open to vehicular traffic within an officially Designated Outdoor Refreshment Area (DORA) within such boundaries and during such hours as specified by Resolution of the Common Council, including that portion of any public right of way, street, alley or highway within the DORA area that is included in crosswalk or other pedestrian crossing area while persons are lawfully crossing the street, alley or highway; and public rights of way, streets, alleys, sidewalks and highways that are closed to the public for a Special Event approved under the provisions of Chapter 5 of the City of Oshkosh Municipal Code. Beverages sold within a DORA shall comply with state law requirements regarding sealed containers. In addition, all alcohol beverages sold within a DORA for removal from a licensed premises shall be served in transparent or semi-transparent containers, except the beverages may be served or possessed in their original packaging/containers (see 125.32 and 125.68 for labeling and packaging regulations for alcohol beverages). Beverages sold or possessed in glass containers shall not be permitted to be opened or consumed on the public right of way, streets, alleys, highways or parking lots open to the public. SECTION 17-7 CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS/PARKING LOTS [LL1] (A) No person shall possess or consume any intoxicating liquor or fermented malt beverage while in or upon any public street, alley, sidewalk, highway, premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. This section is not intended to apply to private parking areas at single family residences nor to areas designated as beer gardens pursuant to Chapter 4 of this municipal code. (B) Except as specifically permitted by and in compliance with State Statutes or as permitted under (C) below, Aall purchases of alcoholic or fermented malt beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed to public rights of way, thoroughfares, streets, or sidewalks or parking lots in the City[LL2]. (C)[LL3] Notwithstanding the provisions of subsections (A) and (B) above, Persons may possess intoxicating liquor and fermented malt beverages on sidewalks and other portions of the public right of way not open to vehicular traffic within an officially Designated Outdoor Refreshment Area (DORA) within such boundaries and during such hours as specified by Resolution of the Common Council, including that portion of any public right of way, street, alley or highway within the DORA area that is included in crosswalk or other pedestrian crossing area while persons are lawfully crossing the street, alley or highway; and public rights of way, streets, alleys, sidewalks and highways that are closed to the public for a Special Event approved under the provisions of Chapter 5 of the City of Oshkosh Municipal Code. Beverages sold within a DORA shall comply with state law requirements regarding sealed containers. In addition, all alcohol beverages sold within a DORA for removal from a licensed premises shall be served in transparent or semi-transparent containers, except the beverages may be served or possessed in their original packaging/containers (see 125.32 and 125.68 for labeling and packaging regulations for alcohol beverages). [LL4]Beverages sold or possessed in glass containers shall not be permitted to be opened or consumed on the public right of way, streets, alleys, highways or parking lots open to the public.