Title
Ordinance Designating an Outdoor Refreshment Area and Requesting the Board of Directors of the Virginia Alcoholic Beverage Control Authority to Increase the Annual Frequency of Licensee Events Within the Outdoor Refreshment Area
Purpose
PURPOSE/BACKGROUND:
Historically, Virginia Code § 4.1-206.3 included a provision regarding a “local special events” license, issued by the Board of Directors of the Alcoholic Beverage Control (ABC) Authority (the “Board”). This license was available to localities, business improvement districts, or nonprofit organizations and authorized the consumption of alcoholic beverages within areas designated by the Board. Established general ABC requirements apply - such as the purchaser needing to be at least 21 years of age - and other requirements related to the type of beverage container, signage, and security were also identified. The use of this license was limited to 16 events per year, with the duration of any one event not to exceed three consecutive days.
In 2021, Virginia Code § 4.1-206.3 was amended to change this license, previously known as the local special events license, to a designated outdoor refreshment area (DORA) license. In addition to changing the name of the license, the 2021 amendments also provided that the frequency and duration of events allowed under the license could be increased by the Board if an ordinance requesting such an increase was adopted by a locality and approved by the Board. In addition to including the desired frequency and/or duration increase, the locality’s ordinance must also include the size and scope of the area in which events would be held, a public safety plan, and any other considerations deemed necessary by the Board. The 2021 amendments did not change who was eligible to apply for this license or the general requirements associated with use of the license, which are detailed more below.
As noted above, established general ABC requirements apply. For example, the purchaser must be at least 21 years of age. In addition, only alcoholic beverages purchased from permanent retail on-premises licensees located within the designated area may be consumed at the event, and the beverages shall be contained in paper, plastic, or similar disposable containers that clearly display the name or logo of the retail on-premises licensee from which the alcoholic beverage was purchased. Alcoholic beverages shall not be sold or charged for in any way by the DORA licensee. And the DORA licensee shall post appropriate signage specifying the DORA boundaries and provide adequate security to ensure compliance with State Code and ABC Board regulations.
The Downtown Hampton Development Partnership, Inc. (DHDP) requested that the City adopt an ordinance to establish a designated outdoor refreshment area downtown and to increase the number of special events permitted within the area in a calendar year. This will provide DHDP with flexibility to hold additional events in the downtown area.
Under the proposed Non-Coded Ordinance, the designated area includes portions of Queens Way and portions of the waterfront near Carousel Park and the Docks at Downtown. The number of events permitted within the designated area would increase from 16 to 32 events per year, however, the duration of any event would remain limited to no more than three consecutive days. The Ordinance specifies that in addition to adhering to any state requirements, the licensee must also comply with any City requirements, including but not limited to City Code Chapter 2, Article XIII, Special Events. The safety plan includes language to confirm that existing laws related to trespassing or alcohol remain in place, that the police division shall coordinate with the licensee regarding the provision of adequate security, that the police division shall report any suspected violations, and that, as deemed necessary, public streets within the designated areas may be closed during licensed events.
Staff have worked closely with Virginia ABC on the drafting of the Non-Coded Ordinance. Staff recommends approval. No public hearing is required for this matter.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Non-Coded Ordinance.
Body
WHEREAS, the Downtown Hampton Development Partnership, Inc. (“DHDP”) has held a Virginia Alcoholic Beverage Control Special Events License for a designated area in Downtown Hampton for many years;
WHEREAS, Virginia Code § 4.1-206.3(D)(2)(c) provides that a locality, business improvement district, or nonprofit organization may obtain a “Designated Outdoor Refreshment Area License” which authorizes the licensee to permit the consumption of alcoholic beverages in an outdoor refreshment area designated by the Board of Directors of the Virginia Alcoholic Beverage Control Authority (the “Board”);
WHEREAS, designated outdoor refreshment area licensees are limited to sixteen (16) events per year, with the duration of any event not to exceed three (3) consecutive days, unless the Board increases the frequency and duration of events after adoption of an ordinance by the locality requesting such increase in frequency and duration;
WHEREAS, the local ordinance must also include the size and scope of the area within which such events will be held, and a public safety plan;
WHEREAS, DHDP’s use of the special event license in prior years has contributed to an increase in sales at both restaurants and retail establishments in Downtown Hampton, without causing increased security or public safety concerns;
WHEREAS, DHDP has asked City Council to support an increase in the number of annual licensed events in designated outdoor refreshment areas beyond the sixteen currently allowed; and
WHEREAS, it is in the best interests of the City, its residents and its business community to support DHDP’s request.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Hampton, Virginia, that this Non-Coded Ordinance designating an outdoor refreshment area and requesting an increase in the frequency of licensee events within the outdoor refreshment area is hereby adopted as follows:
Section 1. Purpose and intent.
