A Step Away from Skid Row Behavior Downtown

[Jerry Moran]

Well folks, what do you think?  Oh, change "a bottle" to "up to a bottle" in the article.

Law against buying alcohol before 5 p.m. seen as vagrant solution



By The Times-Union


Jerry Moran runs an Italian restaurant. So it's no surprise that he likes wine. 
     

What he doesn't like is the fact that downtown is being inundated with people who like to drink their wine, or their beer, or other spirits, outdoors - and who beg passersby for money so they can buy more.

"I drink a bottle of wine a day," Moran, owner of La Cena Ristorante on north Laura Street, told me. "I just don't drink it on the streets."

So Moran is pushing for a law that would, between the hours of 2 a.m. and 5 p.m., ban stores downtown and in much of the surrounding area from selling people alcoholic beverages to drink off the premises. Moran has been working with City Councilman Don Redman's staff to craft such an ordinance, and he's been talking to merchants and other downtown and Springfield dwellers about the idea.

Right now, alcohol sales resume at 7 a.m.

Such a law is necessary, Moran said, because when vagrants are able to purchase and drink alcoholic beverages throughout the day, they are more prone to commit transgressions such as urinating in public and hitting people up for money to fuel their habit.

And the atmosphere they create can be both dangerous and unpleasant. Dangerous because requests for money can sometimes turn into screams and demands. Unpleasant because people don't like to be accosted for cash when they are eating or enjoying a moment in Hemming Park.

"I spend all my time chasing down vagrants and getting calls from other merchants about vagrants," Moran said. "It's a real problem. ... People are moving out, and we can't get people to move in.

Moran said he believes that by restricting the sale of take-out alcohol before 5 p.m. each day, it would be tough for those who beg for drinking money to find a place to spend it. Restaurants or bars that sell alcoholic beverages to be consumed indoors would not be affected. As for stores that sell it, Moran, who also has a beer and wine license, is betting that most customers who buy alcoholic beverages to take home probably purchase it after 5 p.m.

And if he's wrong, he said, the law would end in two years.

"Many of them [the vagrants who drink all day] are given a bag and a straw, and they drink their alcohol and throw it [the container] on the ground," Moran said. "It leads to all kinds of nuisance crimes.

"What I'm suggesting is that there's no legitimate reason to buy packaged goods [alcohol] before 5 p.m. And with a two-year sunset, we can give this a try."

At least one merchant, however, has questioned the idea, saying that such a broad restriction could backfire on efforts to build a vibrant downtown. Diane Gilbert, who heads the Emergency Services and Homeless Coalition of Jacksonville Inc., would like to see more research.

"What I would like to know is what is the trend of alcohol purchases for the vendors," Gilbert said. "If everyone purchases in the afternoon, that can be a compromise that would address everyone's needs."

But in any case, it all goes to show the challenges that downtown faces by having to battle society's ugliest problems ... while trying to pretty itself up at the same time.

tonyaa.weathersbee@ jacksonville.com               (904) 359-4251

[downtownparks]

I have very real questions with this bill. I don't mind restricting singles, 24/7 (stop that stupid paper bag loophole, for instance), but I should be able to go to Winn Dixie to buy a 6 pack or a case any time I want. What If I want to stay at home to watch a Jags game. I run over to pick up a case and some chips at 11am-12pmish...

Plus, most of the drunken activity I see happens after 5pm anyway, so this is a feel good bill, as written.

[thelakelander]

but I should be able to go to Winn Dixie to buy a 6 pack or a case any time I want.  What If I want to stay at home to watch a Jags game.

That's the first thing that popped in my head as well.

