City of Warsaw

ORDINANCE NO. 2024-02-03
AN ORDINANCE AMENDING CHAPTER 18 OF
THE CITY CODE OF WARSAW, INDIANA
WHEREAS, new legislation was recently passed by the State of Indiana as I.C.§ 7.1-3-31 et. seq. ("DORA Act'') which authorizes the City of Warsaw ("City'') to establish not more than seven (7) Designated Outdoor Refreshment Area ("DORA'') provided that the Common Council of the City of Warsaw ("Council'') adopts an ordinance with certain findings and provisions adhering to the DORA Act; and
WHEREAS, the Common Council believe it is in the best interests of the citizens of the city to establish a designated DORA to support growth, investment, walkability, vendor flexibility, recreation, customer spending, and overall revenue while ensuring that the DORA is administered in an orderly fashion in accordance with state and local laws and regulations.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Warsaw, Indiana, as follows:
Section 1.
18.101 Definitions
18.102 Effect of Chapter
18.103 Application of State and Local Laws
18.104 Insurance and Public Liability
18.105 DORA Regulations
18.199 Penalty
§ 18.101 DEFINITIONS.
(A) Definitions. All definitions in I.C. §7.1-3-31 et seq., as amended, shall apply to this Ordinance. The following terms shall also have the meanings ascribed to them herein:
(1) CRAFT MANUFACTURER. An entity that holds:
a. A small brewery permit under I.C. 7.1-3-2-7(5); or
b. A farm winery permit under I.C. 7.1-3-12; or
c. An artisan distiller's permit under I.C. 7.1-3-27.
(2) DESIGNATED PERMITTEE. A retailer permittee that operates a
Licensed Premises which is located within and has received all applicable approvals to participate in a DORA.
(3) DESIGNATED OUTDOOR REFRESHMENT AREA ('DORA"}. An area established pursuant to I.C. §7.1-3-31 et seq, where an individual may: (i) exit the Licensed Premises of a Designated Permittee or Vendor with not more than two (2) open containers of an alcoholic beverage at a time, and (ii) consume the alcoholic beverages within such area.
(4) LICENSED PREMISES. A building, or part of a building, in which alcoholic beverages are authorized to be kept, manufactured, or sold, pursuant to all applicable laws and regulations.
(5) RETAILER PERMITTEE- Retail establishments licensed by the Indiana Alcohol and Tobacco Commission ('ATC") to sell individual drinks of beer, wine and liquor for consumption on the retailer's premises.
(6) VENDOR. An entity issued a temporary vendor designation pursuant to all applicable laws and regulations and either: (i) a temporary beer or wine permit, or (ii) a supplemental catering permit.
§ 18.102 EFFECT OF CHAPTER
A. This Chapter is applicable to Retailer Permittees and Vendors who wish to participate in any DORA established by the City and any person(s) who consume or wish to consume alcoholic beverages within a DORA.
B. Any Retailer Permittee or Vendor wishing to participate in any DORA established by the City shall abide by state and local laws.
C. It shall be unlawful for any person, sole proprietor, partnership, company, corporation, applicant, vendor, restaurant, establishment, or venue to operate as a Designated Permittee or Vendor within a DORA unless registered as such with the City as provided in this Chapter.
§ 18.103 APPLICATION OF STATE AND LOCAL LAWS
A. Any Designated Permittee shall follow any and all other applicable state and local laws and regulations, not otherwise outlined herein, including, but not limited to, littering laws, noise nuisance laws, and alcoholic beverage consumption laws.
B. Any person, sole proprietor, partnership, company, corporation, applicant, vendor, restaurant, establishment, or venue who violates any state or local law may be fined accordingly.
C. In accordance with I.C. 7.1-3-31-11, Council may adopt an ordinance dissolving a DORA at any time. The Council shall notify the chair of the ATC that the DORA is dissolved.
§ 18.104 INSURANCE AND PUBLIC LIABILITY
As a condition of registration and applicant approval by the City, the City may require an owner or operator of an establishment wishing to participate as a Designated Permittee or Vendor to furnish annual certificates of insurance to the Planning Department naming the City as an additional insured, primary and non-contributory with coverages deemed to be acceptable to the City.
§ 18.105 DORA REGULATIONS
A. The following regulations are intended to be in substantial compliance with LC. §7.1-3-31 et. seq., which may be amended from time to time.
B. Upon the City's designation of a DORA, a person may:
a. Exit the Licensed Premises of a Designated Permittee with not more than two (2) open containers of an alcoholic beverage at a time; and
b. Consume the alcoholic beverage(s) within the DORA.
C. Council may not establish more than seven (7) DORAs and at least one (1) Designated Permittee shall be established by Council for each DORA approved by the ATC and the City.
