Ordinance and Rules Committee — Charleston, WV
Date: 2023-09-21
Time: 16:00

CITY OF CHARLESTON
 WEST VIRGINIA

 Council Member – Ward 20

Chad Robinson Ordinance and Rules Committee, Chair
793 Lower Donnally Rd. Parks and Recreation Committee
Charleston, WV 25304 Finance Committee
304- 389-7373 Parking Facilities Committee
chad.robinson@cityofcharleston.
org



 A meeting of the Council Committee on Ordinance & Rules will be held on Thursday, September
 21, 2023 at 4:00 PM. To be held in person
 AV ROOM #308, CITY HALL

 Agenda

APPROVAL OF PREVIOUS MINUTES

 1. 9-5-2023

BILLS

 1. Bill No. 8013 - A BILL to amend and reenact the Municipal Code by adding thereto a
 new relating to authorizing Private Outdoor Designated Areas.

ADJOURN




CR/ns
*Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com

CITY OF CHARLESTON
 WEST VIRGINIA

 Council Member – Ward 20

Chad Robinson Ordinance and Rules Committee, Chair
793 Lower Donnally Rd. Parks and Recreation Committee
Charleston, WV 25304 Finance Committee
304- 389-7373 Parking Facilities Committee
chad.robinson@cityofcharleston.
org



 A meeting of the Council Committee on Ordinance & Rules will be held on Thursday, September
 21, 2023 at 4:00 PM. To be held in person
 AV ROOM #308, CITY HALL

 Agenda

APPROVAL OF PREVIOUS MINUTES

 1. 9-5-2023

BILLS

 1. Bill No. 8013 - A BILL to amend and reenact the Municipal Code by adding thereto a
 new relating to authorizing Private Outdoor Designated Areas.

ADJOURN




CR/ns
*Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com




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 MINUTES
 ORDINANCE AND RULES COMMITTEE MEETING

 5:45 P. M., SEPTEMBER 5, 2023

THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL.

Chad Robinson, Chairperson, called the meeting of the Charleston City Council
Committee on Ordinance and Rules to order at 5:45 p.m., SEPTEMBER 5, 2023.

Committee Members Present:
Chad Robinson, Chair
Frank Annie
Emmett Pepper
Joseph Jenkins

Absent:
Patrick Salango, Vice Chair
Becky Ceperley
Sam Minardi



Councilmembers also Present:
Beth Kerns
Joe Solomon
Chelsea Steelhammer
Bruce King
Shawn Taylor




 1. Approval of Previous Minutes –
Councilmember Jenkins motioned to approve the previous minutes from 2-21-2023.
With those being present having voted unanimously in the affirmative, the Chair
declared the minutes as approved.




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 2. Downtown Private Outdoor Designated Areas (PODA) –

Councilmember Robinson stated that the Committee has received the Ordinance
recently passed by Huntington. He asked the City Attorney, Kevin Baker, to give them a
brief overview.

Baker stated that the WV Legislature had recently created a new statute to allow
municipalities to create private, outdoor areas. It would allow people to purchase a drink
from a bar/restaurant to take outside within the designated area. The businesses that
would want to participate would have to put drinks in a specially branded cup as well as
obtain a special license and approval of the City Manager. Baker added that it would
require the businesses to enter into a hold harmless agreement to be jointly and
separately liable. Baker added that the area could be as small as one block. The hours
can also be limited by the operation as far as days and times.

Councilmember Robinson asked if the City could identify events/specific days (such as
the Regatta or specific weekends). Baker replied that the ABCA has taken the position
that there can not be a private outdoor designated area at the same time or overlapping
with a fair/festival. This would exclude the Regatta but not Live on the Levee or similar
events.

Councilmember Jenkins asked for clarification about the liability. Baker confirmed that
all business involved would be liable even if only one business breaks the rules (or for
any other reason). Councilmember Jenkins confirmed that there is no limit to the
numbers of PODAs the City could create.

