As restaurants expand outdoor seating, Loveland Downtown District executive director Sean Hawkins says owners are again discussing what would be needed to turn part of Third, Fourth and Fifth streets into a “common consumption area.”
Drinking alcoholic beverages in public areas outside of bars and restaurants is generally prohibited in Colorado.
However, by agreeing to cut off vehicle traffic and limit pedestrian access to parts of their commercial districts, cities such as Greeley and Fort Collins have created areas where individuals can safely consume beer, wine and other drinks sold from licensed vendors while walking around and enjoying live entertainment.
Loveland’s downtown presents unique challenges to establishing such an area — namely U.S. 287, which splits into Lincoln and Cleveland avenues and which could not be crossed by a CCA.
But Hawkins said that, with fewer customers due to coronavirus-related public health orders, and as other programs like Loveland’s Patio Program and the district’s Saturday Night Dine Out events ramp up, restaurateurs feel the time has finally come to work out the kinks of a common consumption area in Loveland.
“There’s broad support to do it, even if it’s not as simple as it sounds,” he said. “Given that our downtown district has a combination of restaurants, and breweries, and bars, I think the public would really enjoy it.”
He said a recent proposal would include much of Fourth Street downtown as well as The Foundry and part of Fifth Street.
City Clerk Patti Garcia emailed a factsheet to city staff and Loveland City Council members earlier this week including the steps that would need to be taken to set up an area where downtown visitors could legally enjoy alcohol in public.
She said the information was being provided because of the planned closure of Fourth Street on Saturday nights starting in July and in light of liquor licensees being allowed to expand their premises to include outside seating areas.
First, the council would need to create an entertainment district by ordinance, which would have to include at least 20,000 square feet of space licensed as a tavern, hotel and restaurant, brew pub, retail gaming tavern or vintner’s restaurant.
Then, at least two people who own or lease property in the district would create a promotional association, which would have to meet state and local reporting requirements.
The association would then apply through the city for certification to operate a common consumption area, with at least two businesses in the district with liquor licenses attaching their authorization.
If the city were to approve the association’s request, the area could legally operate within Loveland.
Garcia said she thought the last time the council discussed the issue may have been 2012, though she was not aware of any entertainment district being created as a result.
One City Council member, John Fogle of Ward III, said downtown businesses that were interested in creating a common consumption area at the time gave up the effort when they realized a district spanning Fourth Street downtown would have to be split into three common consumption areas by U.S. 287.
Alcohol bought in one area could not have been carried into another area. That in addition to other security and insurance demands, put a stop to the proposal before any progress was made.
“The expense and complicated nature of this became burdensome — so it did not proceed,” Fogle wrote in an email.
However, in a recent meeting of small business advocacy group NoCo Strong for Business, a representative of the Colorado Department of Transportation spoke about the agency issuing special-use permits for cities to extend pedestrian and seating areas onto state highways.
Fogle said he thinks the agency would be willing to hear proposals from Loveland and its liquor licensing authority on safe alternatives to current alcohol rules.
“This is badly needed in our (Downtown Development Authority) area if an entertainment district is to be successful,” Fogle wrote.
Garcia said Thursday that a date has yet to be set for the issue to come before the City Council.
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What would it take for Loveland to create a common consumption area downtown? - Loveland Reporter-Herald
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