At Monday's City Commission Meeting, Commissioners an ordinance approving the Santa Fe Showdown 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
Calvin Galp of Calvin's Customs and Hot Rod Repairs 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 Santa Fe Showdown event scheduled to take place on Friday July 28, 2023 in North Santa Fe Avenue. Only the Special Event Retailer's Permit requires City Commission approval. The remaining items can be approved administratively by City staff through the Special Event Review and approval process.
Plans are for the Santa Fe Showdown event to be held on Friday July 28, 2023, with street closure and setup beginning at 3:00 p.m., with the event and alcoholic beverages served from 5:00 p.m. to 11:00 p.m., and event teardown from 11:00 p.m. to 1:00 a.m. The purpose of the event is to provide an event where participants and fans of the KKOA Lead Sled car show event can gather and look at car show vehicles, listen to music and have fun. It is a free event and open to the public. This year's event will take place in the 300 block of North Santa Fe Avenue from Elm Street to just north of Pine Street. The event will block off and close North Santa Fe but the event will also utilize Calvin's parking lot south of his building and two OCCK parking lots on the east side of Santa Fe for porta-potties and food trucks. A stage will be set up on Calvin's parking lot and the Sunset Sinners will be performing on that stage. There will be a private party for participants serving alcohol inside Calvin's shop. The public portion in the street will be BYOB. The event organizers will not be selling alcohol.
As a part of the review process for applications received for events taking place within the boundaries of Downtown Business Improvement District No.1, applications are referred to SDI for comments and feedback from their members. Although this event is taking place on and along Santa Fe Avenue, it is located outside the Downtown Business Improvement District and it was not referred to SDI for review and comment. However, SDI is aware of and is supportive of Mr. Calp's event.
Mr. Galp requests that the Governing Body approve an ordinance identifying the Santa Fe Showdown on Friday July 28, 2023 as a 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 the ordinance was approved 5-0.