Councilmember Jenkins added that there was promise to the idea, and suggested that
the City Center Business District review it as well. Councilmember Robinson added that
he thought it would be beneficial to the City.

Councilmember Pepper confirmed that a business could be part of the PODA only if
they already had a license to sell liquor/alcohol. Baker replied that the PODA would
allow someone to purchase alcohol from a bar within that PODA and carry it around
outside anywhere within the designated area. This would not include stores that would
be involved in the Art Walk, for example, although Baker believed that the ABCA had
other licenses that might allow that.

Baker added that the ordinance states that the City has the authority to demarcate the
area for the consumption of liquor, wine, beer, non-intoxication wine and non-
intoxicating craft beer. It would not be likely that the City would be able to choose which
types of alcohol to include/exclude.

From the audience, Councilmember Kerns added that there could be several distinct
PODAs that would include Downtown, a section on the East End, Elk City and possibly
Bridge Road.




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Councilmember Robinson confirmed that the food trucks days at Slack Plaza were not
considered a festival as they don’t serve alcohol. If they did, they would have to get a
Fair/Festival license from the ABCA. Baker added that the alcohol sold at Live on the
Levee is from Four Points, who does have a license. The Regatta is considered a
fair/festival because there are multiple vendors selling alcohol.

Councilmember Jenkins added that this should also be somewhat community driven.
Councilmember Robinson agreed, adding that perhaps they could invite likely
businesses to the next meeting for input.



 3. Resolution No. 823-23 - Amending Rule No. 22 of the Rules of Council, relating
 to increasing public participation at council meetings (a committee substitute has
 been proposed)


Councilmember Robinson asked Baker to explain the Committee Substitute. Baker
stated that it would also add a new subsection stating that the floor of Council would
only be for members of Council and designated City staff during active sessions. The
rule makes exceptions for anyone being presented a proclamation or honorary
designation. It also would reserve the front, left row of the gallery for members of the
media. The resolution would change the current 10 minutes of public comment to 20
minutes (from the original draft’s 30). Instead of a maximum of 5 people, there would be
a maximum of 10 people. It also clarifies that the maximum time that one person can
speak is 5 minutes.

Councilmember Robinson added that the goal is to allow for more public speaking.
Secondly, he added that the Legislature does not allow the public to have access to the
chamber floor. The Senate requires media to sit in the back, and the House is
considering doing that as well. The Committee Substitute does not remove access prior
to or after the meeting.

Councilmember Robinson added that an alternative he considered was to adopt the
House’s definition of media (credential, state-wide/national media), but he did not want
to do that.

From the audience, Councilmember Kerns added that there should be a physical gate
with a sign that read “Authorized Personnel Only”, and to have the public speaker sign
up in the back of the room.

Councilmember Jenkins added that the disruptions seemed to be on an individual basis
and not the media as a whole. He has never seen an issue with the media being at the
front table. He was not sure if the Committee Substitute addressed the concerns. He
added that any perceived disruption by the media should be called out by the Presiding
Officer or by a Councilmember via a point of privilege. Councilmember Robinson added
that he did not want to go to the extreme level of having to credential media or to put a




 Page | 4 of
staff member in that position.

Councilmember Pepper motioned to amend the Committee Substitute on lines 26-28, to
remove the language that would limit who the Presiding Officer could invite to the floor
during a meeting, giving them broader discretion. Councilmember Annie seconded the
motion. With those members being present having voted unanimously in the affirmative,
the Chair declared to amendment to the Committee Substitute as approved.

From the audience, Councilmember Solomon added that he would introduce an
amendment during Council that would strike out the section about the press.

Councilmember Pepper added that he had similar concerns that the press would be
limited in the ability to adequately cover Council meetings. Councilmember Pepper
motioned to amend the resolution to permit members of print and broadcast members to
sit at the designated area and to permit other types of media to a designated section in
the front row of the seating area. Councilmember Annie seconded the motion.

