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6.1 Ordinance No. 22-11119 Feast on the Fe 2nd ReadingCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 07/11/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: g BY: ITEM City Clerk's Office FINAL APPROVAL: NO: 1 Page 1 BY: JoVonna A. Rutherford, Ci y Clerk BY ITEM: Ordinance No. 22-11119 Second reading of Ordinance No. 22-11119, approving the Feast on the Fe as a special event and authorizing the consumption of alcoholic liquor within the boundaries of barricaded public areas at such event. BACKGROUND: Ordinance No. 22-11119 was passed on first reading on June 27, 2022, with an event date of October 1, 2022. Since that time no additional comments have been received. FISCAL NOTE: There would be no fiscal impact on the City of Salina if this ordinance is approved except for the costs associated with the placement of barricades on Santa Fe Avenue. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Approve Ordinance No. 22-11119 on second reading. 2.) Approve Ordinance No. 22-11119 on second reading with amendments as the City Commission deems appropriate. 3.) Postpone consideration of Ordinance No. 22-11119 on second reading to a specified date and time and provide staff direction regarding additional information or amendments the City Commission would like to request for their further consideration. 4.) Vote to deny Ordinance No. 22-11119 on second reading if it is not in the public's interest to approve this special event. Staff recommends Option #1 Attachments: CC: Ordinance No. 22-11119 (Summary published in The Salina Journal on July _, 2022.) (Published on the City of Salina's website for a minimum of one week from July , 2022.) ORDINANCE NO. 22-11119 AN ORDINANCE APPROVING A SPECIAL EVENT AND AUTHORIZING THE CONSUMPTION OF ALCOHOLIC LIQUOR WITHIN THE SPECIAL EVENT BOUNDARIES WHEREAS, The Local Food Works Foundation (the "Applicant") has made application for a Special Event Permit to host a community gathering, the "Feast on the Fe," from 6:00 p.m. to 9:00 p.m. on October 1, 2022 and, if it rains, 6:00 p.m. to 9:00 p.m. on October 8, 2022 (the "Special Event") to be held on a closed portion of South Santa Fe Avenue identified on the attached and incorporated Exhibit A (the "Special Event Boundaries"); and WHEREAS, the Applicant requests the consumption of alcoholic liquor on city streets and public sidewalks as part of the Special Event as governed by K.S.A. 41-719(a)(2); K.S.A. 41-1201; Salina Code Sec. 5-24; and the guidelines set forth in Resolution Number 12-6931; and WHEREAS, Salina Code Sec. 5-16(14) provides that "Special Event" means a picnic, bazaar, festival or other similar community gathering which has been approved by the governing body; and WHEREAS, the Special Event is to occur within an allowed area for special events involving the consumption of alcoholic liquor designated in Salina Code Sec. 5-24 and conforms with the guidelines set forth in Resolution Number 12-6931; and WHEREAS, alcoholic liquor may be consumed at a special event held on public streets, alleys, roads, sidewalks or highways when a temporary permit has been issued pursuant to K. S.A. 41-1201, for such special event; the Applicant has applied to the Alcoholic Beverage Control Division of the Kansas Department of Revenue for a temporary permit for the Special Event; and WHEREAS, K.S.A. 41-1201 requires that the Special Event must be approved by ordinance of the local governing body of any city where a special event at which alcoholic liquor will be consumed is being held on city streets, alleys, roads, sidewalks, or highways; SO NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS: Section 1. Pursuant to K.S.A. 41-719(a)(2); K.S.A. 41-1201 and Salina Code Sec. 5-24, the Governing Body approves the Special Event to be held within the Special Event Boundaries, subject to the issuance of the temporary permit for the Special Event to the Applicant by the Alcoholic Beverage Control Division of the Kansas Department of Revenue prior to the Special Event. Section 2. Authorization is given to barricade the Special Event Boundaries. A smaller area may be selected based on the size of the event, but the Special Event Boundaries may not be expanded. Section 3. In accordance with K.S.A. 41-719(a): a. No alcoholic liquor maybe consumed inside vehicles while on public streets, alleys, roads or highways at the Special Event; b. No person shall remove any alcoholic liquor from inside the Special Event Boundaries; and c. The Special Event Boundaries shall be clearly marked by signs, a posted map or other means which reasonably identify the Special Event Boundaries. Section 4. Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary: Ordinance No. 22-11119 Summary On July 11, 2022, the City Commission passed Ordinance No. 22-11119. The Ordinance authorizes the consumption of alcoholic liquor in and the barricading of a designated area of South Santa Fe Avenue between Iron Avenue and Walnut Street and the adjoining public sidewalks as part of a special event (Feast on the Fe) to be held on October 1, 2022 and in the event of rain on October 8, 2022. A complete copy of the Ordinance can be found at www.salina-ks.eov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: June 27, 2022 Passed: July 11, 2022 Trent W. Davis, M.D., Mayor [SEAL] ATTEST: JoVonna A. Rutherford, City Clerk The publication summary set forth above is certified this _ day of July, 2022. Greg A. Bengtson, City Attorney v Ull a