City Commission Approves Feast on the Fe as Special Event

City Commission Approves Feast on the Fe as Special Event
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At Monday's City Commission Meeting, Commissioners considered an ordinance approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event.

BACKGROUND: In 2010, The Kansas legislature approved an amendment to Section 41-719 of the Liquor Control Act (K.S.A. 41-719) which deals with the consumption of alcoholic liquor in public. The amendment modified the prohibition on consumption of alcoholic liquor on public streets and sidewalks. The amendment allowed the consumption of alcoholic liquor at a "special event" held on public streets, alleys, roads, sidewalks or highways closed to motor vehicle traffic when a temporary liquor permit has been issued for such event. Prior to this change temporary permits for outdoor beer and wine sales were limited to private property. For example, the City has issued several Special Event Permits for outdoor events at Maggie Mae's that have involved the closure and barricading of Holiday Drive with the condition that no alcohol could be sold or consumed on Holiday Drive even though it was closed to traffic. Similarly, a few years ago, the Stiefel Theatre wanted to close Walnut Street south of the theatre and serve wine and beer at a stand or tent located in the street. They were informed that state and local alcohol laws, at that time, did not permit sale and consumption of alcohol on City streets. The change to K.S.A. 41-719 allows alcohol consumption to occur on public streets and sidewalks now subject to local governing body approval.

Currently temporary permits are issued by the Director of Alcoholic Beverage Control. Venues that do not have a drinking establishment license are limited to four (4) temporary permits per year. Under the bill passed by the Kansas Legislature, the Director of ABC would issue temporary permits for "special events" as well, provided these events have been approved by the local governing body by ordinance. Consumption of alcohol on public property is primarily regulated by the State legislature and the laws and permitting process are complex with differing rules and processes applicable to different types of public property.

In 2019, the Kansas legislature removed the term special event and the definition of special event from the statute. What was formerly an Alcoholic Liquor Special Event Permit is now a "Temporary Permit for a Street, Road or Sidewalk Event". A temporary permit holder may charge a fee for entrance into the licensed area.

Under the 2010 legislation, the boundaries of the temporary permit area have to be clearly marked by signs, a posted map, or other means which identifies the area in which alcoholic liquor may be consumed. The law allows drinking establishments that are adjacent to, or within the licensed premises of a special event, to request that the drinking establishment's licensed premises be extended to and made part of the licensed premises of the event.

The law also holds each licensee selling alcoholic liquor for consumption on the premises of a special event to be liable for violating the laws governing the sale and consumption of alcoholic liquors. The law prohibits a person from:

  • Removing any alcoholic liquor from inside the boundaries of the special event area
  • The previous statute prohibited the possession or consumption of alcoholic liquor inside the special event area that was not sold by the licensee holding the temporary permit, however in 2019 the legislature relaxed this requirement and the new legislation authorizes possesion and consumption of alcohol from outside sources with the permission of the licensee.

The promoter or person providing alcohol sales at the special event (if not the promoter) must apply for a temporary permit for alcohol sales from the state's Division of Alcoholic Beverage Control at least 14 days in advance of the scheduled event. The event organizer must specify:

  • The streets and sidewalks that will be closed if the special event is approved
  • The geographic area in which the event will be held
  • Who will be providing alcohol during the event
  • The hours of the event
  • A general site safety/ security plan must be established by the license

In order for a drinking establishment or drinking establishment/ restaurant to participate and sell alcohol as part of a special event, the business must be within the boundaries of the proposed serving area or adjacent to or abutting the location of the special event. The business must currently be licensed to sell alcohol and the business owner or licensee must have permission from the Division of Alcohol Beverage Control to sell alcohol within the time frame and physical boundaries of the serving area.