Councilmember Robinson asked what counted as “media.” He added that his intention
was not to limit media, but there had to be consideration of who has access to the
Council floor while a meeting was in session. He noted that other bodies do not allow
the media to walk to and from while in session. Councilmember Pepper replied that
things like Facebook live, Twitter, blogs, etc., would not be considered broadcast media
under his proposed amendment.

From the audience, Councilmember Taylor asked if the Committee had considered
adopting the policy of the State for credentialing media. Councilmember Robinson
added that was his initial thought, but he decided to propose the less extreme version in
the Committee Substitute.

Councilmember Robinson stated that the resolution would be laid over indefinitely.
There were no objections.

From the audience, former House of Delegates member Danielle Walker, added that
the House did allow media to be at the front of the room during session. Councilmember
Robinson confirmed with Walker that the House did have procedures to credential the
media.




Councilmember Pepper motioned to adjourn the meeting. Meeting adjourned.




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 Page | 6 of
 City Center at
 Slack Plaza
 Davis Park
 Haddad
Riverfront Park
Page | 7 of
Page | 8 of
 Bill No. 8013

 Introduced in Council: Adopted by Council:

 September 18, 2023

 Introduced by: Referred to:

 Chad Robinson, Bruce King, Ordinance & Rules
 Frank Annie, Mary Beth Hoover,
 Jennifer Pharr, Shawn Taylor,
 Joseph Jenkins, Sam Minardi and
 Patrick Salango

 1 Bill No. 8013 - A BILL to amend and reenact Sec. 6-91 of the Municipal Code of the
 2 City of Charleston, as amended; and to amend said Code by adding thereto a new
 3 Article IV within Chapter 6, consisting of 4 divisions, designated Sec. 6-151, 6-152, 6-
 4 153, 6-154, 6-155, 6-156, 6-157, 6-158, 6-166, 6-167, 6-168, 6-171, 6-172, 6-173, 6-
 5 176, 6-177, and 6-178, all relating to authorizing Private Outdoor Designated Areas;
 6 updating prohibitions on drinking in public places; providing details for the operation of
 7 Private Outdoor Designated Areas; creating certain requirements and prohibitions for
 8 businesses and individuals within Private Outdoor Designated Areas; requiring certain
 9 signage be placed to demarcate Private Outdoor Designated Areas; authorizing the City
10 Manager to take action to revoke permits or suspend Private Outdoor Designated Areas
11 when public safety so requires; creating the City Center PODA, Bridge Road PODA,
12 and Elk City PODA; and setting forth day, time, and personnel needed for the operation
13 of each Private Outdoor Designated Area.
14
15 Now, therefore, be it ordained by the Council of the City of Charleston:
16
17 That Sec. 6-91 of the Municipal Code of the City of Charleston, as amended, is hereby
18 amended and reenacted; and that said Code is hereby amended by adding thereto a
19 new Article IV within Chapter 6, consisting of 4 divisions, designated Sec. 6-151, 6-152,
20 6-153, 6-154, 6-155, 6-156, 6-157, 6-158, 6-166, 6-167, 6-168, 6-171, 6-172, 6-173, 6-
21 176, 6-177, and 6-178, all to read as follows:
22
23 CHAPTER 6. – ALCOHOLIC BEVERAGES.
24 ARTICLE III. – INTOXICATING LIQUOR.
25 DIVISION 1. – GENERALLY.
26
27 Sec. 6-91. – Prohibited drinking and prohibited possession.
28
29 It shall be unlawful for any person to:
30 (1) Drink alcoholic liquor in a public place except as otherwise provided by
31 law.
32 (2) Drink alcoholic liquor in a motor vehicle upon any street, open space or




