Ordinance and Rules Committee

Regular Meeting

Charleston, WV · October 2, 2023

Minutes

MINUTES ORDINANCE AND RULES COMMITTEE MEETING 5:00 P. M., OCTOBER 2, 2023 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 5:00 p.m., October 2, 2023. Committee Members Present: Chad Robinson, Chair Patrick Salango, Vice Chair Frank Annie Becky Ceperley Joseph Jenkins Sam Minardi Emmett Pepper (arrived at 5:18, after vote to approve minutes) Absent: Councilmembers also Present: Jennifer Pharr Caitlin Cook Chelsea Steelhammer Mary Beth Hoover Jeanine Faegre Joe Solomon Beth Kerns Bruce King Pat Jones 1. Approval of Previous Minutes – Councilmember Minardi motioned to approve the previous minutes from 9-21-2023. Councilmember Ceperley seconded the motion. From the audience, Councilmember Kerns requested that her statement concerning the recyclability of the plastic cups be corrected. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved as amended. 2. Bill No. 8013 Committee Substitute as Amended - A BILL to amend the Municipal Code by adding a new Article to authorize Private Outdoor Designated Areas – City Attorney, Kevin Baker, added that the bill and committee substitute removes Section 6-91, because the ABCA thought it was confusing to include as PODAs are not public spaces. There is a new reference in 6-152 concerning the open container law. The applicant must have a valid Class A Private Club license. Section 6-157 gives some general policy authority given to the City Manager’s Office related to the language of the signs, container approval, the identification of participating and non-participating businesses, etc. Councilmember Pepper requested that Section 6-158 notice be given to City Council and the relevant interested parties when a PODA is suspended. There is a new penalty section that has a penalty for an individual who violates a provision of the PODA, and penalties for owners/operators/employees who violate it. The boundaries for the various PODAs have been slightly adjusted. The hours of operation have been changed to seven days a week (Monday through Friday 4pm-10pm and Saturday/Sunday 10am-10pm). The committee substitute also has a few technical corrections: the Bridge Road PODA was increased to include a business. Baker added that businesses don’t have to operate within the full allowed hours of operation. A fourth, Capitol Market, PODA has been added. Councilmember Ceperley asked if the bill would allow for the drinking and serving of alcohol during ArtWalk. Baker replied that it would, but the vendor would have to be licensed. Councilmember Ceperley asked about the containers. Baker added that the requirements in the bill state that the cup (not greater than 16oz) be approved by the City Manager and the ABCA, therefore, the City Manger would have the discretion to look into recyclable options for the cups as long as it is not glass. Councilmember Annie asked for clarification about how the businesses would get the cups. Baker replied that he believed the goal is to have a cup that is consistent for some or all PODAs. The City will likely purchase the first round of cups to get started, then the business owners would be responsible for replenish their stock of cups after that. Councilmember Annie confirmed with Baker that it would not be a violation if a business owner hired private security. Councilmember Jenkins clarified the sidewalk boundaries of the City Center PODA. From the audience, Councilmember Kerns that there was an email from a business owner that wanted to be included in the PODA. She also found out from research that a lot of PODAs are making more substantial cups (commemorative/reusable) to reduce their carbon footprint. Councilmember Minardi asked once a designated cup is established, could there be multiple options for it (disposable and reusable options, for example). Baker replied that there was nothing that would prohibit more than one design or style. Councilmember Robinson added that there had been discussions about having different cups for different types of alcohol. Councilmember Solomon confirmed with Councilmember Robinson that a business that does not sell alcohol can identify that they do not allow PODA drinks in their establishment. Councilmember Ceperley moved to approve Bill No. 8013 Committee Substitute as Amended, giving the City Attorney the discretion to make any necessary technical corrections. With those being present having voted unanimously in the affirmative, the Chair declared Bill No. 8013 Committee Substitute as Amended as approved. 3. Resolution No. 885-23 - Amending the Rules of Council by adding thereto a new rule relating to privileges to the floor of council chambers during the meetings of city council – Baker added that the Committee Substitute version will add two new rules to the Rule of Council. It would limit the City Council Chambers floor to Councilmembers, staff present for an official purpose and any member of the public invited by the Presiding Officer for ten minutes before and after a Council meeting and while the meeting is in session. The first row on the left side when facing the Presiding Officer is reserved for credentialed members of the media. The resolution also sets forth various rules about decorum for the media and requires members of the media to apply for media privileges. Councilmember Annie asked what would happen if he wanted to bring a credentialed member of the media onto the floor. Baker replied that only the Presiding Officer could do that. Councilmember Jenkins stated that the last line of the next to last paragraph “It is a breach of decorum to move about the Chamber while Council is in session” is not specifically limited to credentialed members, although that seems to be the intent. Baker agreed. Councilmember Jenkins added that there is similar contradictory language in the third bullet point on the