File photo from 2011 by Howard Owens
We’re here to promote business, not to destroy it.
Those words, spoken by City Councilman Al McGinnis Monday evening, seemed to capture council’s sentiments to move forward on allowing open containers for alcoholic beverages in Jackson Square, throughout various downtown streets during a special event in July and with a limit of two beverages on a specially built group pedal vehicle.
The agreement didn’t exactly come without a lot of discussion, questions and clarifications about each element of the open container requests before them.
Batavia’s Business Improvement District, aka BID, requested that open containers be allowed in Jackson Square during the summertime when the space is ripe with concerts and spectators are usually relegated to sitting inside or on the upper deck of nearby restaurants.
City law hasn’t allowed music revelers to sip a craft beer or gin and tonic while relaxing in their lounge chairs outside — a point that may change when council gathers again on June 12 to discuss the issue with a detailed resolution in hand to potentially vote on afterward.
Entrepreneur Matt Gray spoke as a business partner of Eli Fish Brewing Company, which backs up to the Square and is in progress with building a patio. He listed reasons why council would want to give a yes for open containers, including number one, the state liquor authority will only permit a business four events for open containers, and after Eli’s carnival, Octoberfest, BID’s Italian Fest, and the Ramble, “we’re out of licenses for that space,” Gray said.
There’s potential for grassroots development within that area, he said, that could mean other types of businesses, such as a cider distillery or similar, to bring more people downtown.
“If you bring the people downtown, and that is our goal, more development happens on its own. So it's great that we're doing this work to Jackson Square, but I really think that having an open container will kind of push us to the next stage as far as getting more traffic to the downtown area,” Gray said.
While some council members agreed with Gray and supported his stance, they shared the possible pitfalls as well.
“My concern is, people using it as a public space, bringing their own alcohol, they get out of the eye of the public, and hang out in there, when there isn't a function going on at the restaurants that connect to it. So I'm in favor of it. But I would like to see possibly signage warning people if they leave that area that they're going to be in violation,” Council President Eugene Jankowski Jr. said. “And obviously, if no one is responsible for it, but yet they use it, who's going to be cleaning it up? I mean, I'm sure it's inevitable. There'll be bottles or glasses or plastic cups being thrown around in there. I know a lot of businesses clean up around their own business anyway. It's fine.
“But you know, hopefully, they would keep it clean on their own and notify if somebody was just in there, having a private party without any authorization and using the space for a hangout and drinking location. But that's not what you're talking about here. You're talking about promoting business, promoting activity in there and maybe even freedom to go from one establishment to another,” he said. “That's all great. I love all that. But my prior life has taught me that not everyone obeys the unwritten rules, so to speak.”
He suggested that some type of guidelines might be warranted to ensure that everyone follows the rules.
“To make sure that it stays clean, doesn't turn into a hangout, and that people know, if they're walking out with a beverage and they walk out to Jackson Street, they know when they walk through the alley that they're leaving the space, and then they probably should either dispose of their beverage or finish it up,” he said.
The BID also requested that the city drop its open container law per Batavia Municipal Code during the Italian Festival on July 29, so that people can enjoy libations on downtown streets during the event from 1 to 9 p.m. This approval would require council to grant special permission to allow open containers on designated city streets and sidewalks during this event.
The third request is from Kuyler Preston of his newly formed company Batavia Pedal Party LLC. Using a specially crafted pedal and motorized open-air vehicle, a driver takes groups on a two-hour tour of the city for a fun, enjoyable ride, Preston said.
While everything about his business is licensed and insured, he is seeking approval from council to allow each passenger to bring two cans of alcoholic beverages on the ride.
The difference between this type of group trip and that of a limo is that the pedal party vehicle is not enclosed, and the alcoholic drinks are visible to other people not in the vehicle, city attorney George Van Nest said. So Preston needs approval from the city to allow for the open containers on the bike, Van Nest said.
Jankowski said that some further research and discussion with police may be needed before making final decisions on some of these requests.
“I think we're gonna have to do some research like other places have done and talk to our police and DPW and see how they feel about it. But definitely, I like the idea of that square becoming a more multi-use space, or the businesses that they use it there for any private gathering or whatever,” he said. “But as long as it's approved, instead of just, we're starting to get calls because people realize it gets off to a place that you can use it at four in the morning and drink alcohol. And that's not really what it was intended to be for.”
Council is expected to discuss them further during a special conference session on June 12, to be followed by a business meeting for related votes.