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33 in a public garage.
34 (3) Tender a drink of alcoholic liquor to another person in a public place or
35 in any place mentioned in subsection (2) of this section or in a public place, except as
36 otherwise provided by law.
37 (4) Possess alcoholic liquor in an amount in excess of one gallon, in
38 containers not bearing stamps or seals of the state liquor control commission, without
39 having first obtained written authority from that commission.
40 (5) Possess any alcoholic liquor which he or she knows or should know
41 was manufactured or acquired in violation of the provisions of W. Va. Code Chapter 60
42 (W. Va. Code § 60-1-1 et seq.).
43
44 ARTICLE IV. – PRIVATE OUTDOOR DESIGNATED AREAS.
45 DIVISION 1. – GENERALLY.
46
47 Sec. 6-151. – Authorization for Private Outdoor Designated Areas.
48
49 Pursuant to West Virginia Code §8-12-26, the City of Charleston hereby adopts
50 this ordinance establishing private outdoor designated areas, as described in West
51 Virginia Code § 60-7-8g.
52
53 Sec. 6-152. – Private Outdoor Designated Area.
54
55 A Private Outdoor Designated Area includes the public property that has become
56 a legally demarcated area established by a municipal ordinance as set forth in West
57 Virginia Code §8-12-26 for the consumption of liquor, wine, nonintoxicating beer, and
58 nonintoxicating craft beer. A person may possess and consume an approved open
59 container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer sold from an
60 approved Class S4 permit holder, as further detailed in this Article, outdoors within a
61 Private Outdoor Designated Area. A business operating within a Private Outdoor
62 Designated Area may choose whether or not to permit people to enter its business with
63 an approved open container of liquor, wine, nonintoxicating beer, or nonintoxicating
64 craft beer sold from an approved Class S4 permit holder.
65
66 Sec. 6-153. – Participation in a Private Outdoor Designated Area.
67
68 (a) Any Class A license holder under West Virginia Code §60-7-1 et seq. that
69 operates in a Private Outdoor Designated Area may apply to the City Manager for the
70 approval to operate in a Private Outdoor Designated Area. The City Manager shall
71 review the application to ensure it is complete and meets the following requirements:
72 (1) The applicant is located in an established Private Outdoor Designated
73 Area, pursuant to this Article, with a front door in compliance with all building and fire
74 codes for the safe ingress and egress of members, patrons, and guests to and from the
75 Private Outdoor Designated Area.
76 (2) The applicant has a valid city and state business license and is in good
77 standing with the city.
78 (3) The applicant has a valid Class A license under West Virginia Code




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 79 §60-7-1 et seq.
 80
 81 (b) Once approved by the City Manager, as indicated by a letter of approval to
 82 the applicant, the license holder may apply to the West Virginia Alcohol Beverage
 83 Control Administration (“WVABCA”) for a special Class S4 permit, as detailed in West
 84 Virginia Code § 60-7-8g, to participate in a Private Outdoor Designated Area, as further
 85 detailed in this Article, in the West Virginia Code, and in any applicable rules of the
 86 WVABCA. Upon approval by the WVABCA, the Class S4 permit holder shall notify the
 87 City Manager’s office. Any business that receives the approval of the City Manager and
 88 a Class S4 permit from the WVABCA may participate in a Private Outdoor Designated
 89 Area.
 90
 91 (c) Participation in a Private Outdoor Designated Area does not provide a
 92 business with any authority to operate outdoor dining on the public right of way. Any
 93 business interested in participating in outdoor dining shall follow the requirements of
 94 Chapter 102, Article VII of this Code. A business with an approved outdoor dining area
 95 that is within a Private Outdoor Designated Area may operate its outdoor dining area
 96 simultaneously with its participation in a Private Outdoor Designated Area.
 97
 98 Sec. 6-154. – Containers.
 99
100 All beverages served from valid Class S4 permit holders for consumption in a
101 Private Outdoor Designated Area shall be served in a non-glass container not greater
102 than 16 fluid ounces, which has been approved by the City Manager and the WVABCA.
103
104 Sec. 6-155. – Signage and Prohibitions.
105
106 (a) Prior to the operation of a Private Outdoor Designated Area, the city shall
107 erect conspicuous signage. The signs shall be located at every reasonable point where
108 a pedestrian may exit the Private Outdoor Designated Area by way of a public sidewalk.
109 The signs shall clearly state “No alcohol beyond this point.” and provide clear notice that
110 a person is leaving the Private Outdoor Designated Area.
111
112 (b) A person may not leave a Private Outdoor Designated Area while possessing
113 an open container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer that
114 contains liquid.
115
116 (c) A person may not possess an open container of liquor, wine, nonintoxicating
117 beer, or nonintoxicating craft beer that contains liquid while being in, on, or operating a
118 motor vehicle within a Private Outdoor Designated Area.
119
120 Sec. 6-156. – Public Health, Safety, and Sanitation.
121
122 (a) All Private Outdoor Designated Areas shall be operated in a manner
123 consistent with all state and municipal laws. The Charleston Police Department shall be
124 responsible for ensuring compliance and may issue citations within the Private Outdoor