D. To designate a DORA, Common Council must adopt an ordinance that includes at least the following in each ordinance for a proposed DORA:
a. A map of the proposed DORA in sufficient detail to identify the boundaries;
b. The boundaries of the proposed DORA, by street addresses, including street and/or block descriptions;
c. The locations of the proposed Designated Permittees and Vendors within the proposed DORA;
d. A statement conforming that the proposed DORA is consistent with the City of Warsaw Zoning Code;
e. The number, spacing and type of signage designating the DORA; and
f. The dates and hours of operation for the DORA, which may not violate LC.§ 7.1-3-1-14.
E. Prior to any submission by the City to the ATC, the City, by and through its Planning Department, shall collect the below-described application, which may include a processing fee, and shall review all applications for completion, accuracy, proper execution, and inclusion of all necessary documentation identified on the application form and/or as determined by the City based on specific circumstances of the particular application or the particular DORA. When an application form and/or packet is complete, the City shall submit the following to the ATC:
a. The application for approval of the DORA;
b. The completed applications received by the City from retailer permittees to participate in the DORA as Designated Permittees; and
c. The designating ordinance adopted by the City under LC. § 7 .5-3-31-8, which designating ordinance shall be reviewed by the ATC for compliance.
F. If the designating ordinance is approved, the ATC shall issue a DORA designation to each Retailer Permittee whose application was submitted to the City and approved by the ATC. The ATC may approve a DORA and issue DORA designations to Retailer Permittees without publication of notice or investigation before the local Alcoholic Beverage Commission (''Local Commission'').
G. A Vendor who is not a Designated Permittee may participate in an event or festival held within a DORA as long as it has complied with LC.§ 7.1-3-31-5. A Craft Manufacturer may participate in an event or festival held within a DORA as provided in the Craft Manufacturer's scope of permit. The ATC may issue the permit and designation without publication of notice or investigation before the Local Commission.
H. A Designated Permittee may allow a person to exit the Licensed Premises with not more than two (2) open containers of an alcoholic beverage at a time. The contents of an open container of alcoholic beverage may not exceed the following:
a. Beer or flavored malt beverage of not more than sixteen (16) ounces.
b. Wine, cider, or hard seltzer of not more than twelve (12) ounces.
c. A mixed drink of not more than ten (10) ounces containing not more than two (2) ounces of liquor.
I . A person may consume an alcoholic beverage purchased from a Designated Permittee or Vendor anywhere within the DORA, subject to the right of any Designated Permittee or business within the DORA to refuse to allow individuals to enter the Licensed Premises or business with an alcoholic beverage. The City may designate an "official cup", "official logo" or other means of identification for purposes of administering this ordinance. Each DORA may have its own means of identification as determined by the City.
J. A person may not consume an alcoholic beverage within a DORA that was purchased outside of the DORA.
K. If a Designated Permittee in a DORA includes outdoor dining:
a. The Designated Permittee may serve alcoholic beverages in open containers during the hours of operation and in the areas authorized by the retailer permit; and
b. Glass containers may be allowed in the outdoor dining areas but may not be removed from those areas into the DORA; and
c. No fencing or other enclosure of the outdoor dining area is required.
L. A sign must be posted at each exit of a Designated Permittee and on the Licensed Premises that informs the public of the following:
a. Any open alcoholic beverage containers purchased within the DORA must remain within the DORA;
b. Possessing an open container of alcoholic beverages in a motor vehicle may constitute a Class C infraction under IC 9-30-15; and
c. The dates the DORA will be open if the DORA has date restrictions.
M. The City maintains full authority and control over the sidewalks and common
public areas regardless of an area's status within a DORA for purposes of enforcement of applicable state and local laws such as, but not limited to, public intoxication, disturbing the peace, soliciting, open containers in a moving vehicle, maintaining a common nuisance, or other forms of disruptions of the public being able to legally traverse upon sidewalks or public ways. The City may further temporarily limit the hours of operation of the DORA or temporarily limit areas where open alcoholic beverages are allowed within the DORA
N. Nothing herein prohibits a business or establishment from prohibiting open containers of alcoholic beverages to enter its establishment or premises nor from prohibiting food or beverages purchased from another establishment to enter its premises.
§ 18.199 PENALTY
A. Any person, entity, applicant, vendor or permittee who violates any provision of this Chapter may be subject to the fines as follows:
a. Up to $2,500 for the first violation; or
b. Up to $5,000 for the second or subsequent violation.
B. Each day of the existence of any violation of this Chapter shall be a separate offense.
SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, any and all necessary approval by the Common Council.
Passed March 4, 2024
Warsaw Common Council
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