Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
December 19, 2023
DATE:December 19, 2023
CONTACT PERSON:Councilmember Spencer Duncan, Policy and Finance Committee Chairperson; and City Attorney Amanda StanleyDOCUMENT #:
SECOND PARTY/SUBJECT:Common Consumption PROJECT #:
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 010 Alcoholic Beverages
CIP PROJECT:No
ACTION OF COUNCIL:Discussion: 12-12-23JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

ORDINANCE introduced by Interim City Manager Richard U. Nienstedt concerning the creation of Common Consumption Areas and designating area boundaries. (The Policy and Finance Committee recommended approval by a vote of 2-0-0 on December 6, 2023.)

 

Voting Requirement: Action requires at least six (6) votes of the Governing Body.

 

(Proposed Common Consumption Areas "CCA" to be established are located in NOTO and Downtown Topeka. The defined areas allow for individuals to possess and consume alcoholic liquor outside of a licensed bar, restaurant, or other eligible establishment that is permitted to sell alcoholic beverages by the State of Kansas.)

 

VOTING REQUIREMENTS:
At least six votes of the Governing Body
POLICY ISSUE:

Whether or not to establish common consumption areas and designating area boundaries in the NOTO and Downtown areas of the city. 

STAFF RECOMMENDATION:
Staff is making no recommendation. 
BACKGROUND:

In 2022, the State of Kansas Legislature passed House Bill 2277 allowing a city or county to establish one or more common consumption areas by ordinance or resolution, designate the boundaries of any common consumption area, and prescribe the time during which alcoholic liquor may be consumed.

 

On October 27, 2023, the Policy and Finance Committee discussed  establishing proposed common consumption areas in NOTO and Downtown Topeka. The areas were picked directly because businesses in both communities thought it would be the right district location for a common consumption area. No action was taken by the Committee. 

 

The proposed Downtown CCA would encompass SW 4th between SW Jackson and SW Quincy on the north; SW 10th between SW Jackson and SE Quincy on the south; SE Quincy between SE 4th and SW 10th on the east; and SW Jackson between SW 4th and SW 10th on the west.

 

The proposed NOTO CCA would encompass Fairchild Street on the north, Norris Street on the south, Quincy Street on the east and Jackson Street on the west.

 

The possession and consumption of alcoholic liquor or cereal malt beverage is authorized provided that a common consumption permit has been issued to the City by the Director of Alcoholic Beverage Control (ABC) of the Kansas Department of Revenue in accordance with K.S.A. 41-2659. The city manager or designee is authorized to take all necessary actions relative to administering a CCA, including but not limited to, enacting regulations and executing all documents required to obtain a CCA permit on behalf of the City. The possession and consumption of alcoholic liquor or cereal malt beverage in each CCA shall be allowed only between the hours of 11:00 a.m. and 10:00 p.m. Sunday through Thursday and 11:00 a.m. to midnight on Friday and Saturday. 

 

BUDGETARY IMPACT:

State Of Kansas requires a nonrefundable permit fee of $100 to accompany the application. It is anticipated there will other budgetary impacts related to signage requirements and increased police presence. 

SOURCE OF FUNDING:
General Fund: Permit Fee 
ATTACHMENTS:
Description
Ordinance (Dec 14, 2023 clarified boundary language)
Policy and Finance Committee Report (Dec 6, 2023)
Policy and Finance Committee Dec 6, 2023 Meeting Minutes (DRAFT)
Policy and Finance Committee Minutes Excerpt (Oct 27, 2023)
Downtown CCA Map
NOTO CCA Map