Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, July 22, 2021 Committee Members Present: Committee Members Absent: Commissioner Allison Wright, Chair Commissioner Jesse Houle Commissioner Carol Myers Commissioner Mariah Parker Commissioner Ovita Thornton Staff: Blaine Williams, Manager Andrew Saunders, Central Services Niki Jones, Assistant Manager Gavin Hassemer, Central Services Sherrie Hines, Chief Assistant Attorney Angel Helmly, Central Services Deputy Chief Harrison Daniel, Police Department Lieutenant Phil Basinger, Police Department Captain Aubrey Epps, Police Department Sarah George, Recorder Commissioner Wright called the meeting to order at 1:05 p.m. A. Approval of Minutes: Commissioner Thornton made a motion to approve the May 20, 2021 minutes. Commissioner Parker seconded. The motion passed unanimously. Commission Identified Items of Interest: B. Review and make recommendations regarding current alcohol serving opportunities for Special Events on public properties and public rights-of-way (both free public activities and ticketed events), including flexibility regarding shape and size requirements of drinking areas, food service requirements, furniture requirements, and consideration of the ratio of police officers required per physical size or occupancy, as well as review of areas managed by Leisure Services that may be available for Special Events that serve alcohol. (Mayor Girtz assigned to LRC on February 4, 2020) Niki Jones introduced the topic and summarized past discussion. He explained that, after the last meeting, staff prepared a draft redlined ordinance for the Committee to review, and they believe it may be better served as a pilot program. Sherrie Hines reviewed the draft redlined ordinance with the Committee. She explained that the document was the result of significant staff effort to try to think of all possible unintended consequences that could result from these changes. Hines noted that, rather than drafting something entirely new, staff has taken the existing ordinance and infused language to allow additional options. She explained that there were two feasible options that were identified by staff, which included:  Providing some greater flexibility to what already exists in terms of the size and shape of the special outdoor café area, and  Adding a new concept of a festival zone. She further explained that the concept of the festival zone was based in part on ordinances from the City of Milledgeville and the City of Macon. In the current draft, they have made it essentially a by right application to obtain a festival zone allowance; it is not a situation where someone would have to apply specifically to the Mayor and Commission or to the Manager to get approval to hold a festival. Hines explained that she believed both the City of Milledgeville and City of  Macon do require that level of approval, so it may be something the Committee would want to consider further. Under the previous ordinance, you could only have one special outdoor café area, limited to no more than 300 persons and not exceeding an area greater than 4,000 square feet. Then, you could potentially get an additional special outdoor café area that did not exceed an area of 2,000 square feet. Sherrie Hines explained that they modified that existing language, but, most importantly, there is the additional festival option, which is drafted as an either/or option. If an event sponsor would like to have a special outdoor café area within each city block that is closed for the special event, they can pursue that route, but they would not be able to also have a festival zone. She noted that staff had expressed concerns about how they could manage both types of zones at the same time Sherrie Hines explained that the festival zone is only designed to be authorized when at least two city blocks are going to be closed for a special event, so this option would be for larger events. She explained that there are certain blocks that have been identified by staff and the Police Department as being areas where it is appropriate for us to locate these festival zones. One of the main considerations that staff discussed was where specific blocks were located that would allow for the ends of the block to be closed off to provide a discreet block where people could have open containers that would also allow them to flow freely between the event between vendors and the restaurants or bars that are located within that block. Sherrie Hines advised that this can be done in a number of ways; however, sidewalks could not be blocked off, because they must ensure ADA accessibility as well as accessibility to adjacent businesses regardless of the special event being held. She noted that participants of the festival zone would have to drink out of a special plastic cup that will be designated for the event to prevent people from brining in outside alcohol or glass. Open containers would not be permitted outside of the festival zone. Sherrie Hines explained that staff would like some guidance from the Committee regarding participating businesses. She noted that the Committee may want to consider whether or not they would like to allow participating businesses to provide or sell the designated cups. She also explained that the draft ordinance contains other requirements including boundaries and signage. Wristbands would also be required for participants of the festival zones. Hines reviewed requirements within the ordinance regarding wristbands and noted that the draft language makes it clear that, just because someone is wearing a wristband, it would not alleviate an organization’s responsibility to make sure the person being served alcohol is over the age of 21. Andrew Saunders explained that, in consultation with their