HomeMy WebLinkAbout40. 22-545DECEMBER 13, 2022 22-545 RESOLUTION
(CARRIED________LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE DESIGNATED OUTDOOR REFRESHMENT AREA
(DORA) FOR THE DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT (BID) AREA
INITIATED BY: BID
WHEREAS, the Common Council by Ordinance 22-271 adopted on June 28, 2022
modified Section 17-7 of the City’s Municipal Code to allow for the creation of a
Designated Outdoor Refreshment Area (DORA) to permit the carrying of open containers
and consumption of alcoholic beverages within the boundaries of a DORA, during such
times and under such conditions as the Council may specifically permit; and
WHEREAS, on June 28, 2022, Council adopted Resolution 22-272, granting a
request by the Downtown Business Improvement District to create a DORA District to
allow for alcoholic beverages to be consumed outdoors within an area generally around
the North Main Street downtown area; and
WHEREAS, the Council finds that it is reasonable to create an exception to the
open intoxicants ordinance within the area requested under the conditions specified
below.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that pursuant to Section 17-7 of the City of Oshkosh Municipal Code permitting
the Common Council to create exceptions to the prohibition on open intoxicants on public
rights of way, there is hereby created a Designated Outdoor Refreshment Area (DORA)
permitting the carrying and consumption of open intoxicants as an exception to Section
17-7 of the City of Oshkosh Municipal Code in compliance with the following conditions:
The boundaries of the Designated Outdoor Refreshment Area (DORA) shall
be defined as shown on the attached Exhibit A “Downtown DORA
District”.
The exception to the open intoxicants ordinance shall only permit the
carrying and consumption of alcohol beverages within the boundaries of
the District during the hours of 1 pm to 10 pm on Wednesdays through
Saturdays.
DECEMBER 13, 2022 22-545 RESOLUTION
CONT’D
That this exception shall not apply on the following dates (open intoxicants
shall not be permitted on the following dates):
The first Saturdays in April and October, and any other day(s)
designated by the City Manager
As specified in Section 17-7 carrying and consumption of open intoxicants
within the DORA is limited to sidewalks and other portions of the public
right of way not open to vehicular traffic including crosswalks or other
pedestrian crossing areas 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 under Chapter 5
of the City Municipal Code.
The carrying and consumption of open intoxicants shall not be permitted
within or upon the property of the City of Oshkosh Transit Center located
at 110 Pearl Avenue.
The exception shall not permit the possession or consumption of
intoxicating liquor or fermented malt beverages in or on parking lots or
premises held out to the public for use of motor vehicles; nor upon any
private property without permission of the owner or occupant.
The exception shall not permit the possession or consumption of any
intoxicating liquor or fermented malt beverages in violation of the
provisions of state statutes or other municipal codes, including but not
limited to the possession or consumption of alcohol beverages on a licensed
premises which were not purchased at that premises, possession or
consumption of alcohol beverages on premises without a license that are
open to the public, possession or consumption by underage persons or any
other violation.
All alcohol beverages sold by individual servings for removal from a
licensed premises for consumption within the DORA shall be served in
unbreakable transparent or semi-transparent containers, except the
beverages may be served or possessed in their original
packaging/containers if those containers are not breakable (plastic or cans).
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.
The City shall retain the right to suspend or terminate the DORA at any
DECEMBER 13, 2022 22-545 RESOLUTION
CONT’D
time when in the judgment of the City or the City’s representatives,
specifically the City Manager or Chief of Police of the City of Oshkosh, such
action is necessary in the interest of public safety or to address issues and
concerns that may arise in relation to the DORA, including but not limited
to non-compliance of businesses/patrons with the conditions of this
resolution, trash and debris or disorderly conduct associated with the
operation of the DORA district. Such suspension or termination shall be
promptly reported to the Common Council who may review the
suspension or termination at a Council Meeting upon the request of any
member of the Council.
The City will be responsible for the additional costs of carrying out this
program including, for example, additional police patrols and additional
refuse collection.
TO: Honorable Mayor & Members of the Common Council
FROM: Mark Rohloff, City Manager
DATE: December 8, 2022
RE: Approve Designated Outdoor Refreshment Area (DORA) for
Downtown BID
BACKGROUND
In June 2022, council adopted a municipal code amendment to allow for the creation of a
Designated Outdoor Refreshment Area (DORA) as an exception to our restrictions on
alcoholic beverage consumption in public areas. Council approved a specific pilot project
for a DORA district in the downtown area. Following the end of the pilot project, I met
with representatives of the BID to review the 2022 DORA season and discuss their plans
for 2023. Overall, the first year of the DORA proved to be successful, with no incidents
to report from the Police Department. Based on this experience, special Police staffing for
the DORA was suspended after Labor Day. Although there have been a few complaints
about trash, these are typically identified after a full evening of activity in the downtown
area, and cannot be directly attributed to DORA.
ANALYSIS
Based on the success of the first year under the pilot program, the BID is asking that the
DORA season for 2023 begin on April 1 and continue year around thereafter. Because of
the interest in events in the downtown area both during the week and on weekends, the
BID is also asking that the DORA be authorized from Wednesday through Saturday
nights, at a single consistent time period of 1 PM to 10 PM. This will not conflict with the
Saturday Farmers Market, and will allow the DORA to be used during a Wednesday
night concert series in the summer, Waterfest, and other Saturday special events such as
Oshkosh Jazz Fest. Ultimately, there is a goal of hosting winter events, so extending the
DORA throughout the year is something they would like to pursue.
Chief Smith believes that the downtown DORA, as currently presented, does not
represent a public safety concern at this time. With that said, staff reserves the right to
restrict a DORA, under certain circumstances, including during family oriented events,
such as the holiday parade. We will work with the BID to identify these potential
restricted dates and times.
FISCAL IMPACT
Police Chief Smith believes that under current circumstances, no special detail is
necessary for DORA, so no fiscal impact is anticipated. The BID will continue to work
with a local agency to coordinate special trash pick-ups if needed, so there are no
expected costs at this time.
Respectfully submitted,
Mark Rohloff
City Manager
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Document Path: H:\jeffn\Arc Map Projects\BID Maps\DORA Map.mxd
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