last paragraph. He pointed out that this language could prohibit Councilmembers from moving to speak with each other during meetings. Baker added that the language could be easily clarified. Councilmember Ceperley added that they should not be lobbying each other during discussion. Councilmember Minardi added that it does happen at times. Councilmember Jenkins asked if there was an appeal process for someone who was denied a press credential. Baker replied that a rule could be suspended by a 2/3 vote, but there is no appeals procedure stated in the resolution. Councilmember Pepper confirmed that the “lobbying” language would pertain to someone who was doing PR work on the side, not their full-time job. He asked if this was similar language to what the State had, and Councilmember Robinson replied that it was very similar language to that used by the House of Delegates. From the audience, Councilmember Steelhammer asked what if a news organization was new/small and did not have paid/full-time staff. Baker replied that the resolution would require them to be full-time, paid correspondents. They could also apply for sponsorship from another publication that would qualify. He felt like a start-up would meet the qualifications as listed in the resolution. They would also be required to be credentialed by the Senate/House of Delegates. Councilmember Minardi asked if that approval was intended. Councilmember Robison replied that if they are credentialed there, then there would be no reason they couldn’t be for City Council as well. Councilmember Jenkins asked would someone automatically lose their credentials with the City if they lost their credentials with the State. Councilmember Robison replied that the “applicant’s publication must have members of their staff currently credentialed by the House of Delegates.” Councilmember Robinson added that would be up to interpretation of the Presiding Officer or their representative. From the audience, Councilmember Kerns clarified with Councilmember Robinson that credentialed media would be allowed to sit in the front “left” side of the public seating. As the resolution reads, there will be no “media table” on the floor. From the audience, Councilmember Jones confirmed that the signup sheet for Public Speakers would be moved from the Council floor to an area yet to be determined but accessible to the public. From the audience, Councilmember Solomon asked who would reinforce these rules. Baker replied that the enforcement of the Rules falls to the Presiding Officer with support from the City Clerk and Seargent at Arms. Councilmember Jenkins added that a Councilmember could likely also claim a Point of Privilege. Mayor Goodwin added that they have talked with members of the media. They have made adjustments, such as a mult box, to make their time more efficient. They have also adjusted Council desks to make them more visually accessible to the media and public. Councilmember Ceperley moved to approve Resolution No. 885-23 Committee Substitute. Councilmember Salango seconded the motion. Councilmember Jenkins motion to amend the resolution by deleting Rule 25 and everything relating to credentialing media. Councilmember Annie seconded the motion. Councilmember Jenkins added that the credentialing goes too far. Rule 24 solves the need to move the media to the gallery and creates a section for them. Councilmember Minardi added that he didn’t have a problem with Rule 25, but he did think there were a lot of unanswered questions about it. Councilmember Pepper agreed with Councilmember Minardi, adding the credentialing could be revisited later. Councilmember Ceperley added that she thought it was important to do some form of credentialing, adding that it addresses accountability. Councilmember Minardi asked if it would strengthen the resolution to adopt the amendment and then define credentialed media. Councilmember Jenkins added that he did not think they should be the arbiters of what “media” is as that is rapidly changing. This could cause more work and problems than what the resolution sets out to solve. With those being present having voted in the majority in the affirmative, with one recognized Nay from Ceperley, the Chair declared the amendment to Resolution No. 885-23 Committee Substitute as approved. With those being present having voted unanimously in the affirmative, the Chair declared the amendment to Resolution No. 885-23 Committee Substitute as Amended as approved. Councilmember Minardi motioned to adjourn the meeting. Meeting adjourned.

Agenda

Packet

CITY OF CHARLESTON WEST VIRGINIA Council Member – Ward 20 Chad Robinson Ordinance and Rules Committee, Chair 793 Lower Donnally Rd. Parks and Recreation Committee Charleston, WV 25304 Finance Committee 304- 389-7373 Parking Facilities Committee chad.robinson@cityofcharleston. org A meeting of the Council Committee on Ordinance & Rules will be held on Monday, October 2, 2023 at 5:00 PM. To be held in person AV ROOM #308, CITY HALL Agenda APPROVAL OF PREVIOUS MINUTES 1. 9-21-2023 BILLS 1. Bill No. 8013 Committee Substitute as Amended - A BILL to amend the Municipal Code by adding a new Article to authorize Private Outdoor Designated Areas. RESOLUTIONS 1. Resolution No. 885-23 - Amending the Rules of Council by adding thereto a new rule relating to privileges to the floor of council chambers during the meetings of city council. CR/ns *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 1 of MINUTES ORDINANCE AND RULES COMMITTEE MEETING 4:00 P. M., SEPTEMBER 21, 2023 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 4:00 p.m., SEPTEMBER 21, 2023. Committee Members Present: Chad Robinson, Chair Patrick Salango, Vice Chair Frank Annie Joseph Jenkins Sam Minardi (arrived after approval of previous minutes) Emmett Pepper Absent: Becky Ceperley Councilmembers also Present: Mary Beth Hoover Shawn Taylor Beth Kerns 1. Approval of Previous Minutes – Councilmember Papper motioned to approve the previous minutes from 9-5-2023. