To: Honorable Mayor and Members of Town Council
From: David L. Corliss, Town Manager
Title
Update: Initial Staff Review of Common Consumption Procedures
Body
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Executive Summary
During the May 19, 2020 Town Council meeting, Town Council directed staff to provide information on creating an Entertainment District in downtown Castle Rock.
Overview of Entertainment District and Common Consumption Process
In order for a Common Consumption Area (CCA) to be created, Council must first amend the Code to allow for Entertainment Districts, and then a specific Entertainment District is then proposed for Council approval. A Promotional Association Board must then be formed and present a Common Consumption Area to the Liquor Licensing Authority for approval.
The Promotional Association Board accepts responsibility for the CCA and any associated costs. The CCA must also work within the Town structure and guidelines. The impact on traffic, residents, public safety, and Town staff must be weighed. For instance, if street closures are needed, this would impact Public Works staff. Depending on the size, location, and operating times; public safety would determine if police assistance is required.
Ordinance Allowing Entertainment Districts in the Town (*)
Ordinance for Council approval to modify the Code to allow Entertainment Districts in the Town.
Resolution Approving an Entertainment District (*)
Resolution for Council approval proposing the boundaries of an Entertainment District.
• An organization such as the DMA or Chamber would propose an Entertainment District.
• Entertainment Districts must be less than 100 acres.
• Contain at least 20,000 square feet of licensed premises within its borders.
• Multiple Entertainment Districts can be created within the Town.
(*) Council may determine local requirements, set fees, create an application and approval procedure, and a procedure for decertification of a Promotional Association.
Formation of Promotional Association
Liquor Licensees within the District form a Promotional Association.
• Promotional Association must be certified by the State.
• The Association forms a Board that consists of a representative from each licensed premise attached to the Common Consumption Area and two landowners or lessees within the Entertainment District.
• Common Consumption Areas must contain at least two licensed Hotel & Restaurant, Tavern, or Brew Pub licensees.
• The Board proposes a boundary for a Common Consumption Area.
• The Board determines the structure of the CCA to be presented for approval:
o Licensees attached to the Common Consumption Area.
o “Go Cups” must be purchased by the Board that identify which establishment the alcohol was purchased from.
o Specific Days and Hours are established for the CCA.
o The Board is responsible for a security plan, boundary delineations, street closures, etc. and any associated costs.
o The Board must carry $1M liability insurance for all of the participating establishments with the Town as an additional insured.
• The Board submits an annual report to the Liquor Licensing Authority by January 31.
Approval of Common Consumption Area (CCA) by the Liquor Licensing Authority
The Promotional Association would then request approval of a Common Consumption Area.
• The CCA’s are approved by the Liquor Licensing Authority.
• A petition is required from the surrounding area to determine the needs and desires for a CCA.
• Multiple CCA’s may be created within an Entertainment District and operate independently with separate Boards.
• Alcohol can only be consumed at the establishment it was purchased from or in the CCA.
• Streets within the CCA must be closed to traffic when a CCA is in effect.
• CCA boundaries must be delineated.
• CCAs can be in effect along with a Special Event that sells their own alcohol.
Current Initiatives to Assist On-Premise Liquor Establishments and Downtown Businesses
Town, DDA and the Downtown Alliance Efforts to Assist on Modifying Premises
• Town staff streamlined the review of Temporary Use Permits to add outdoor spaces for on-premise liquor licensees and retail businesses. All Town fees have been waived.
• DDA, Downtown Alliance and Town Staff are working together to expedite use of the DDA Temporary Patios for dining and to increase retail space in front of downtown businesses to accommodate social distancing.
• Town staff is working closely with the state for expedited approvals to extend liquor licensing to those areas. Per the State of Colorado Emergency Regulation 47-302 (F), businesses may make a 120-day, temporary modification of on-premise liquor licenses and serve liquor in these outdoor dining areas including sidewalks, parking lots and streets.
Outdoor Dining Map
Douglas County, the Town of Castle Rock, Douglas County Libraries, Douglas County School District and several Downtown businesses have partnered to allow public outdoor dining on their premises. The Alliance has purchased a small number of tables and chairs to be placed at these locations Downtown to increase public dining options and encourage community members to visit Downtown safely. A map has been created to help community members identify public outdoor dining areas in Downtown, so people can utilize restaurant take-out and eat at these locations.
Douglas County Library Chairs
The Philip S. Miller Library branch has donated 150 chairs to Downtown restaurants looking to expand outdoor seating. Alliance staff connected the library with interested business and chairs were delivered to businesses last week to help reduce the financial burden of expanding outdoor seating during COVID-19. In addition, the Alliance announced on social media that staff would help match any publicly donated outdoor furniture to a business in need.
Designated Curbside Pickup Spaces
Businesses may apply for temporary use of a Town, public parking space for the use of customers parking for curbside pickup. Designated spaces allow businesses to have an organized and efficient way to serve customers.
Next Steps
In the past, the businesses were presented with the concept of a Common Consumption Area but did not show any interest. However, the Downtown Merchants Association will be holding a meeting later this week and will approach the businesses to see if there is interest in pursuing Common Consumption Areas.
Staff Recommendation
Staff recommends awaiting the feedback from the DMA meeting to see if there would be any interest in pursuing a Common Consumption Area.