Dec 05, 2023

🎥 Common consumption area now effective in downtown Hays

Posted Dec 05, 2023 11:01 AM
A common consumption area sidewalk sticker at W. 11th and Fort, downtown Hays. Photo and video by Becky Kiser/Hays Post 
A common consumption area sidewalk sticker at W. 11th and Fort, downtown Hays. Photo and video by Becky Kiser/Hays Post 

By BECKY KISER
Hays Post

Alcoholic beverages purchased from participating businesses may now be consumed within the confines of the newly created Common Consumption Area of downtown Hays. 

The district encompasses 7th to 13th Streets, Oak to Fort, and 9th to 10th Streets from Fort to Ash. It is open year-round from 6 a.m. to 2 a.m. 

Common consumption area in downtown Hays. City of Hays map
Common consumption area in downtown Hays. City of Hays map

Hays city commissioners approved the concept on Aug. 24 after several  discussions during earlier work sessions. 

City staff then worked with the Kansas Department of Revenue Alcohol and Beverage Control to purchase the $100 one-year state permit for Hays as well as requirements for marking the area's boundaries.

"It's what I call 'signs and lines'," said Collin Bielser, deputy city manager. 

City of Hays 
City of Hays 

"We have (green and red) signage on stop signs, utility poles, and sidewalk decals, utilizing as much existing infrastructure as we were allowed."

There are also painted messages across roads and alleys indicating an entrance to or exit from the common consumption area.  

The installation work was done in-house. 

The city's permit must be displayed within the district. It's been placed in the shadow box at the downtown pavilion. 

Letters from the city finance department were sent to approximately 100 downtown businesses notifying them the district is now live.

Businesses that do not sell alcohol retain the right to decide whether allow  alcoholic beverages on their property. 

Those businesses that sell alcohol and are located in or adjacent to the district can apply for a permit to participate in the common consumption area. 

Per state law and city ordinance, alcoholic beverages must be sold in non-glass containers. Hays also requires a business logo on the container showing where the beverage was purchased. 

The common consumption area does not allow individuals to bring their own alcoholic beverages into the district for consumption, according to state law, and alcohol cannot be removed from the common consumption area unless it is in a properly sealed container. 

Enforcement of the laws will be done by Hays police and local Alcohol Beverage Control agents. 

The first business participating in the common consumption area is Paisley Pear Wine Bar and Bistro, 1100 Main, owned by Shaun Musil, Hays mayor.

"A few business owners aren't very happy about this. My business will respect that," Musil said. 

"We will train our employees to respect the businesses that don't want drinks in their stores. I can certainly understand that. We're going to do everything we can to be nice to our neighbors and hopefully everybody else will too."

Businesses participate in the district by applying through the state. The information is forwarded to the city which does not charge a participation fee. 

Bielser said he expects other businesses to soon follow the lead of the Paisley Pear. 

Prior to a change in Kansas law early this year, city streets had to be shut down to traffic if alcohol was to be carried or consumed in public.

"Common consumption areas have been talked about by past city commissioners, but closing city streets is something that kind of deterred from actually implementing it," Bielser said.

"But now that you don't have to have that, the city commission felt it would enhance the downtown area as an entertainment venue when we have art walks, Brews on the Bricks, events like that."  

Non-profit organizations may also choose to participate in the common consumption area for special events but must be located in or adjacent to the district, have a temporary liquor permit issued by the state and have an approved application to participate in the district.

A link to the city's information page about the common consumption area is available here

"I greatly appreciate the education piece that we've added to the website," said Alaina Cunningham, commissioner. 

"I think that's valuable to patrons so they can try to understand and avoid any ticketing potentially."