The purpose and intent of this ordinance is to conform to Code of Virginia § 4.1-206.3, permitting the City to designate an outdoor refreshment area and increase the frequency of events allowed within the designated outdoor refreshment area, subject to approval by the alcoholic beverage control board (ABC), in which the limited possession of alcoholic beverages in designated public places is allowed.
Section 2. Designation and boundaries of outdoor refreshment area.
The City, subject to approval by the ABC, hereby designates portions of Downtown Hampton as an outdoor refreshment area. A map of such area, identified as Exhibit A, is attached hereto and incorporated herein.
Section 3. License, requirements and compliance.
The rules and allowances contained herein shall only become effective upon the granting of a designated outdoor refreshment area license by the ABC to the Downtown Hampton Development Partnership, Inc. Such licensee shall file a copy of their ABC license with the Special Event Coordinator. Such licensee shall be responsible for abiding by the terms of the license and any other ABC laws or regulations to which the licensee is subject. Such licensee shall be prohibited from selling alcoholic beverages pursuant to the designated outdoor refreshment area license and any alcohol consumed within the designated outdoor refreshment area must be purchased as provided in Section 6(a) of this ordinance. Such licensee shall have no more than thirty-two (32) events held pursuant to Code of Virginia § 4.1-206.3 within a single calendar year. No such event shall exceed three consecutive days.
Any licensee authorized by the ABC to permit the consumption of alcoholic beverages within a designated outdoor refreshment area shall also comply with all applicable license and permit requirements of the City of Hampton, including but not limited to City Code Chapter 2, Article XIII, Special Events, and all applicable regulations and requirements of the Commonwealth of Virginia.
Section 4. Signage.
The designated outdoor refreshment area shall be marked with temporary, durable weatherproof signage at all places where a public sidewalk intersects the designated outdoor refreshment area. The signage shall face the interior of the designated outdoor refreshment area and indicate "No alcohol permitted past this point". All signs must be approved by the Special Event Coordinator at least 48 hours prior to the licensed event.
Section 5. Exceptions and limitations.
Notwithstanding the prohibition on the drinking of alcoholic beverages in public places imposed by Code of Virginia § 4.1-308, it shall be lawful to drink alcohol in any public place within the designated outdoor refreshment area, including outdoor seating, public sidewalks, public plazas, and private businesses lacking an ABC license, subject to the following conditions:
(a) Any alcohol consumed within the designated outdoor refreshment area must have been purchased from an ABC-licensed vendor located within the designated outdoor refreshment area.
(b) Alcohol may only be consumed on the public property within the designated outdoor refreshment area during the hours of a licensed event held pursuant to a designated outdoor refreshment area license.
(c) Except when on the premises of an ABC-licensed vendor, any alcohol consumed within the designated outdoor refreshment area must be contained in paper, plastic, or similar disposable containers with a capacity of no more than 16 fluid ounces that clearly displays the name or logo of the ABC-licensee from which the alcoholic beverage was purchased.
(d) No alcohol may be consumed upon privately-owned property within the designated outdoor refreshment area, unless such private property owner consents. Any private property owner, or their designee, within the designated outdoor refreshment area who wishes to prohibit the consumption of alcohol on their property should indicate his preference by signage at the public entrance of the property indicating "no alcohol permitted on premises" or other notice containing similar language. Nothing in this ordinance shall limit a private business from requiring an individual to leave their premises at any time for any lawful reason. Individuals remaining on the property of a private business after being asked to leave are trespassing and may be subject to arrest under state and City code.
(e) No alcohol may be consumed upon or within City-owned buildings or facilities, unless such consumption has been approved by a separate license issued by ABC pursuant to state law.
Section 6. Public safety plan.
(a) Nothing in this article shall modify any other law pertaining to trespassing or to alcohol, including but not limited to prohibitions on public intoxication, drinking while driving, driving while intoxicated, underage drinking, and illegal alcohol sales.
(b) The police division shall coordinate with the licensee regarding the provision of adequate security for all special events within the designated outdoor refreshment area. If police officers are required for security, they shall be provided through an agreement made pursuant to an off-duty employment agreement as provided for in Sec. 2-112.
(c) The police division shall report any suspected violation of any licensing provisions outlined in Code of Virginia § 4.1-206.3 to ABC as soon as is practicable.
(d) If deemed necessary for the protection of the public safety, the police chief or his designee, in coordination with the city manager, may close to vehicular traffic any public streets within the designated outdoor refreshment area during any licensed event.
Section 7. City manager authority.
The City manager is hereby authorized to take such actions and issue such regulations as deemed necessary to ensure that the public safety and welfare of the public is protected within the designated outdoor refreshment area, including security-related decisions, design and placement of required signage, and provisions for the enforcement of this article.
Section 8. Violations of article; penalty.
Violations of this article shall be guilty of a class 4 misdemeanor.