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved. Page | 2 of 2. Bill No. 8013 - A BILL to amend and reenact the Municipal Code by adding thereto a new relating to authorizing Private Outdoor Designated Areas– City Attorney, Kevin Baker, stated that the State has given municipalities the authority to allow private clubs to apply for inclusion in the designated PODA. He added that special cups are required. The ABCA has created a special license (S-4 permit) in addition to the regular license for this. Requirements for City approval include a valid business license, Class A license for a private club, in good standing with the City, located within the PODA area. The container must be non-glass. Baker added that so far, the ABCA has only approved plastic cups. State law allows for up to 18 oz. cups, but the proposed bill states 16 oz. State law requires signage that clearly states the boundaries of the PODA. There are also requirements that the participating venues make their restrooms available as well as any public restrooms within the area. The businesses must follow all Kanawha Charleston Health Department requirements. They must also make waste receptacles available during the PODAs operating hours. Baker added that the bill allows the City Manager to revoke specific businesses or the entire PODA in the interest of public safety. The three PODAs proposed are City Center, Elk City and Bridge Road with operating hours of 4pm-10pm Thursday and Friday and 10am-10pm Saturday and Sunday. Baker added that there are currently no businesses that qualify in the Elk City PODA, but there is potential. Councilmember Jenkins confirmed that the City would have control of the design of the cups. He saw it as an advertising opportunity for the specific areas. Baker added that the cups also have to be approved by the ABCA. Councilmember Jenkins asked if the cups could be reusable. Baker replied that seemed to be the anticipation of the Legislature. It doesn’t seem like the ABCA is wanting to approve that yet, but might in the future. Mayor Goodwin added that they have studied some of the cities that already have PODAs in place. An important part of the set up is to make everything consistent for both locals and visitors. Additionally, recyclable cups are the most commonly used. The Mayor added that she thought it would be best to start with the same items for all the PODAs. Throughout their research, they have found that good communication was the key to success. Councilmember Jenkins added that the bill requires dedicated City personnel for the areas (police officers, street/refuse, etc.). He added there are only four officers assigned to the South Side and the bill lists two required officers for the area’s PODA. Are those PODA officers allowed to leave the area to answer calls etc.? Baker replied that there would probably be a learning curve once put into effect. State law only requires that the bill list the estimated number of personnel needed to ensure public safety and efficient operations. Councilmember Pepper asked if aluminum solo cups had been approved. Baker replied that so far, the ABCA has only approved plastic cups. Councilmember Pepper asked for clarification about the signage. Baker replied that the State law requires more specific Page | 3 of language about size and types of signs that he has drafted. He added that giving the City Manager more authority over decisions would be acceptable. Baker added that other cities have placed their signs as stickers on the street, which would be supported by the State law. Councilmember Pepper added that if the PODA should ever be shut down (or changed significantly) the businesses and relevant Councilmembers should be notified. Councilmember Minardi confirmed with Baker that uniformed officers are a requirement of State law. He asked if security could be outsourced. Baker replied that the number listed in the bill is the estimated requirement, which could be broadly interpreted. Councilmember Jenkins asked, as it related to the definition of private clubs, if micro- breweries or distilleries would count. Baker replied that they would seem to be technically outside of that definition, but he didn’t think they would be prohibited from getting a private club license. Councilmember Robinson asked for clarification about the liability issue. Baker replied that the State law requires all of the S4 participating private clubs to enter into an agreement with each other to where they would jointly be liable for actions within the PODA. This does not seem to be as big of an obstacle as he originally thought. Councilmember Robinson asked if the bill could be broader by leaving out the specific mentions of the types of personnel. Baker replied that although the number is an estimate, he thought the bill needed to have some kind of number in it. Councilmember Jenkins suggested that the language could read “safety personnel.” Councilmember Robinson agreed, and added that it could read “up to.” Councilmember Robinson proposed adding a fourth PODA that would include the Market, Bricks and Barrells and the ballpark. He also suggested squaring up the City Center PODA between Hale Street and Dickenson Street and between Quarrier Street and Virginia Street. From the audience, Councilmember Kerns added that plastic solo cups would be able to be recycled. From the audience, Councilmember Taylor asked what authority did the ABCA have as to the material of the containers. Baker added that the State law required that drinks be served in a non-glass container, approved by the municipality and the ABCA. Baker added that if the City and the business owners could make a strong agreement in favor of an alternate material to plastic, they should (be might not) approve