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HomeMy WebLinkAboutX-E-01 DBA Music Series City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 20, 2022 Item: DBA Music Series Council Action Requested: If City Council desires to allow expansion of the premises to enable open consumption during the DBA Music Series, it should refer the subject to City staff, DBA, and 5 bars/restaurants to work through details for a future City Council meeting. Background Information: During its May 2 meeting, the City Council approved designation of the Downtown Business Association (DBA) Music Series as a special event for 6/3, 6/17, 7/1, 7/29, 8/12, 8/26, 9/9, 9/23, and 10/7. The approved special event designation included several conditions: • Street closure of the first block of 2nd Street East between the bridge and Sibley Street; area barricaded from 4 pm to 11 pm for the event. • DBA will use their own road barricades and volunteers to set-up and take-down, ensuring both ends of 2nd Street include highly visible and appropriate barricades/signage. • DBA will post “no parking” signs 24 hours prior to the event. HPS will tag/tow any cars in the restricted area starting at 4 pm. • Businesses serving alcohol must provide appropriate signage “No Alcohol Beyond This Point” or similar to discourage open containers off their premises. Businesses should emphasize open container prevention by existing or additional staff. • City and DBA will monitor effectiveness of traffic management plan and impacts. If deficiencies are noted or concerns raised, the City reserves the right to require the DBA to apply additional traffic management in the future. • DBA will provide insurance certificate naming the City as an additional insured. These requirements are consistent with state and city laws limiting public consumption and requiring that alcohol be consumed on the premises of the licensed (and insured) establishment. This is also the basic reasoning behind making sure that the sidewalk cafes and parklets are clearly defined areas as part of the licensed (and insured) premises. These are also consistent with requirements for liquor licensing, insurance, site security, traffic management, and neighborhood impact for other special events of similar size. X-E-01 Subsequent to approving the event, the City Council requested that this be revisited – particularly with interest to potentially allowing public consumption in the street and sidewalk within the special event area. As a basic framework, we could enlarge the footprint of the premises for each of the 5 restaurants/bars adjacent to the special event area – such that each individual premises is comprised of its building, its sidewalk café, its parklet, and the designated event space. In this manner, the common event space (within the fenced off block of E. 2nd St. between the bridge and Sibley St.) would be part of the licensed premises for all 5 of the restaurants/bars. They could serve and their customers could consume alcohol anywhere within their licensed footprint. Customers would not be able to take an open container out of the event area (for example, finishing a drink while walking to their car or home). Because the licensed premises must be compact and contiguous, this would only work for the 5 adjacent restaurants/bars. Customers of restaurants/bars a block away would not be able to carry a “take-out” alcoholic beverage from off-site to the special event area. Staff also recommend that the public not be allowed to bring personal coolers into the event. Because of the importance of limiting sales and consumption to within the event area, the fence/barricades delineating the area would need to direct foot traffic to specific entry/exit gates. Staff recommends the gates be monitored to ensure alcohol beverage don’t migrate in or out of the licensed (and insured) premises. Increasing the intensity of the special event may also necessitate traffic management, grounds clean-up, server training, signage. If the City Council is interested in allowing expansion of the premises to enable open consumption during the DBA Music Series, it should refer the subject to City staff, DBA, and 5 bars/restaurants to work through details for a future City Council meeting. Financial Impact: Not applicable Committee Discussion: City Council approved special event designation 5/2/2022 Attachment: Not applicable X-E-01