[Jerry Moran]

Here's what Washington State does with areas that have a problem with alcohol consumption:

Washington State’s Alcohol Impact Area Legislation

WAC 314-12-210  Chronic public inebriation (CPI) and alcohol impact areas (AIA)-Definitions-Purpose.
(1) What is the purpose of these rules concerning chronic public inebriation and alcohol impact areas?
(a) The enabling statutes for the liquor control board are contained in chapter 66.08 RCW. These statutes authorize the board to exercise the police power of the state for the protection of the welfare, health, peace, and safety of the people of Washington.
(b) The board's mandate to protect the welfare, health, peace, and safety of the people is to ensure that liquor licensees conduct their business in a lawful manner and that the presence of a licensee's alcohol sales does not unreasonably disturb the welfare, health, peace, or safety of the surrounding community.
(c) The purpose of these rules concerning chronic public inebriation and alcohol impact areas is to establish a framework under which the board, in partnership with local government and community organizations, can act to mitigate negative impacts on a community's welfare, health, peace, or safety that result from the presence of chronic public inebriation.
(d) For the purpose of these rules, chronic public inebriation exists when the effects of the public consumption of alcohol and/or public intoxication occur in concentrations that endanger the welfare, health, peace, or safety of a neighborhood or community.

(2) What do these rules concerning chronic public inebriation and alcohol impact areas seek to do? WAC 314-12-210 and 314-12-215 seek to:
(a) Establish an expanded local review process for liquor license applications, assumptions.*, and renewals inside a recognized alcohol impact area (AIA);
(b) Create standards under which the board may refuse to issue a liquor license; may refuse to permit the assumption or renewal of a liquor license; may place conditions or restrictions upon the issuance, assumption, or renewal of a license; or may place conditions or restrictions on an existing license inside a recognized AIA;
(c) Allow the board, in specific circumstances, to restrict the off-premises sale of certain alcohol products or alcohol product containers inside a recognized AIA.

.*Note: A liquor license assumption refers to an application by a prospective new owner/operator for an existing licensed business. Under certain conditions, such applicants may apply for a temporary license to continue operations during the new license application review period.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-210, filed 6/8/99, effective 7/9/99.]

WAC 314-12-215  Alcohol impact areas-Definition-Guidelines.
(1) What is an alcohol impact area (AIA)? An alcohol impact area is a geographic area within a city, town, or county that is adversely affected by chronic public inebriation or illegal activity associated with alcohol sales or consumption. The area must be designated by ordinance by the government subdivision and recognized by resolution of the board before any enhanced processes described by these rules are applied.

(2) What guidelines will the board use to recognize an alcohol impact area (AIA)? The board, by resolution, may recognize an AIA adopted by a city, town, or county and subsequently referred to the board by that government subdivision. To achieve recognition, the AIA must meet all of the following conditions:
(a) The AIA comprises a geographic area that does not include the entire territory of the local jurisdiction;
(b) The government subdivision has given a rationale, expressed in the ordinance, for the establishment of the proposed boundaries of the AIA;
(c) The government subdivision has described the boundaries of the AIA in the ordinance in such a way that:
(i) The board can determine which liquor licensees are in the proposed area; and
(ii) The boundaries are understandable to the public at large.
(d) The AIA ordinance includes findings of fact which establish:
(i) Chronic public inebriation or illegal activity associated with alcohol sales and/or consumption within the proposed AIA is contributing to the deterioration of the general quality of life within the area or threatens the welfare, health, peace, or safety of the area's visitors and occupants;
(ii) There is a pervasive pattern of public intoxication and/or public consumption of alcohol as documented in crime statistics, police reports, emergency medical response data, detoxification reports, sanitation reports, public health records, or similar records; and
(iii) A good faith effort has been made by the government subdivision to control the problem through voluntary efforts that may include cooperation with neighborhood citizen and/or business organizations, and must include the notification of licensees within the proposed AIA of public intoxication problems and of voluntary remedies available to them to resolve the problem.
(e) The AIA will take effect on the date of the board's resolution extending recognition to the AIA.

(3) Once an AIA is recognized by the board, what processes, conditions, or restrictions may the board apply?
(a) The board will apply a unique local license review process for liquor license applications, assumptions, and renewals within the AIA.
(b) The board may place conditions or restrictions on the off-premises sale privilege of liquor licenses within the AIA. These restrictions must be reasonably related to reducing chronic public inebriation or illegal activity associated with off-premises alcohol sales and/or consumption. These restrictions may include, but are not limited to:
(i) Restrictions on the hours of operation for off-premises alcohol sale within the AIA;
(ii) Restrictions on the off-premises sale of certain alcohol products within the AIA; and
(iii) Restrictions on alcohol container sizes available for off-premises sale within the AIA.

