BY TONY GUERRERO
Hays Post
Hays city commissioners discussed the idea of a common alcohol consumption area in downtown Hays during a work session on June 6.
Areas of consideration included Seventh Street to 13 Street and Fort to Oak or Walnut to Oak in order to include Taco Shop and The Golden Q. Fort Hays State Univeristy is not a point of interest to be included in the area.
The city of Hays staff reported that before July, roads within a common consumption area were blocked and prohibited the passage of vehicles. Recent legislation changes this restriction to requiring signage at the border of a consumption area that would include dates and times of operation.
The fee for a common consumption area permit, which would be valid for one year, is $100. The fee would be paid for by the city. Businesses that wish to do so need to be located near or adjacent to the common consumption area and would be required to serve drinks with their logos or a visible identification from which the drink originated.
Agent Justin White from Kansas Alcohol Beverage Control explains the potential neighborhoods that could be impacted by the new law.
“My concern with residential areas is they can have minors at it,” White said at the commission meeting. “... law enforcement wouldn't be monitoring those residential areas. The minute a minor would step off that private property, [it] now becomes a concern with a minor in possession.”
The common consumption area in Old Town Wichita was referenced in the discussion for what the jurisdiction would look like for residents and businesses in downtown Hays.
“The issue becomes with a common consumption area is the permit holder holds the liability for the violations that occur in that common consumption area. Where a business that is licensed through the state for alcoholic liquor, they hold the liability inside their license premise,” White said.
The effectiveness of logos on containers was brought into question by Mayor Shaun Musil who said they can be reused in future occasions outside of common consumption areas.
Using nonreusable containers like plastic cups was suggested but was still problematic among the city commissioner.
“So what we're saying is we need to be environmentally irresponsible in order to have a common consumption area and put logos on things that can't be reusable,” City Commissioner Reese Barrick said.
White admits enforcing the law will be difficult in situations of people pouring their own drinks into containers provided by businesses.
Hays Police Chief Don Scheibler said he prefers to not block off streets at common consumption areas for the sake of businesses and their customers.
“One of the benefits of having more people downtown is you want the businesses open. You're going to need to have the parking. It's easier for us not to block off the street,” he said.
Nonprofit organizations like the Wild West Festival can participate in the common consumption law as long as they are a permit holder. Businesses outside of a common consumption area where an event is being held can get a caterer liquor license to serve but would still need approval from the city.
The dates and times of operations discussed ranged from 6 a.m. to 2 a.m. or 24/7.
White said any violations of beverages being misused in common consumption areas will be investigated to determine who is at fault between consumers and permit holders.
City Commissioner Mason Ruder made mention of the environmental effects a common consumption area can have in the downtown area.
“If people walk around with disposable cups, I don't want downtown to start looking like garbage,” Ruder said.
Members of the commission were in agreement to install public trash cans and recycling bins wherever it’s needed.
The meeting on June 6 was a work session, and no vote has yet to be taken. Further discussions and deliberations will be carried out in future sessions.