Designated open container area pitched in Toronto

SHARING DETAILS — Local business owner Abby LeMasters discussed with Toronto 5th Ward Councilman Clark Crago and other city officials a proposal to designate an area of the city in which customers would be permitted to carry an open container of alcohol under specific conditions. -- Warren Scott
TORONTO — The owners of two local businesses met with city officials Tuesday to pitch the idea of designating an area where customers could carry an open container of alcohol under specific conditions.
Abby LeMasters, owner of Tri-B’s Coffee Shop; and Philip Livingston, owner of Baby-Boyz BBQ; told members of Toronto Council’s safety committee and leaders of its emergency departments they hope to hold a wing festival in the area of North Fourth Street, where their businesses are located.
The two said they are raising funds for the event planned for July 5 –when the city is set to launch its Independence Day fireworks — and hope to include live music, carnival games and a magician.
They also have suggested creating a Designated Outdoor Refreshment Area, or DORA, in an area of North Fourth Street between Vollmer and Main streets.
LeMasters said customers of participating establishments could purchase alcohol in a designated 16-ounce cup that they could carry from the premises to other places in that area without violating laws against possessing an open container in public.
She said the cup wouldn’t be refillable, so customers would need to purchase another drink if they wished, and the intention is not to encourage heavy drinking.
LeMasters said the intention is to allow patrons to enjoy a drink while browsing in the city’s business district and enjoying the other attractions of the planned festival.
She stressed the event and the DORA are being pitched by Livingston and her on behalf of their businesses and aren’t connected to Inspire Toronto, the group that held last year’s Christmas light-up festival and of which she is a leader.
Mayor John Parker said if approved by the state Department of Liquor Control, the DORA could remain in place at other times included in guidelines set by Toronto Council.
LeMasters suggested hours for the DORA could be from 10 a.m. to 10 p.m., hours that extend beyond their businesses’ closing times but that would accommodate special events.
Parker said establishing a DORA would eliminate the need for the state permit obtained for special events like the Toronto High School Alumni Reunion held in August.
LeMasters said using one’s cell phone to scan a QR code on each cup would take participants to rules and a map for the DORA posted online, while establishments that don’t want to participate could post signs indicating that.
It was noted that since DORAs were permitted by state law in 2015, 170 have been established across Ohio, with Jefferson one of only three counties without any.
“It’s not just an Ohio thing. It’s everywhere,” said LeMasters.
She added, “The whole purpose is economic development — bringing people into town, keeping people in town.”
She envisioned a woman carrying her drink to a local nail salon on a normal business day.
LeMasters said with plans to develop an amphitheater for the city’s free summer concert series and other special events, she feels it would be forward-thinking to put a DORA in place at this time.
City officials asked many questions and expressed some concerns.
Councilman at large Mike Burkey said regardless of his own feelings about the proposal, he must consider all residents’ concerns.
He said there are some who may not want it in place on a Sunday, for example.
Burkey said establishments outside the proposed DORA may wish to be involved and asked how difficult it would be to alter its parameters and was told it would not be.
Several Toronto businesses with liquor licenses have held periodic pub crawls to cross-promote each other, and there was brief discussion of whether the DORA could be extended to them.
Burkey said a person walking down the middle of a city street with an open container should expect to be charged with disorderly conduct.
But he added “ludicrous lawsuits have been filed,” and the city could be sued for an incident related to the DORA.
Bill Lucas, the city’s liability insurance provider, said he would look into whether a DORA would require additional coverage for the city.
City Police Chief Charley Daniels said requiring participants to wear paper bracelets would help police to identify participants and discourage adults from buying a DORA cup for a minor.
Daniels said it also would be easier to enforce in a central location.
He said such events aren’t without some problems “but that’s why we’re here. We can handle it.”
City Police Capt. Derek Piatt said organizers of the pub crawl have paid for additional city officers to be on duty during it.
Fourth Ward Councilman Greg Herrick, who chairs the safety committee, said he would seek DORA legislation from other municipalities and investigate costs for signs and other expenses.
Burkey said any consideration and development of a DORA isn’t likely to be completed in time for the planned festival.
He suggested LeMasters and Livingston instead apply for a temporary permit from the state Department of Liquor Control for that event.
The two indicated they would do that.