When Ohio passed the outdoor open container law in May 2015, it is likely that no one at the Ohio Statehouse had a narrow corridor along Adams Street in mind. The Ohio open container legislation was originally proposed in support of two events: the 2015 Baseball All Star Game and the 2016 Republican National convention, both occurring in Ohio. No one could have imagined that the first major metro area to take advantage of the legislation would be Toledo.
However, thanks to significant efforts on behalf of local business owners in cooperation with community members and municipal department, the Toledo City Council voted December 8th to allow the first such zone in the state— the Uptown District. The vote on the ordinance (O-578-15) was fairly straight forward. The council voted 8-1 to support the creation of the open refreshment area over one objection.
The Final Vote
Yes:
Matt Cherry, Therea M. Gabriel, Yvonne Haper, Rob Ludeman, Tyrone Riley, Sandy Spang, Steven Steel, Larry Sykes and Lindsay Webb
No:
Cecelia Adams
Not Present:
Mike Craig and Tom Waniewsk
Events to prompt law’s passage
Outside to boundaries of Bourbon Street and the Las Vegas Strip, open containers of alcohol have not been permitted on the street/sidewalk or in a car for most states, including Ohio. Many communities, however, have capitalized on relaxing open container laws and creating diverse entertainment districts. The Power & Light District of Kansas City, Beale Street in Downtown Memphis, and the Savannah Historic District are all communities that allow open alcoholic beverage containers, with varying restrictions.
The Ohio law originally focused on Cincinnati and Cleveland. Cincinnati lobbied hard for the law’s passage in time for the MLB All Star Game this past July then chose not to act on the law's provisions. The other major motivation for passage of the legislation was the upcoming Republican National Convention (July, 2016) in Cleveland. However, the law allows for municipalities statewide to create open container zones.
By the rules
The rules for open container zones allow any city of 35,000 residents to designate an open container zone. That zone must be no more than half a square mile and must include at least four liquor permit holders. For cities greater than 50,000, two such zones can be designated. In 2017 the law will expand to include smaller municipalities which will be able to establish more limited zones.
“The size restrictions and requirements of a certain concentration of liquor permits serve to ensure the appropriate location. The idea being that, if an area has four liquor permits in a half square mile, this designation should not fundamentally change much of that area’s character. If it meets the legal criteria, the area is most likely already seen as an entertainment area. This is largely true of both Uptown and the Warehouse District,” said Dennis Sawan, a local attorney, living and working in downtown Toledo.
Although proposals and requests can come from bar and restaurant owners along with other businesses, input is required from city governments, including municipal departments of streets and bridges, police and fire departments.
People associated with the revitalization of downtown Toledo see the possibilities— as well as the pitfalls. Concerns with underage drinking, the need for additional police support, and even potential littering issues, have been voiced. Hours of operation as well as the days of the week open containers will be allowed are also topics of consideration. Currently the proposed hours are Monday through Friday, 5pm-2:30am and weekends noon-2:30am. These hours also include the restriction that all purchasing must be done by 1am.
Sawan added that, "Under the statute, a municipality must create a law requiring that all beer or intoxicating liquor within the outdoor refreshment area be served in a plastic bottle or container. While a bit unclear, this is likely to result in to-go plasticware at the door of each establishment or a transition to all plastic containers." (ORC 4301.82).
Zach Lahey, a representative of the non-profit organization Village on Adams, says, "We have worked closely with all of the relevant city departments, including police, sanitation, streets-bridges-harbors, transportation, and the plan commission. We have a solid, working ordinance with city and neighborhood cooperation."
Different than Community Entertainment Districts
These open container zones are not to be confused with community-entertainment districts (CEDs). Entertainment districts, designated by municipalities, are established to regulate the number of liquor permits in an area and are much larger than the half mile open container zones. Community-entertainment districts, such as the one established around Fifth Third Field, are designated to allow a higher density of alcohol retail permits in a given area. These areas (Toledo’s are listed below) are areas of no less than 20 acres, which contain a combination of entertainment and retail business along with cultural and social venues
The open container zones, however, are designed to be walking areas and pertain only to the ability to walk between neighboring venues with a drink. They do not regulate the sale or licensing of alcohol in a business. The open container zones only designate, up to one half square mile, an area where alcohol can be carried on the street.
Sawan adds, "It's important to note, however, that issues may arise with transporting alcohol into other establishments within an outdoor refreshment area, as the most common liquor permit only allows for consumption on the premises where sold."
The Next Steps
“The goal,” says Lahey, “is to roll out the Open Refreshment Area (ORA) in a safe, calm, and most importantly manageable atmosphere.”
The Council approved broad hours but doesn’t require open containers to be allowed during the entire time. Currently the proposed hours are Monday through Friday, 5pm PM – 2:30 AM and weekends 12 PM – 2:30 AM. These hours also include the restriction that all purchasing must be done by 1:00 AM. The Village on Adams will be doing the roll out and, if all works out, they will begin with weekend hours starting this March or April.
Above all the Village on Adams wants to make sure that they move in a slow, deliberate manner. “We want to bring the community with us on this journey,” says Lahey. “By moving slowly we can measure our success and update public and council on our progress. It is just good business to make sure our skills in running the ORA are ahead of the demand.” He pauses then says for emphasis. “It is an exciting time for Toledo.”
Check up with The Village on Adams on their website or through Facebook, you can also visit toledocounsel.com for more information.