it. From the audience, Councilmember Hoover agreed with the suggested map changes and the additional PODA suggestion. City Manager, Ben Mishoe, added they there are compostable cups that look like regular plastic cups. Mayor Goodwin added that some cities initially provided the containers to the PODAs at Page | 4 of the start, and then the businesses were responsible for purchasing their own cups with the logos and additional requirements approved by the City and ABCA. Business owner Kim Rossi (Hale and Quarrier Streets) initially thought that their businesses were not included within the City Center PODA, but it was determined that they were. Rossi added that there are cups that will biodegrade on their own within a set number of years without the need to recycle or compost them. Evan Osborne, representing the Capital Market, added that the additional PODA would greatly benefit the Market. Councilmember Pepper wanted to make sure the businesses were ok with the operating hours of the PODAs. Chief of Staff, Matt Sutton, added that there was a safety benefit to having events end fairly early, and they have seen that successfully implemented with the Regatta and Live on the Levee. The Mayor agreed that they have received similar feedback from other cities with PODAs. Baker added that the ABCA is still working out how to handle fairs/festivals that happen within the PODA. It would seem like the PODA would be turned off in those instances. Councilmember Robinson asked if the City could apply for a permit for a Regatta PODA. Baker replied that it is likely the City will need to work with the ABCA about that. He would recommend that Council adopt a resolution for the Regatta right before it starts. It will likely be confusing to people for some time as everyone learns the rules. Councilmember Jenkins added that the bill should give more authority to the City Manager. Councilmember Robinson added that there would be a meeting at Adelphia on Thursday next week for businesses to meet and discuss the PODAs. Baker added that he thought the S4 license would be $100. Councilmember Minardi motioned to adjourn the meeting. Meeting adjourned. Page | 5 of Page | 6 of Capitol Market Page | 7 of Page | 8 of City Center at Slack Plaza Davis Park Haddad Riverfront Park Page | 9 of Bill No. 8013 Committee Substitute Introduced in Council: Adopted by Council: September 18, 2023 Introduced by: Referred to: Chad Robinson, Bruce King, Ordinance & Rules Frank Annie, Mary Beth Hoover, Jennifer Pharr, Shawn Taylor, Joseph Jenkins, Sam Minardi and Patrick Salango 1 Bill No. 8013 Committee Substitute - A BILL to amend and reenact Sec. 6-91 of the 2 Municipal Code of the City of Charleston, as amended; and to amend said Code by 3 adding thereto a new Article IV within Chapter 6, consisting of 4 divisions, designated 4 Sec. 6-151, 6-152, 6-153, 6-154, 6-155, 6-156, 6-157, 6-158, 6-159, 6-166, 6-167, 6- 5 168, 6-171, 6-172, 6-173, 6-176, 6-177, and 6-178, 6-181, 6-182, and 6-183, all relating 6 to authorizing Private Outdoor Designated Areas; updating prohibitions on drinking in 7 public places; providing details for the operation of Private Outdoor Designated Areas; 8 creating certain requirements and prohibitions for businesses and individuals within 9 Private Outdoor Designated Areas; creating criminal penalties for violations of the 10 article; requiring certain signage be placed to demarcate Private Outdoor Designated 11 Areas; authorizing the City Manager to take action to revoke permits or suspend Private 12 Outdoor Designated Areas when public safety so requires; creating the City Center 13 PODA, Bridge Road PODA, and Elk City PODA, and Capitol Market PODA; and setting 14 forth day, time, and personnel needed for the operation of each Private Outdoor 15 Designated Area. 16 17 Now, therefore, be it ordained by the Council of the City of Charleston: 18 19 That Sec. 6-91 of the Municipal Code of the City of Charleston, as amended, is hereby 20 amended and reenacted; and that said Code is hereby amended by adding thereto a 21 new Article IV within Chapter 6, consisting of 4 divisions, designated Sec. 6-151, 6-152, 22 6-153, 6-154, 6-155, 6-156, 6-157, 6-158, 6-159, 6-166, 6-167, 6-168, 6-171, 6-172, 6- 23 173, 6-176, 6-177, and 6-178, 6-181, 6-182, and 6-183, all to read as follows: 24 25 CHAPTER 6. – ALCOHOLIC BEVERAGES. 26 ARTICLE III. – INTOXICATING LIQUOR. 27 DIVISION 1. – GENERALLY. 28 29 Sec. 6-91. – Prohibited drinking and prohibited possession. 30 31 It shall be unlawful for any person to: 32 (1) Drink alcoholic liquor in a public place except as otherwise provided by Page | 10 of 33 law. 34 (2) Drink alcoholic liquor in a motor vehicle upon any street, open space or 35 in a public garage. 36 (3) Tender a drink of alcoholic liquor to another person in a public place or 37 in any place mentioned in subsection (2) of this section or in a public place, except as 38 otherwise provided by law. 39 (4) Possess alcoholic liquor in an amount in excess of one gallon, in 40 containers not bearing stamps or seals of the state liquor control commission, without 41 having first obtained written authority from that commission. 42 (5) Possess any alcoholic liquor which he or she knows or should know 43 was manufactured or acquired in violation of the provisions of W. Va. Code Chapter 60 44 (W. Va. Code § 60-1-1 et seq.). 45 46 ARTICLE IV. – PRIVATE OUTDOOR DESIGNATED AREAS. 47 DIVISION 1. – GENERALLY. 48 49 Sec. 6-151. – Authorization for Private Outdoor Designated Areas. 