(4) What are the circumstances required for the board to restrict the off-premises sale of alcohol within an AIA? The board may restrict the off-premises sale of alcohol within an AIA, subject to all of the following conditions:
(a) Product restrictions must be requested by the government subdivision's law enforcement agency or public health authority;
(b) The board must find that the off-premises sale of such alcohol products is reasonably linked to the problems associated with chronic public inebriation; and
(c) The government subdivision must have shown that voluntary efforts have failed to significantly reduce the impact of chronic public inebriation, or that voluntary efforts need augmentation by license restrictions described in subsection (3) of this section.

(5) What type of voluntary efforts must the government subdivision attempt before the board will implement mandatory product restrictions? Before the board will implement mandatory product restrictions, the government subdivision's voluntary efforts must include:
(a) Notification of all off-premises sales licensees in the proposed AIA that behavior associated with alcohol sales is having an impact on chronic public inebriation.
(b) Documentation that the government subdivision has made reasonable efforts to implement voluntary agreements to promote business practices that reduce chronic public inebriation and promote public welfare, health, peace, and safety with licensees within the AIA who sell alcohol for off-premises consumption.
(c) Implementation of these voluntary agreements must have been attempted for at least six months before information is presented to the board that voluntary efforts have failed or need augmentation.

(6) If restrictions are approved for an AIA, the board will:
(a) Notify the appropriate beer and wine distributors of the product restrictions placed on off-premises licensees within the AIA.
(b) When product restrictions on the off-premises sale of alcohol products are placed on licensees within an AIA, no state liquor store or agency within the AIA may sell these restricted products.

(7) What is the process for liquor license applications and renewals for licensees inside a recognized AIA? Subject to the provisions of RCW 66.24.010(:
(a) When the board receives an application for a liquor license that includes an off-premises sale privilege, the board will establish an extended time period of sixty days for the government subdivision to comment on the liquor license application or assumption.
(i) The government subdivision may and is encouraged to submit comment before the end of this sixty-day period, but may request an extension of this period when unusual circumstances, explained in the request, require additional time for comment.
(ii) The requesting government subdivision will notify the licensee or applicant when an extension of the sixty-day comment period is requested.
(b) For renewals, notice will be mailed to the government subdivision not less than ninety days before the current license expires.

( How long will an AIA be in effect? An AIA will remain in effect until:
(a) The sponsoring government subdivision repeals the specific enabling ordinance that originally defined the specific AIA recognized by the board; or
(b) The board repeals its recognition of an AIA as the result of a public hearing, called by the board acting on its own initiative or at the request of a community organization within the AIA, made after the AIA has been in effect for at least two years.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-215, filed 6/8/99, effective 7/9/99.]

WAC 314-12-220  General review.
The board will initiate a study of the effectiveness of WAC 314-12-210 and 314-12-215 one year following recognition of the first AIA under these rules. The study, which shall take no more than ninety days, will recommend the continuation, modification, or repeal of these rules.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-220, filed 6/8/99, effective 7/9/99.]

WAC 314-12-225  Severability.
If any provision of WAC 314-12-210 through 314-12-220 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or the application of these rules which can be given effect without the invalid provision or application, and, to this end, the provisions of these rules are declared to be severable.

[downtownparks]

Jerry, Im not sure we have a "problem with alchohol consumption" We have a problem with social services all being put in one tiny part of town.

Listen man, I am with you in your drive, but I really don't think this is the way to get there. If you want to attack the problem, then lets go after the baggies, no concealed drinks... maybe get rid of singles... But I really think that stopping the sale of wine or beer until 5 downtown will do nothing.

Its already illegal to sell it after 2, is the Shell Station selling after 2? Is anywhere else open?