public safety partners, staff has determined that there likely is not a need to have furniture within the special outdoor café areas or festival zones as a mandatory requirement but rather as a permitted activity. He noted that staff recommends food continue to be a requirement of outdoor alcoholic beverage consumption, because it is a decent mitigating factor in helping people not get too intoxicated too quickly. Saunders also explained that he believed the ratio of officers is an important logistical requirement. The practice is that there is typically one officer per entry or exit point, and, if there is extensive use of special outdoor café areas or large areas, there may also be a few officers that move throughout the event. He noted that, while this is a cost to event sponsors, it is very difficult to imagine an event without that. With the special outdoor café areas, Andrew Saunders explained that, in consultation with staff, they believe they can create some flexibility. It logistically does not seem to matter whether an event has one 4,000 sq. ft. or two 2,000 sq. ft. special outdoor café areas per block, because it is still highly regulated access. When it comes to festival zones, that access becomes more difficult Legislative Review Committee Meeting Minutes Page 2 072221  to regulate; he noted that this is the reason staff recommends that if a festival zone is used that there not be any additional special outdoor café areas, as it would be a challenging entity to manage to ensure people are not accidentally breaking the law and participants understand the ramifications of leaving the area, even accidentally, with an open beverage. Saunders also explained that the six blocks that were designated a being available for a festival zone were chosen based off of where events happen, where access is easily managed, and where we have complimentary services (like electricity) that event sponsors require. He reviewed the six blocks that were designated with the Committee. Commissioner Myers requested clarification on her understanding that events would only get one festival zone. Andrew Saunders confirmed that was correct. Commissioner Myers requested clarification on how the Twilight Criterium might use this model compared to what they typically would do. Andrew Saunders explained that, because Twilight has such a large footprint and are extensive users of special outdoor café areas, he would be surprised if a festival zone would be a good alternative for them. He further explained that they currently have one 4,000 sq. ft. special outdoor cafés and ten to fifteen 2,000 sq. ft. areas. Under this proposed revision, he noted they could have a mix and match of 4,000 sq. ft. and 2,000 sq. ft. areas under the general terms of the previous ordinance. They would not be required to provide furniture, but they would food. They could continue to distribute these special outdoor café areas around that very large footprint. If they were to select a festival zone, they would forego the distributed model. This would be the event sponsor’s choice. A more likely alternative may be something like AthFest, where there is concentration by the stage, or the St. Patrick’s Day festival. Commissioner Myers also inquired about how this model might work for a restaurant or bar to host one. He also explained that if a restaurant or bar was not located on one of the six designated blocks and would like to sponsor some form of alcohol consumption associated with a special event, they would likely go with the special outdoor café area option. Andrew Saunders explained that, while staff kept our big events in mind, they did not try to write the ordinance customized to any one event, because the ordinance should be good public policy that is available to everyone. That said, he explained that he would not be surprised if an event sponsor reviews the ordinance and expresses happiness about the flexibility of the special outdoor café areas but also dissatisfaction that they would not also be able to have a festival zone. He explained that, especially with the idea that this might be a pilot, staff does not feel comfortable that events could have multiple festival zones in addition to special outdoor café areas, because, even from a patron perspective, it is unclear where open containers were allowed or not allowed. Sherrie Hines also clarified that, in regards to Commissioner Myers’ earlier question, if a bar or restaurant is sponsoring a special outdoor café area in front of their business, under the current ordinance and with this modification, though it gives more flexibility, patrons still cannot take alcohol directly from the bar and walk out to the special outdoor café area. Sherrie Hines also noted that the City of Milledgeville and City of Macon’s ordinances are very restrictive of the types of events that are allowed to use their festival zones. For example, in the City of Milledgeville, a festival is a program of cultural and/or entertainment events open to the general public and taking place either fully or in part on public streets; most importantly, it has to be held in connection with a community festival sponsored by the Main Street Downtown Development Authority, Convention and Visitor’s Bureau, Library, or other public organizations approved by the city. In the City of Milledgeville, festival zones would not be an option if it was just a for-profit event. She further explained that the City of Macon’s ordinance is a little different, but it also focuses on the cultural events requirement and requires it to be approved by their commission. Legislative Review Committee Meeting Minutes Page 3 072221  Commissioner Wrights explained that she would be happy to leave the events with the festival zones available