50 51 Pursuant to West Virginia Code §8-12-26, the City of Charleston hereby adopts 52 this ordinance establishing private outdoor designated areas, as described in West 53 Virginia Code § 60-7-8g. 54 55 Sec. 6-152. – Private Outdoor Designated Area. 56 57 A Private Outdoor Designated Area includes the public property that has become 58 a legally demarcated area established by a municipal ordinance as set forth in West 59 Virginia Code §8-12-26 for the consumption of liquor, wine, nonintoxicating beer, and 60 nonintoxicating craft beer. Notwithstanding the provisions of Section 78-211 of this 61 Code, aA person may possess and consume an approved open container of liquor, 62 wine, nonintoxicating beer, or nonintoxicating craft beer sold from an approved Class S4 63 permit holder, as further detailed in this Article, outdoors within a Private Outdoor 64 Designated Area. A business operating within a Private Outdoor Designated Area may 65 choose whether or not to permit people to enter its business with an approved open 66 container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer sold from an 67 approved Class S4 permit holder. 68 69 Sec. 6-153. – Participation in a Private Outdoor Designated Area. 70 71 (a) Any Class A license holder under West Virginia Code §60-7-1 et seq. that 72 operates in a Private Outdoor Designated Area may apply to the City Manager for the 73 approval to operate in a Private Outdoor Designated Area. The City Manager shall 74 review the application to ensure it is complete and meets the following requirements: 75 (1) The applicant is located in an established Private Outdoor Designated 76 Area, pursuant to this Article, with a front door in compliance with all building and fire 77 codes for the safe ingress and egress of members, patrons, and guests to and from the 78 Private Outdoor Designated Area. Page | 11 of 79 (2) The applicant has a valid city and state business license and is in good 80 standing with the city. 81 (3) The applicant has a valid Class A private club license under West 82 Virginia Code §60-7-1 et seq. 83 84 (b) Once approved by the City Manager, as indicated by a letter of approval to 85 the applicant, the license holder may apply to the West Virginia Alcohol Beverage 86 Control Administration (“WVABCA”) for a special Class S4 permit, as detailed in West 87 Virginia Code § 60-7-8g, to participate in a Private Outdoor Designated Area, as further 88 detailed in this Article, in the West Virginia Code, and in any applicable rules of the 89 WVABCA. Upon approval by the WVABCA, the Class S4 permit holder shall notify the 90 City Manager’s office. Any business that receives the approval of the City Manager and 91 a Class S4 permit from the WVABCA may participate in a Private Outdoor Designated 92 Area. 93 94 (c) Participation in a Private Outdoor Designated Area does not provide a 95 business with any authority to operate outdoor dining on the public right of way. Any 96 business interested in participating in outdoor dining shall follow the requirements of 97 Chapter 102, Article VII of this Code. A business with an approved outdoor dining area 98 that is within a Private Outdoor Designated Area may operate its outdoor dining area 99 simultaneously with its participation in a Private Outdoor Designated Area. 100 101 Sec. 6-154. – Containers. 102 103 All beverages served from valid Class S4 permit holders for consumption in a 104 Private Outdoor Designated Area shall be served in a non-glass container not greater 105 than 16 fluid ounces, which has been approved by the City Manager and the WVABCA. 106 107 Sec. 6-155. – Signage and Prohibitions. 108 109 (a) Prior to the operation of a Private Outdoor Designated Area, the city shall 110 erect conspicuous signage. The signs shall be located at every reasonable point where 111 a pedestrian may exit the Private Outdoor Designated Area by way of a public sidewalk. 112 The signs shall clearly state “No alcohol beyond this point.” and provide clear notice that 113 a person is leaving the Private Outdoor Designated Area. 114 115 (b) A person may not leave a Private Outdoor Designated Area while possessing 116 an open container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer that 117 contains liquid. 118 119 (c) A person may not possess an open container of liquor, wine, nonintoxicating 120 beer, or nonintoxicating craft beer that contains liquid while being in, on, or operating a 121 motor vehicle within a Private Outdoor Designated Area. 122 123 Sec. 6-156. – Public Health, Safety, and Sanitation. 124 Page | 12 of 125 (a) All Private Outdoor Designated Areas shall be operated in a manner 126 consistent with all state and municipal laws. The Charleston Police Department shall be 127 responsible for ensuring compliance and may issue citations within the Private Outdoor 128 Designated Areas as necessary. The Charleston Police Department shall provide a 129 copy of any citation issued within a Private Outdoor Designated Area to the WVABCA. 130 131 (b) In addition to any public restrooms in a Private Outdoor Designated Area, 132 participating Class S4 permit holders shall make available adequate restroom facilities, 133 whether permanent or portable, to serve their members and guests during all hours of 134 operation of the Private Outdoor Designated Area. 135 136 (c) All businesses operating within a Private Outdoor Designated Area shall 137 comply with all requirements of the Kanawha-Charleston Health Department. 138 139 (d) All participating businesses within a Private Outdoor Designated Area shall 140 make waste receptacles available during the operating hours of the Private Outdoor 141 Designated Area in a number sufficient to contain the waste generated within the area 142 and which are emptied regularly by each participating business as needed to ensure 143 availability. These waste receptacles are in addition to the City of Charleston public 144 waste receptacles in the area. 145 146 Sec. 6-157. – Revocation of City Manager Approval; and General Policy Authority. 147 148 (a) The City Manager may revoke the letter of approval of any Class S4 permit 149 holder when doing so is in the interest of public safety by sending a revocation letter to 150 both the permit holder and the WVABCA. 