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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, Mar 21, 2023
Jason Long, Office of the Revisor of Statues, gave an overview of the bill. He explained the bill gives cities discretion whether or not to close the roads in a common consumption area. Common consumption areas are areas where patrons are allowed to purchase, consume and carry alcoholic liquor and cereal malt beverage products off a property such as a bar or restaurant. Currently cities are required to close the roads going through such areas. (Attachment 13)
The Chairman called for proponent testimony.
Proponent Oral Testimony
Whitney Damron, representing the City of Topeka, spoke as a proponent of the bill. He stated what they are asking for in this bill, is to not to have to close the streets. He said lots of investment made in recent years with hotels and restaurants in downtown Topeka, and they have had many downtown events with common consumption areas established. He stated in order to have those events, you have to block off traffic which cuts off parking for businesses in the area. HB2059 would allow traffic to keep flowing and businesses to gain the extra customers, and law enforcement will be present to keep people safe. (Attachment 14)
Spencer Duncan, Government Affairs Director, League of Kansas Municipalities, spoke as a proponent of the bill. He stated the cities of Kansas would very much like to have this authority. "It's about giving us flexibility." City councils still make all the rules, and it doesn't affect current traffic laws. He stated HB2059 lets cities choose what is best for their community. (Attachment 15)
Scott Schneider, Kansas Restaurant and Hospitality Association, spoke as a proponent of the bill. He stated they support the bill because it is well ordered, and the common consumption act enacted in 2017 has worked well. He said this bill gives the cities flexibility to take advantage of their investments in their cities, and provides more adaptability to create more interesting events. (Attachment 16)
There were no questions for the proponents.
Proponent Written Only Testimony
Representative Tory Marie Blew, District 112 (Attachment 17)
Thomas Underwood, Executive Director, North Topeka Arts and Entertainment District (Attachment 18)
Curtis Sneden, President, Greater Topeka Chamber of Commerce (Attachment 19)
The Chairman called for neutral testimony.
Neutral Oral Testimony
Debbi Beavers, Director, Alcoholic Beverage Control Division (ABC), Kansas Department of Revenue, spoke as neutral on the bill. She stated, much to their surprise, the common consumption areas are a hodgepodge on how they are being used. She said ABC continues to be concerned with public safety if streets are allowed to be open while individuals are consuming alcohol and traffic is moving through an event. She said with HB2059 as currently written, there is no way for any law enforcement to know if a street should be closed, and this will create confusion. (Attachment 20)
After a period of questions and answers, the Chairman closed the hearing on HB2059.
