Councilman New and Committee:
I am writing about tomorrow’s (May 15th) committee presentation on Common Consumption Areas and Promotional Associations and Entertainment Districts. There is a document drafted and distributed to INC last Saturday, and additional questions and thoughts in this email. I am hopeful this input will be useful.
We should all be clear that neighbors are not clamoring for this tool; it is at the Mayor’s urging that this has been revived since falling short in 2014. The ordinance is presented as an opportunity for “local businesses, neighborhoods, and stakeholders [to]utilize private and public spaces in creative ways.” But before using public spaces for private economic gain, the public needs to be on board with the concept. The ordinance has wide reaching consequences and INC also has concerns with safety, monitoring, noise, the exponential impacts of these CCAs on neighborhoods already in the midst of numerous licensed premises, and the ordinance process.
We acknowledge that Margie Valdez, who served as INC’s point person on MJ Consumption and many other issues, was on E&L’s list last summer and was notified. However, Margie has not been able to stay active in INC, and INC has fallen off E&L’s radar. Even those who signed up for info heard nothing between Nov. 2018 and an announcement for a May 2nd meeting, and there is nothing about this topic on E&L’s website. The Ordinance was just made available to INC on April 27, 2019. I know Erica is addressing the fact that you can’t research this issue at all on Denver’s website, but — once again — this comes after the fact, after the ordinance has been drafted and gone to Council members. We are also concerned the Timeline makes clear the intent to take the ordinance through City Council in the second quarter, which means by June — next month!
Some questions/thoughts (in addition to those in attached Word Doc, please do start with that document):
1. Does creation of an Entertainment District by Council occur after the issuance of CCA license and PA by Excise & Licenses? The steps and timeline are unclear.
2. Erica has explained that the term “Entertainment Districts” is an unfortunate name dictated by State law for an area that needs to be drawn around proposed CCAs in order to make sure there are 20,000 sq.ft. of licensed premises in proximity to each other. She has explained that EDs are not a zoning classification, or something like a BID, and really have no purpose other than a line on a map necessary for CCAs to be issued, and therefore shouldn’t be of concern. But they are, because an unlimited number of CCAs can be applied for in each ED. Council can create them based solely on the request of a PA or CCA, the applicant draws the lines, the public does not weigh in at all on the Entertainment Districts. The EDs are pretty much ignored in the ordinance and made to seem administrative in nature, a hoop to be jumped through so the CCA can be issued. They deserve further discussion.
3. The ordinance provides that an unlimited number of Entertainment Districts and CCAs can be issued within Denver. Would E&L consider letting Council designate one or two site specific Entertainment Districts to eliminate concerns?
(Erica explains that only a few areas of the City are really “envisioned” as places these CCAs might be created, i.e. Union Station, The Source, possibly the Dairly block, Avanti. However, the concentration of bars along Colfax, along Broadway, might also lend those areas to such licensing. I would even speak personally about Lowry, where I live, which has five licensed premises in proximity to each other that either already total 20,000 sq. ft. of licensed premises or are very close to that square footage. Nowhere near the downtown areas mentioned! Would it make sense to limit this new licensing to specific locales after getting buy-in from neighbors in those specific areas? Right now, before creating an “expectation” that the new licensing will be applied citywide, might be the time to think about a more limited approach.)
4. If an ED is drawn larger than needed to achieve the 20,000 sq. ft. requirement, can City Council narrow the District? Should the applicant for a CCA be able to arbitrary lines for an ED even if the “density of liquor establishments” can be met with a smaller area? What is the goal of creating larger EDs than required? What safeguards to EDs provide to this process?
5. Erica explains that there are three types of CCAs but they are not spelled out in the ordinance and this needs work:
(1) enclosed privately owned,
(2) adjoining liquor premises that do not need to utilize the public right of ways to connect, but share a patio, and
(3) occasional “special event type” Common Consumption Areas
This third category needs significant additional discussion. The ordinance is unclear and I hope to get the opportunity to visit with the drafters as this is addressed. As Erica has described, there are so many complaints and issues regarding special events, how would this ordinance protect against permanent ‘special event type’ CCA licensing? There may be answers but the answers are not in the ordinance.
Thank you for considering these issues. I do understand that Erica and other stakeholders have spent time on this; that does not mean it is ready for prime time or that involved residents and RNOs fully grasp the scope of the ordinance.
Christine O’Connor
Co-Chair with Ean Tafoya, of INC Zoning & Planning Committee
303 906-6627
entertainment-districts-coconnor