In August, 2012, the City Commission passed Ordinance No. 12-10652 providing for the issuance of special event temporary permits for the sale and consumption of alcoholic liquor on public streets, alleys, roads or adjoining sidewalks. Also in August, 2012, the City Commission adopted Resolution No. 12-6931 providing the governing body and city manager with guidelines for consideration of applications for approval of special events associated with the sale and/or consumption of alcoholic liquor on public streets, alleys, roads or adjoining sidewalks or consumption of alcoholic liquor on designated city owned property.

Per Salina Code Section 5-24 Consumption on public streets, alleys, roads or highways.

No person shall drink or consume alcoholic liquor on the public streets, alleys, roads or highways or inside vehicles while on the public streets, alleys, roads or highways, except that alcoholic beverage can be consumed at a special event held on public streets, alleys, roads or highways or adjoining sidewalks located in the Business Improvement District No. 1, Oakdale Park, Jerry Ivey Park, Bill Burke Park or the East Crawford Recreation Area (now Berkley Family Recreation Area); provided that:

  • Such public street, alley, or road is closed to motor vehicle traffic by the governing body
  • A written request for such consumption and possession of alcoholic liquor at such special event has been made to the governing body on a application form provided by the city
  • Based upon the information contained in the written application the special event is reviewed and approved by the governing body, by ordinance, on the basis of criteria established by resolution of the governing body, with or without conditions
  • A special event temporary permit (now Temporary Permit for a Street, Road or Sidewalk Event) has been issued for the special event pursuant to state law

The Local Food Works Foundation has submitted a Special Event Permit application, an application for a Alcoholic Beverage Special Event Retailer's Permit, and an Amplified Sound Permit application for a Feast on the Fe event scheduled to take place on Saturday, September 9, 2023. Only the Special Event Retailer's Permit requires City Commission approval. The remaining items can be approved administratively by City staff. This is a well established event. Feast on the Fe was first held in 2016 and was held in 2018, 2019, 2021 and 2022. All of the events have taken place on Santa Fe Avenue but not always in the same block.

This year,plans are for the Feast on the Fe event to be held on Saturday September 9, 2023, with street closure and setup beginning at 3:00 p.m., with the event and alcoholic beverages served from 6:00 p.m. to 9:00 p.m., and event teardown from 9:00 p.m. to 11:00 p.m. The purpose of the event is to raise awareness of local food, farmers and to provide entertainment to downtown Salina. This year's event will take place in the 100 block of South Santa Fe Avenue. The event is a dinner on South Santa Fe Avenue between Campbell Plaza and Walnut Street to promote local farmers and locally grown and produced food. The event organizers are proposing to close Santa Fe Avenue to through traffic between Iron Avenue and Walnut Street for the event. Funds raised from the event will go to a grant created by The Local Food Works Foundation that will be used to promote the benefits of locally grown food. In the event of rain, the Local Food Works Foundation plans to hold the event on September 16th. 8th.

As a part of the review process for this application, the application was submitted to Salina Downtown Inc. (SDI) for a review and comment period as per Resolution 12-6931. The resolution provides that applications for events taking place in Business Improvement District No.1 shall be referred to SDI for an advisory recommendation which may include suggested amendments or conditions. SDI did not receive any comments opposed to the date or proposed location of the event. The primary concern expressed was a desire by business owners to wait until after 1:00 p.m. to close Santa Fe Avenue. This year's application maintains set up time at 3:00 p.m. so Santa Fe will be barricaded at that time. Leslie Bishop with SDI has indicated that SDI has no concerns about this year's event.

The Local Food Works Foundation requests that the Governing Body approve an ordinance identifying the Feast on the Fe on Saturday, September 9, 2023 as a qualifying special event and authorizing the sale, possession and consumption of alcoholic liquor within the boundaries barricaded public area at the event.

The boundaries of a special event must be clearly marked by signs, a posted map or other means which reasonably identify the area which alcoholic liquor may be posessed or consumed at such event.

FISCAL NOTE: Approval of the ordinance will not have any fiscal impact on the City other than the provision of street barricades.

The motion to approve Feast on the Fe as a special event was approved 5-0.

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