Booze could be allowed in more outdoor areas under bill

You may soon be able to walk around in some spots outdoors with an alcoholic drink in your hand.

House Bill 2277 would authorize cities to establish “common consumption areas” – or entertainment districts – where people could move around freely with their drinks.

Right now, leaving a bar or restaurant with an alcoholic drink is against the law, said Rep. Tom Cox, R-Shawnee. In common consumption zones, you could leave a restaurant with a drink and go to a bar or shop within the zone.

The bill passed the House 114-11 in early April. This week, the Senate Federal and State Affairs Committee sent it to the full Senate.

“Creating a common consumption area allows patrons an opportunity to enjoy a ‘community-feel’ environment and exercise greater freedom moving from point to point with an alcoholic beverage in hand,” Rep. Kristey Williams, R-Augusta, told the committee last week.

State law now allows temporary permits for the consumption of alcohol. But common consumption areas would be in place long term. Cities would be allowed to set the time and dates when alcohol is allowed.

Wichita Mayor Jeff Longwell suggested in written testimony to lawmakers that the city would want to create common consumption districts downtown, saying officials will “continue to explore strategies to make downtown Wichita the most vibrant and appealing destination possible.”

Ken Evans, a spokesman for the city, said Tuesday that Wichita probably would look to create smaller districts that are not the size of Old Town. He mentioned Delano and College Hill as possibilities.

“We support the concept overall,” Evans said, but added the city wants to ensure sufficient local control to guarantee public safety.

Cox, one of the leading proponents of the bill, said Wichita could establish multiple districts within Old Town so that it doesn’t have to shut down streets. The bill would bar individuals from crossing the street with alcohol unless the street’s been shut down, he said.

Cox mentioned the Power and Light district in Kansas City as an example of what a consumption area might look like. There, restaurants and bars surround an open area and patrons are free to walk from spot to spot with their drinks.

Occidental Management, a commercial real estate developer based in Wichita, has raised concerns about the bill.

“While we are proponents of the intent of HB 2277, we have the upmost confidence that if these proposed revisions are not included in an amendment, then the bill will not have the support of the business community,” CEO Gary Oborny and director of construction Justin Strelow said in a letter to the committee.

The bill says each consumption area permit holder would be liable for violations of the law that occur within the common area but outside of a liquor-licensed establishment. Occidental’s leadership wants individual patrons to be liable for violations.

The company also listed concerns over how clearly the consumption area is labeled.

Cox said the requirements have been kept loose – an area can be marked with a barrier, or a painted line or a ribbon, he said. The main thing is that people know how far they can take their drink, he said.

“People have to be able to tell this is the end of the common consumption zone. If I step over that line with my alcoholic beverage, I’ve now violated the law,” Cox said.

This story was originally published May 10, 2017 at 7:13 AM with the headline "Booze could be allowed in more outdoor areas under bill."