by right rather than requiring approval from Mayor and Commission. She explained that public input may help work around having more than one festival zone, and she expressed concern with the reference to a checkpoint or access point. She explained that she believes the only point participants would need to be checked in for the festival zone is the point before the beer is purchased. Andrew Saunders agreed that, when it comes to checking age, this would need to be associated with distribution and can be done at the point of sale. He explained the reason you would have it is for people that are leaving the zone. There would be signage when upon entering and signage facing the other way before exiting to let participants know that open containers were not allowed beyond that point. Captain Aubrey Epps shared that, from their perspective, they would need some obvious sign that the participant has been vetted for age. Wristbands seemed to be the most practical way to do this, and, subsequently, an officer that passes someone with an open container that is also wearing an armband would have no reason to approach that person other than to say hello or help them with directions. He explained this is the extent of the interaction between community members and law enforcement that they are seeking. Commissioner Wright requested clarification on whether or not they are really just monitoring the departure of that cup and making sure it leaves empty. Captain Aubrey Epps explained that was correct and noted that, if the Commission made the decision to allow free flow from merchants into the festival zone, the armband would also be required. Officers would see the person is of age, the beverage is in the correct vessel, and the only reason to approach that person would be if it was based on that individual’s behavior (unruly behavior, etc.). Commissioner Wright expressed interest in incorporating a canned or koozie version for sustainability and in case the beer is not draft. Andrew Saunders explained that staff had expressed concern was with the approved product. Cans could easily be brought into the festival zone from home, and having an approved container would make it easier for remote enforcement without worrying about people passing beverages in and out. He also noted that it is his understanding that plastic cups are used now within special outdoor café areas, so it not a significant departure from current practice. Saunders explained that Commissioner Wright is correct in that we would like to move towards aluminum; however, it is an increased cost for the company that might be sponsoring it. The biggest thing from staff perspective would be to not have glass. Commissioner Wright explained that her concern is that requiring an aluminum can from a local brewery sponsoring an event be poured into a designated cup would result in twice the trash. Sherrie Hines advised that the plastic up is in alignment with the special events recycling and composting policy set in the last couple of years. She also noted that the Committee may want to consider opening it up to allow participating businesses in addition to the event sponsors to sell cups or provide wristbands. Commissioner Myers inquired as to whether or not the police officers would be involved with checking IDs and if this would be different between the festival zone and the special outdoor café area. She also inquired as to whether or not we have received any input from bar owners downtown or event sponsors. Commissioner Wright explained that she was hoping that, if this was able to get out of Committee and get put on the agenda for the full Mayor & Commission, it would provide an opportunity for public input. She noted that she was hoping to gain input from as many people as possible. Niki Jones advised that the intent is not for the police department to verify IDs, and the vendors would do that. Legislative Review Committee Meeting Minutes Page 4 072221  Sherrie Hines advised that Suki Janssen sent an email to staff noting that Savannah is piloting aluminum cups for their events, and, while recognizing that this is much more costly, she suggested the Committee consider modifying the language to say approved rather than specifying an approved plastic cup. This would provide flexibility to allow approval of an aluminum cup in the future if the vendor was interested in doing that. Commissioner Wright inquired about whether or not this ordinance removes the requirement of the special outdoor café area being rectangular in shape and against a curb. Andrew Saunders advised that the requirement for shape has been modified from “shall be rectangular” to “should be rectangular”, which allows staff the flexibility to work on shape when needed. He also noted that it is still required to be against a curb. Commissioner Myers made a motion to approve the proposed draft ordinance and pilot program, with an amendment to replace references to “plastic cup” with “approved cup or container”. Commissioner Thornton seconded the motion. The motion passed unanimously. Commissioner Myers inquired about how long the pilot would last. Blaine Williams suggested that, if staff was having any immediate issues, they could bring them back to the Committee; however, otherwise, the pilot program could last through the end of the calendar year. This would allow several different types of events to take place prior to reevaluation. C. Schedule/Agenda Changes The next LRC meeting is scheduled for August 5, 2021 at 1:00 p.m. and will be held remotely via WebEx. Commissioner Parker made a motion to adjourn. Commissioner Thornton seconded the motion. The motion passed by unanimous vote. The meeting adjourned at 1:59 p.m. Legislative Review Committee Meeting Minutes Page 5 072221