151 152 (b) The City Manager is authorized to create policies and procedures as 153 necessary for the efficient operation of the Private Outdoor Designated Areas, including 154 but not limited to, signage language approval, container approval, identification of 155 participating businesses and non-participating businesses, review of security plans 156 proposed to the WVABCA, the interaction and interplay between a fair or festival and 157 the Private Outdoor Designated Areas, and the duties and responsibilities of all 158 participating businesses with respect to clean up and other sanitation matters. 159 160 Sec. 6-158. – Suspension of Private Outdoor Designated Area. 161 162 The City Manager has the authority to suspend the operation of a Private 163 Outdoor Designated Area immediately when in the interest of public safety by providing 164 notice to all Class S4 permit holders within the Private Outdoor Designated Area, City 165 Council, any business association participating in the marketing or advertising of the 166 Private Outdoor Designated Area, and the WVABCA. 167 168 Sec. 6-159. – Penalties. 169 170 (a) An individual who violates any provision of this article relating to Private Page | 13 of 171 Outdoor Designated Areas is guilty of a misdemeanor and, upon conviction, shall be 172 fined not less than $5 and not more than $100. 173 (b) Any person who owns or operates a business within a Private Outdoor 174 Designated Area or is employed by such a business and who violates any provision of 175 this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than 176 $5 and not more than $1,000. Any owner, operator, or employee who violates a 177 provision of this article and is convicted of a third such offense, upon conviction, may be 178 confined for up to 30 days. These penalties for owners, operators, and employees of 179 Private Outdoor Designated Areas are in addition to any penalty from the WVABCA. 180 181 DIVISION 2. – CITY CENTER PODA 182 183 Sec. 6-166. – Creation and Boundaries. 184 185 (a) City Council for the City of Charleston hereby establishedestablishes a 186 Private Outdoor Designated Area known as “City Center PODA”, which shall have the 187 boundary as stated in subsection (b) of this section and which shall meet all of the 188 requirements of this Article and applicable West Virginia Code. 189 (b) The City Center PODA shall begin at the southeastern corner of the 190 intersection of Virginia StreetKanawha Boulevard and Laidley Street, then continue 191 along Virginia Laidley Street in an easterly to Summers Street, then continue along 192 Summers Street in a northerly direction, including City Center at Slack Plaza, to Lee 193 Street, , including City Center at Slack Plaza, then continue in an easterly direction 194 along Lee Street, including the structures on the northern side of Lee Street between 195 Summers Street and Dickinson Street, but excluding Davis Park, to Hale Dickinson 196 Street, then continue in a southerly direction along Hale Dickinson Street to Virginia 197 Street (including the buildings on the northern side of Quarrier Street between Hale 198 Street and Dickinson Street), then continue in a westerly direction along Virginia Street 199 to Capitol Street, then continue in a southerly direction along Capitol Street to Kanawha 200 Boulevard, then continue in a westerly direction along Kanawha Boulevard to include all 201 of Haddad Riverfront Park before continuing in a northerly direction along Laidley Street 202 to the southeastern corner of the intersection of Laidley Street and Virginia 203 StreetKanawha Boulevard. The City Center PODA shall include the public rights-of-way 204 within the boundary area and the buildings at or within the following addresses: 600-822 205 900 Virginia Street East; 500-800 Kanawha Blvd East; 8-247310 Capitol Street; 2-191 206 Summers Street; 100-235 Hale Street; 701-819611-900 Lee Street East; 700-723 207 Brawley Walkway; 700-910 912 Quarrier Street. 208 (c) The attached map of the City Center PODA is incorporated herein and made 209 a part of this ordinance. 210 (d) The area within the City Center PODA is in the Central Business District 211 (“CBD”), which is a zoning area that allows for the sale and consumption of liquor, wine, 212 nonintoxicating beer and nonintoxicating craft beer, and is in compliance with the zoning 213 ordinance. 214 215 Sec. 6-167. – Days and Hours of Operation 216 Page | 14 of 217 The City Center PODA may operate year round on any Thursday from 4:00 p.m. 218 until 10:00 p.m.,Monday through Friday from 4:00 p.m. until 10:00 p.m., Saturday from 219 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. Drinks may 220 not be sold in PODA cups or consumed within the City Center PODA outside of the 221 hours of operation. 222 223 Sec. 6-168. – Personnel Needed 224 225 The estimated number of City personnel needed to ensure public safety and 226 efficient operations in the City Center PODA is four police officers and two public works 227 employees. The City Council anticipates that these City employees will be working their 228 regular shifts and generally assigned in this area of the City. 229 230 DIVISION 3. – BRIDGE ROAD PODA 231 232 Sec. 6-171. – Creation and Boundaries. 233 234 (a) City Council for the City of Charleston hereby established establishes a 235 Private Outdoor Designated Area known as “Bridge Road PODA”, which shall have the 236 boundary as stated in subsection (b) of this section and which shall meet all of the 237 requirements of this Article and applicable West Virginia Code. 238 (b) The Bridge Road PODA shall begin on Bridge Road at a point 115 feet north 239 of its intersection with Walnut Road and shall continue along Bridge Road in a southerly 240 direction to a point 115275 feet southwest of its intersection with Forest Road; it shall 241 include the area along Forest Road between Bridge Road and Glen Road and the area 242 along Walnut Road between Pine Road and Bridge Road, along with the buildings and 243 lots adjacent to these public rights-of-way. The Bridge Road PODA shall include the 244 public rights-of-way within the boundary area and the buildings at or within the following 245 addresses: 912-10381040 Bridge Road; and 900-908 Walnut Road.; 246 (c) The attached map of the Bridge Road PODA is incorporated herein and made 247 a part of this ordinance. 