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For some, drinking a cold beer while strolling downtown sounds like Heaven. For others, it sounds like a liability. The City of Kokomo has decided its sits firmly in the former group. It has rolled out plans to establish a Designated Outdoor Refreshment Area, or DORA, to allow public consumption.
The DORA would be in effect every day between 11 a.m. and 1 a.m., meaning a drink while downtown shopping would be a reality. City attorney T.J. Rethlake and city controller Weston Reed championed the cause in front of a group of affected business owners and concerned citizens on Jan. 30.
“(The DORA) allows people to purchase alcoholic beverages from approved businesses within the DORA and carry them outside to be consumed within the DORA’s boundaries,” said Reed. “The DORA is designed to make it easier to social distance, and to stroll within the district and support our local restaurants and bars.”
The DORA was enacted statewide by the Indiana Legislature last summer. Since that time, “many” cities have adopted the new rules, Reed said. And Kokomo wants to follow suit.
“The city’s goal is to facilitate a vibrant setting that promotes economic development and enhances the overall downtown experience,” said Reed. “Nothing is set in stone. We're doing our best to make sure that we do a lot of the research and do this right, because we really do think this is going to be a great asset for downtown.”
Reed envisioned a scenario where patrons essentially would bar hop between the liquor-serving establishments downtown, carrying their alcoholic beverages from one location to another in specially designated cups with the DORA logo on them. The cups would have to be purchased by the participating establishments, and the DORA logo would be provided by the city.
By default, alcohol would be allowed anywhere within the DORA’s boundaries, and local establishments will have to decide whether they want to allow the beverages within their businesses. Signage would be needed to indicate whether a given businesses is a DORA participant.
“This is really a benefit,” said Reed. “It gets people out and about, especially during festivals and other things that we have going on downtown. This is just another way for us to interact and to get to know each other and to be a part of downtown businesses in general.”
Rethlake further explained that there is no requirement to participate. But he, too, was enamored with the idea of SWD – Shopping While Drinking.
“You could buy a drink at Sun King and walk down the street to say Cook’s or The Coterie, and you can bring those alcoholic beverages in and out,” said Rethlake. “Part of the benefit is that you can be outside for the summer activities, First Fridays, and events like that.
“People will be able to buy drinks from the local businesses, do their shopping, have some fun, and probably feel pretty good while they're doing it.”
There were some concerns, but none of the business owners who spoke up seemed opposed to the DORA. They just wanted clarification; some of which, they received.
One business owner wanted to know if a map would be posted so people will know where they can drink. Rethlake said the map likely will be posted "at the entrances and exits" of the DORA.
The proposed zone stretches from Monroe Street at the north end to Kokomo Municipal Stadium to the south. The east-west are a bit more nebulous, with Union Street serving as the east boundary, except near the stadium, and Washington Street on the west, though Superior Street was included where it touches Foster Park.
Inside the DORA, the boundaries quickly enter the arcane. Carve-outs in the zone exist around parking garages, assisted living facilities, churches, city-owned property, and Central Middle School. A notable inclusion in the zone is the Howard County Courthouse.
One business expressed concern about the "pinch point" in the DORA on its north end, where the zone reduces to just Buckeye Street and the Walk of Excellence.
Rethlake explained that the DORA must be located a certain distance from churches and schools. The limit is 500 feet, however, Rethlake later explained that churches can waive that boundary. Schools, however, cannot.
The planners also wanted to minimize contact with Washington Street, because "we didn't want any anybody that overindulged to be stumbling out into the middle of the street. So that's kind of where we landed," said Rethlake.
One bar operator expressed concern over policing patrons' consumption since they will be mobile with alcohol and more difficult to track their drinking. Rethlake was stumped.
"I don't know all the answers tonight, right?" said Rethlake. "We're working through this, and it's been a state law for less than a year. From a standpoint of liability, I think that's up in the air right now.
A downtown business owner asked if every shop will need to have a DORA sign, indicating whether alcohol was allowed in their establishment. Rethlake said the policy doesn't require it, but he believes it would be a best practice to have one. Designated permitees -- those serving alcohol -- will have to display the sign.
Concerns from the crowd about liability increased, with one business owner asking, "If one of the bars or restaurants serves a beverage to someone, and they go to a non-alcohol retail establishment that allows them to come in, but they don't actually sell themselves. Where does that liability lie?"
"It's going to take a village," said Rethlake.
A question about liability insurance followed, but Rethlake said, "I have no idea."
Another business owner asked if their participation in the DORA can be turned on and off, allowing alcohol on certain days, but not on others. Rethlake expressed hopes that this would be the case, as it is the same system the city would like to put into place for Foster Park.
The city currently does not allow alcohol consumption in its parks, except for Foster Park on event nights and within a cordoned-off area. The city would like to include the park in the DORA on those event nights.
Rethlake explained that the concerns expressed would be taken into consideration as the DORA legislation continues to be crafted. He expected to have additional information in about 30 days. In the meantime, the City of Kokomo has information on the DORA on its website, along with a list of frequently asked questions.