Memorandum

City of Lawrence

Administrative Services Department

To:	David L. Corliss, City Manager
From:	Frank S. Reeb, Administrative Services Director
CC:	Toni Wheeler, Director of Legal Services Jonathan Douglass, Assistant to the City Manager
Date:	April 22, 2008
Re:	Pipeline Productions, Distance Restriction Waiver Request related to May 14^th Wilco Concert

Introduction

On March 20, 2008 the City Clerk’s Office received a Temporary Permit application from Mike Logan with Pipeline Productions requesting the temporary sale, possession, and consumption of alcoholic beverages on the city owned portion of the vacant lot on the corner of 9^th & New Hampshire Street and along the 900 Block of New Hampshire Street as part of the Wilco concert on May 14, 2008. Mr. Logan also applied for a State Temporary Permit through the Kansas Department of Revenue, Alcohol Beverage Control Division. Because the requested temporary sale, possession, and consumption of alcoholic beverages is within 400 feet of a school or church, in this case the Salvation Army Church, the applicant has petitioned for a distance restriction waiver. Such a waiver request is expressly authorized in Code Section 4-113(C). Pursuant to that Code provision, we sent a letter to the Salvation Army Church on March 20^th, notifying them of the public hearing, and a Notice of Public Hearing was published in the Lawrence Journal World on April 3, 2008. As of the date of this memo, we’ve received no comments from the Salvation Army or any member of the public. Further, pursuant to City Code section 4-113(C), if the Commission approves the waiver request, there must be “a finding by the Governing Body that the proximity of the establishment is not adverse to the public welfare or safety.”

In the event the Commission approves the distance restriction waiver, because this temporary event will occur on City property on which the sale, possession and consumption is generally prohibited by City Code, pursuant to City Code section 4-105, an ordinance authorizing the temporary sale, possession and consumption would be required. I have attached a copy of Ordinance 8264 for consideration and approval. This ordinance, if adopted would allow the temporary sale, possession, and consumption of alcoholic beverages on May 14^th from 6:00 p.m. to 11:30 p.m.

Recommendation Actions
Staff recommends approval of the distance restriction waiver and recommends the City Commission find that the proximity of the temporary event is not adverse to the public welfare or safety.”

In addition, staff recommends the Commission adopt, on first reading, Ordinance 8264, authorizing the temporary sale, possession and consumption of alcoholic beverages on the specified city property.