248 (d) The area within the Bridge Road PODA is in a C-4 Neighborhood Commercial 249 District, which is a zoning area that allows for the sale and consumption of liquor, wine, 250 nonintoxicating beer and nonintoxicating craft beer, and is in compliance with the zoning 251 ordinance. 252 253 Sec. 6-172. – Days and Hours of Operation 254 255 The Bridge Road PODA may operate year round on any Thursday from 4:00 256 p.m. until 10:00 p.m., Monday through Friday from 4:00 p.m. until 10:00 p.m., Saturday 257 from 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. Drinks 258 may not be sold in PODA cups or consumed within the Bridge Road PODA outside of 259 the hours of operation. 260 261 Sec. 6-173. – Personnel Needed 262 Page | 15 of 263 The estimated number of City personnel needed to ensure public safety and 264 efficient operations in the Bridge Road PODA is two police officers and one public works 265 employee. The City Council anticipates that these City employees will be working their 266 regular shifts and generally assigned in this area of the City. 267 268 DIVISION 4. – ELK CITY PODA 269 270 Sec. 6-176. – Creation and Boundaries. 271 272 (a) City Council for the City of Charleston hereby established establishes a 273 Private Outdoor Designated Area known as “Elk City PODA”, which shall have the 274 boundary as stated in subsection (b) of this section and which shall meet all of the 275 requirements of this Article and applicable West Virginia Code. 276 (b) The Elk City PODA shall begin at a point on Washington Street West that is 277 40 feet northwest of its intersection with Pennsylvania Ave. South and continues in a 278 westerly direction along Washington Street West to a point that is 75 feet southeast of 279 its intersection with Crescent Road; it shall include the first 300 feet of public rights-of- 280 way off Washington Street West on Bigley Ave. and Tennessee Ave., along with the 281 buildings and lots adjacent to these public rights-of-way. The Elk City PODA shall 282 include the public rights-of-way within the boundary area and the buildings at or within 283 the following addresses: 110-320 Washington Street West; 700-715 Bigley Ave.; 608- 284 617 Tennessee Ave. 285 (c) The attached map of the Elk City PODA is incorporated herein and made a 286 part of this ordinance. 287 (d) The area within the Elk City PODA is in either a C-10 General Commercial 288 District or an Urban Corridor District (“UCD”), both of which are zoning areas that allow 289 for the sale and consumption of liquor, wine, nonintoxicating beer and nonintoxicating 290 craft beer, and are in compliance with the zoning ordinance. 291 292 Sec. 6-177. – Days and Hours of Operation 293 294 The Elk City PODA may operate year round on any Thursday from 4:00 p.m. until 295 10:00 p.m., Monday through Friday from 4:00 p.m. until 10:00 p.m., Saturday from 296 10:00 a.m. until 10:00 p.m., and Sunday from 10:00 a.m. until 10:00 p.m. Drinks may 297 not be sold in PODA cups or consumed within the Elk City PODA outside of the hours of 298 operation. 299 300 Sec. 6-178. – Personnel Needed 301 302 The estimated number of City personnel needed to ensure public safety and 303 efficient operations in the Elk City PODA is two police officers and one public works 304 employee. The City Council anticipates that these City employees will be working their 305 regular shifts and generally assigned in this area of the City. 306 307 DIVISION 5. – CAPITOL MARKET PODA 308 Page | 16 of 309 Sec. 6-181. – Creation and Boundaries. 310 311 (a) City Council for the City of Charleston hereby establishes a Private Outdoor 312 Designated Area known as “Capitol Market PODA”, which shall have the boundary as 313 stated in subsection (b) of this section and which shall meet all of the requirements of 314 this Article and applicable West Virginia Code. 315 (b) The Capitol Market PODA shall begin at the northwestern corner of Smith 316 Street and Leon Sullivan Way and continue in a northwesterly direction along Smith 317 Street to the point at which it meets the Interstate Overpass, then continuing in an 318 easterly direction in line with the Interstate Overpass to the edge of the railroad right-of- 319 way, then continuing in a southeasterly direction in line with the railroad right-of-way to 320 Leon Sullivan Way, and then continuing in a southwesterly direction to the northwestern 321 corner of Smith Street and Leon Sullivan Way, along with the buildings and lots 322 adjacent to these public rights-of-way. The Capitol Market PODA shall include the public 323 rights-of-way within the boundary area and the buildings and vendors at or within the 324 following address: 800 Smith Street. 325 (c) The attached map of the Capitol Market PODA is incorporated herein and 326 made a part of this ordinance. 327 (d) The area within the Capitol Market PODA is in a C-10 General Commercial 328 District, which is a zoning area that allows for the sale and consumption of liquor, wine, 329 nonintoxicating beer and nonintoxicating craft beer, and is in compliance with the zoning 330 ordinance. 331 332 Sec. 6-182. – Days and Hours of Operation 333 334 The Capitol Market PODA may operate year round Monday through Friday from 335 10:00 a.m. until 7:00 p.m. Drinks may not be sold in PODA cups or consumed within the 336 Capitol Market PODA outside of the hours of operation. 