Posted: 6:08 p.m. Wednesday, Sept. 16, 2015

Public hearing next step for open container area

By Ed Richter

Staff Writer

MIDDLETOWN — 

Middletown has taken the first steps to possibly become the first city in Ohio to establish a Designated Outdoor Refreshment Area.

City Council heard a presentation from Law Director Les Landen and Public Safety Director David VanArsdale on the proposed plan to establish a DORA in a half-mile space within the city’s entertainment district during its meeting Tuesday.

After the presentation, there were a couple general questions about the statute, but council members said they wanted to hold a public hearing on the proposal to gather more input from residents and businesses. Landen said the new law gives council the option to hold a hearing or not.

Landen thinks the legislation to authorize the DORA would be before council in November.

“Upon adoption we notify Division of Liquor Control, which issues permit holders within DORA an outdoor refreshment area designation,” Landen said in an email. “(There’s) No timeframe for that in the statute.”

“This is new law, so we’re working our way through things,” said City Manager Doug Adkins.

The DORA is designed to assist several downtown establishments and enhance the budding downtown entertainment district has been completed.

The proposed DORA is bounded by Clark Street, Manchester Avenue, South Canal Street, Columbia Avenue including Donham Plaza, North Main Street, including the buildings on the northwest corner of North Main and Central Avenue, Central Avenue to the Great Miami River and around the southern edge of Forest Hills Country Club, Water Street and around the American Legion on South Main Street to First Avenue, to South Canal Street, to Reynolds Avenue to Curtis Street to Central Avenue back to Clark Street.

City officials said the DORA’s area can be adjusted as necessary.

In that area, there are five state liquor permit holders: At the Square; Murphy’s Landing; The Canal House; The American Legion; and Forest Hills. The area also includes possible future locations such as the Manchester Hotel, the proposed microbrewery/tap room in the Snider Ford/Sonshine building and other ventures in the works.

According to the proposed plan, the DORA will be in operation from 6 p.m. to midnight on Thursdays, Fridays and Saturdays and at any other times established by the chief of police with the concurrence of City Council through a council motion.

For large special events, the city may require the organizer to hire off-duty police officers for safety reasons. The city will be adding 10 trash receptacles to the 32 already in the DORA, and the city’s collector will service all receptacles once a week with additional collections as needed.

While this would be an open container area, the beverages would be required to be purchased at establishments within the DORA, city officials have said. Patrons can purchase and walk around with a beverage, but they cannot take that beverage into another establishment. It also does not allow people to bring their own beverages into that area and drink there. City officials also said that public intoxication ordinances would be enforced as well as open container law for people bringing in their own beverages.

The law, House Bill 47, allows cities or townships with populations ranging from 35,000 to 50,000 to designate one “outdoor refreshment area” where people could legally walk outside with open containers of alcohol, exempting them from Ohio’s open-container law, which generally prohibits a person from carrying an open container of beer or liquor in public.

The law could have a significant economic impact not only in Middletown, but throughout Butler County, with some communities keenly interested in such districts and the revenue they may generate.

 OK folks what important information did I missed concerning this law?

I thought Downtown Middletown Inc. wanted to make the downtown area “family friendly”.

Why does downtown Middletown even need this law?

so--u can buy a drink at one of the 3 downtown businesses selling liquor
u can carry it outside in this wide area but u cannot carry it in to another business(or can u carry it in to another district-located business NOT selling liquor IF allowed by the business?)
what about the bash, and other outside events also selling liquor? can u carry anything in to those events?

how will police monitor usage and origin over this area?
do police have time for this(I think probably not)?

nbd
no game-changer
this is a city priority?

Game changer? Mingling outside from one restaurant to another to bar hop offers some advantage? Perhaps, if you are a student at Ohio State on a campus of 55,000, but not downtown Middletown. Several businesses are cutting staff including Kristina's Hair Styling across from Stefano's because of the mess on Central. Hamilton just appears to be much further along in creating a German Village (Columbus) environment than Middletown throwing everyone against the wall. The Sr Citizen Ctr having alcohol now until midnight? What's next, 5-6 Vegas casino's downtown and a Hooters franchise leasing space in the Sr Ctr? Out of control.

Don't forget about changing codified ordinances for making city more business friendly.  

In all respect, we have far more important issues that affect everyone, than to be worrying about 2-3 bars in the former downtown area and being able to carry around liquor only purchased from them. It will pass and honestly not make a difference city-wide. Let it happen nbd.

Don't forget, none of these proposals would be possible were it not for the "brilliant neighborhood revitalization programs" carried out in areas surrounding the downtown. Take a tour sometime to see how the Dougmeister's and Fuchmeister's expenditures of millions in HUD funds has rejuvenated(?) these older, declining areas. NOT!!! See how their "visionary" activities have prompted widespread private property reinvestment(?) while also improving the marketability(?) of Ward 2 and parts of Ward 1 real estate. NOT!!! See how their creativity(?) and frugality(?) in formerly problematic central city neighborhoods has aided and abetted downtown property reinvestment. NOT!!!   It's always quite humorous to read of the praises of these two bureaucrats by shills and wannabees on this blog.