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Minutes for HB2059 - Committee on Federal and State Affairs
Short Title
Amending the alcoholic liquor or cereal malt beverage common consumption area law to permit rather than require the city ordinance or county resolution creating such area to block public streets or roadways from motorized traffic and to allow the boundaries to be designated by signage.
Minutes Content for Tue, Jan 31, 2023
Chairperson Carpenter opened the hearing on HB2059, The revisor provided an overview of the bill.
Chairperson Carpenter recognized Representative Tory Marie Blew as a proponent of the bill (Attachment 3). She stated that Great Bend created a common consumption district downtown in 2021, which has been a huge success. They want to expand that district so that other businesses downtown can participate and the patrons who attend can travel from one area to another with a drink in their hand.
Whitney Damron provided testimony in support of HB2059 (Attachment 4). He stated that Amanda Stanley, City Attorney, and Topeka Police Chief Bryan Wheeles are also present today to answer any technical or law enforcement questions. He stated that the statute requires any public street or roadway that lies within a common consumption area be blocked from all motorized traffic during the hours in which alcoholic liquor or cereal malt beverages are consumed. The downtown businesses, NOTO and the Chamber representatives have asked for the ability to allow patrons to purchase a drink or beer from a bar, restaurant or vendor during such events to walk throughout the permitted common consumption area without the City being required to close off streets and roadways. Questions were asked by Representatives Humphries, Ruiz, Miller and Bergkamp.
Chairperson Carpenter called upon Thomas Underwood who testified in support of HB2059 (Attachment 5). He stated that the restriction of having to close streets in the NOTO district is impracticable. However, if the statute is changed so that the closing of streets is not required, NOTO would work with the City for ordinance changes and possible implementation of the NOTO district as a common consumption area.
Scott Schneider offered testimony in favor of HB2059 (Attachment 6). He stated that HB2059 allows a more efficient use of resources while maintaining the underlying integrity of the common consumption law.
The Chairperson recognized John Goodyear to testify in support of HB2059 (Attachment 7). He stated that the support of the League and its member cities stems from the fact that this bill is drafted in a way that preserves and enhances local choice. Questions were asked by Representatives Hoye, Humphries, Buehler, Bryce, and Thomas.
Topeka Chief of Police Bryan Wheeles stated that they can deal with the public safety concerns and balance the economic development concerns because they have already been doing this for several years at the local level with NOTO.
Chairperson Carpenter directed the Committee's attention to the written proponent testimony of Jay Hall, Kansas Association of Counties (Attachment 8); Stuart Little, Cities of Merriam and Mission (Attachment 9); and Curtis Sneden, Topeka Chamber of Commerce (Attachment 10).
Chairperson Carpenter recognized Debbi Beavers who provided neutral testimony on HB2059 (Attachment 11). She stated that the ABC does have a concern with public safety if streets are allowed to be open while individuals are consuming alcohol and traffic is moving through an event. It is also concerned with the words "or other appropriate signage" since there is no definition or standard, making enforcement difficult. Questions were asked by Representatives Clayton, Thomas, and Haswood.
There being no further conferees, Chairperson Carpenter closed the hearing on HB2059.
There being no further business, the meeting was adjourned at 10:05 a.m.