337 338 Sec. 6-183. – Personnel Needed 339 340 There are no estimated City personnel needed to ensure public safety and 341 efficient operations in the Capitol Market PODA, as the Capitol Market will provide all 342 personnel needed for such purpose. 343 Page | 17 of Resolution No. 885-23 Introduced in Council: Adopted by Council: October 2, 2023 Introduced by: Referred to: Chad Robinson and Bruce King Ordinance & Rules 1 Resolution No. 885-23 - Amending the Rules of Council by adding thereto a new rule, 2 designated Rule No. 24, relating to privileges to the floor of council chambers during the 3 meetings of city council. 4 5 Now, therefore, be it Resolved by the Council of the City of Charleston, West 6 Virginia: 7 8 That the Rules of Council be amended by adding thereto a new rule, designated Rule 9 No. 24, to read as follows: 10 11 Rule No. 24. – Floor Privileges. 12 13 For thirty minutes before Council is in session, when Council is in session, and 14 for thirty minutes after Council session has ended, only members of council and City 15 staff who are present for an official purpose are permitted to be on the floor of council: 16 Provided, That any member of the public invited forward by the presiding officer is 17 permitted to be on the floor of council. All other people shall remain in the gallery while 18 the city council is in session. The first row of the gallery on the left side when facing the 19 presiding officer shall be reserved for members of the media. Page | 18 of Resolution No. 885-23 Committee Substitute Introduced in Council: Adopted by Council: October 2, 2023 Introduced by: Referred to: Chad Robinson and Bruce King Ordinance & Rules 1 Resolution No. 885-23 Committee Substitute - Amending the Rules of Council by 2 adding thereto atwo new rulerules, designated Rule No. 24 and Rule No. 25, relating to 3 privileges to the floor of council chambers during the meetings of city council; and media 4 credentials and general decorum. 5 6 Now, therefore, be it Resolved by the Council of the City of Charleston, West 7 Virginia: 8 9 That the Rules of Council be amended by adding thereto atwo new rulerules, 10 designated Rule No. 24 and Rule No. 25, to read as follows: 11 12 Rule No. 24. – Floor Privileges. 13 14 For thirty ten minutes before Council is in session, when Council is in session, 15 and for thirty ten minutes after Council session has ended, only members of council and 16 City staff who are present for an official purpose are permitted to be on the floor of 17 council: Provided, That any member of the public invited forward by the presiding officer 18 is permitted to be on the floor of council. All other people shall remain in the gallery 19 while the city council is in session. The first row of the gallery on the left side when 20 facing the presiding officer shall be reserved for credentialed members of the media. 21 22 Rule No. 25. – Media Credentials and Decorum. 23 24 These guidelines are intended to allow access to City Council and its members 25 while minimizing distractions and disruptions of Council while in session. 26 27 A media applicant for media privileges must establish to the satisfaction of the 28 presiding officer or any such representative he or she may appoint that the applicant is 29 a full-time, paid correspondent who requires on-site access to members. 30 Correspondents must be employed by a news organization whose principal business is 31 the dissemination of original news and opinion of interest to a broad segment of the 32 public. Freelance and contract employees must apply for credentials through a 33 sponsoring publication, broadcast outlet, or website that meets all media guidelines for 34 coverage of City Council. Applicants must not be engaged in any lobbying or paid 35 advocacy, advertising, publicity or promotion work for any individual, political party, Page | 19 of 1 candidate for office, corporation, organization or agency of the government, nor in 2 prosecuting any claim before the City of any City department and may not do so while a 3 member of the credentialed media. An applicant’s publication must be a general news 4 organization, editorially independent of any institution, foundation or interest group that 5 lobbies the government. An applicant’s publication must have members of their staff 6 currently credentialed by the West Virginia House of Delegates or West Virginia State 7 Senate. Press passes are good for one calendar year, and applicants must be 8 submitted anew each year. All correspondents’ cards must be displayed at all times. 9 Citizen journalists or anyone employed by a group that lobbies council have the same 10 access as members of the general public. 11 12 Indecorous conduct, boisterousness or unbecoming language, audible remarks, 13 unnecessary conversation, laughter or gestures will not be permitted by credentialed 14 members of the media while covering City Council in chambers or committee rooms. It 15 is a breach of decorum to move about the chamber while council is in session. 16 17 Anyone who takes advantage of media privileges must obey all applicable 18 council rules during sessions. Anyone violating council rules is subject to removal. 19 Those rules include the following: 20 • Credentialed media are not permitted to approach council members while 21 session is taking place or at ease. Credentialed media should wait to approach 22 members after a recess or adjournment is declared. 23 • Credentialed media are asked to limit movement in the chamber. 24 • No one is permitted to walk between a member who has been recognized to 25 speak and the presiding officer. 26 • The presiding officer or the representative they appoint shall reserve the right to 27 refuse the issuance of or to revoke media credentials at their discretion, in 28 accordance with these guidelines for credentialed media and other applicable 29 Rules of Council. 30 Page | 20 of