[thelakelander]

Jerry, if this bill is passed, does it eliminate the possibility of purchasing any alcoholic beverage from Winn-Dixie during the day?  Has there been any consultation of this bill with downtown residents?  What's been the dominant view so far?  What's the pros and cons for downtown residents who will probably have to travel outside of the downtown area to purchase beverages during sporting events like Jags games or college football games?

[Jerry Moran]

Let's first have some more comments and questions so I can answer them all at once.

In the meantime:

Jerry, Im not sure we have a "problem with alchohol consumption"

Check this:
http://www.youtube.com/watch?v=kZE29xsZ9JU

[downtownparks]

"Both individuals are criminal vagrants with lengthy arrest records."

The most important part of the video was written next to it...

[walter]

I agree with Jerry the single beers and quart sales are a huge problem.  Our city is littered with the refuse of these sales and the vagrants spend all day panhandling so they can go get their 16oz Colt 45. 

As for Winn Dixie downtown I still for the life of me can't understand anyone patronizing that place.  I get those who don't have transportation, but that store sucks, it sells crap and its customer service is the pits.  Why by crappy beer from a crappy store anyway? 

Is this proposed ordinance any different than banning the sale of mixed drinks to go?  (I remember the drive through at Jax liquors would sell these) 

Go into any of those pathetic excuses for convenience stores on Main street and you'll see a huge tub full of 16oz singles to go.  It does contribute to alchoholism, petit theft, panhandling, drunk and disorderly, littering etc... whats not to see?

The beer lobby will NEVER let this pass!  my guess.

[thelakelander]

Let's not forget that the Winn-Dixie is about to undergo a major renovation and expansion project.  It should be a pretty decent place once they pour a couple million into it.

[walter]

Let's not forget that the Winn-Dixie is about to undergo a major renovation and expansion project.  It should be a pretty decent place once they pour a couple million into it.

ahh yes.. the "million" dollar renovation....since this is Jacksonville.. I won't be holding my breath... will this be like the renovation of the Landing or the Laura St. Trio or the Barnett Bank building?  Ok.. I'm sure it'll be GREAT!  bet after the renovation they'll have an even bigger single/40oz beer section, perhaps a lottery/cigarette lounge and I'm sure it'll have the great customer non-service that they're known for. 

Yeah, can't wait.

[thelakelander]

I guess, we'll have to wait and see.  Only time will tell.  However, its still probably not a good idea to blanket an entire section of town with an ordinance such as this because it can potentially affect the quality of life of downtown residents and it doesn't attack the real problem.  It will be interesting to see if and what the exceptions are to the rule, once Jerry provides more in depth information.

http://www.metrojacksonville.com/content/view/505/122/

[gatorback]

i enjoy the revenue generated with the sale of ... It afordes free tolleys, ghost busses and skyways to nowhere man.  Hey, how about giving the a job instead of jailing them.

[downtownparks]

Gator, you know its not that black and white. A large chunk of these guys dont want a job.

Walter, I am with you on the banning of singles. What Jerry, and Redman want is to ban sales from 7am-5pm.

Jerrys intentions are good. Redmans I have my doubts on. Why not shot for all of District 4?

Either way, this is a feel good ordinance as most of the drinking I see occurring happens in the evening time anyway. Why not change the law so that drinks cant be put into brown paper bags. Making it illegal to put booze in brown paper bags, then pressing JSO to enforce the law would be far more effective than banning all beer sales until 5pm.

[tufsu1]

Let's not forget that the Winn-Dixie is about to undergo a major renovation and expansion project.  It should be a pretty decent place once they pour a couple million into it.

ahh yes.. the "million" dollar renovation....since this is Jacksonville.. I won't be holding my breath... will this be like the renovation of the Landing or the Laura St. Trio or the Barnett Bank building?  Ok.. I'm sure it'll be GREAT!  bet after the renovation they'll have an even bigger single/40oz beer section, perhaps a lottery/cigarette lounge and I'm sure it'll have the great customer non-service that they're known for. 

Yeah, can't wait.

completely uncalled for....perhaps you should visit the store before making comments....they have done a whole lot over the last year to clean up the store and make it safe and friendly.....and the $3 million renovation starts this week!