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125 Designated Areas as necessary. The Charleston Police Department shall provide a
126 copy of any citation issued within a Private Outdoor Designated Area to the WVABCA.
127
128 (b) In addition to any public restrooms in a Private Outdoor Designated Area,
129 participating Class S4 permit holders shall make available adequate restroom facilities,
130 whether permanent or portable, to serve their members and guests during all hours of
131 operation of the Private Outdoor Designated Area.
132
133 (c) All businesses operating within a Private Outdoor Designated Area shall
134 comply with all requirements of the Kanawha-Charleston Health Department.
135
136 (d) All participating businesses within a Private Outdoor Designated Area shall
137 make waste receptacles available during the operating hours of the Private Outdoor
138 Designated Area in a number sufficient to contain the waste generated within the area
139 and which are emptied regularly by each participating business as needed to ensure
140 availability. These waste receptacles are in addition to the City of Charleston public
141 waste receptacles in the area.
142
143 Sec. 6-157. – Revocation of City Manager Approval.
144
145 The City Manager may revoke the letter of approval of any Class S4 permit
146 holder when doing so is in the interest of public safety by sending a revocation letter to
147 both the permit holder and the WVABCA.
148
149 Sec. 6-158. – Suspension of Private Outdoor Designated Area.
150
151 The City Manager has the authority to suspend the operation of a Private
152 Outdoor Designated Area immediately when in the interest of public safety by providing
153 notice to all Class S4 permit holders within the Private Outdoor Designated Area and
154 the WVABCA.
155
156 DIVISION 2. – CITY CENTER PODA
157
158 Sec. 6-166. – Creation and Boundaries.
159
160 (a) City Council for the City of Charleston hereby established a Private Outdoor
161 Designated Area known as “City Center PODA”, which shall have the boundary as
162 stated in subsection (b) of this section and which shall meet all of the requirements of
163 this Article and applicable West Virginia Code.
164 (b) The City Center PODA shall begin at the southeastern corner of the
165 intersection of Virginia Street and Laidley Street, then continue along Virginia Street in
166 an easterly to Summers Street, then continue along Summers Street in a northerly
167 direction to Lee Street, including City Center at Slack Plaza, then continue in an easterly
168 direction along Lee Street to Hale Street, then continue in a southerly direction along
169 Hale Street to Virginia Street (including the buildings on the northern side of Quarrier
170 Street between Hale Street and Dickinson Street), then continue in a westerly direction




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171 along Virginia Street to Capitol Street, then continue in a southerly direction along
172 Capitol Street to Kanawha Boulevard, then continue in a westerly direction along
173 Kanawha Boulevard to include all of Haddad Riverfront Park before continuing in a
174 northerly direction along Laidley Street to the southeastern corner of the intersection of
175 Laidley Street and Virginia Street. The City Center PODA shall include the public rights-
176 of-way within the boundary area and the buildings at or within the following addresses:
177 600-822 Virginia Street East; 500-800 Kanawha Blvd East; 8-247 Capitol Street; 2-191
178 Summers Street; 100-235 Hale Street; 701-819 Lee Street East; 700-723 Brawley
179 Walkway; 700-910 Quarrier Street
180 (c) The attached map of the City Center PODA is incorporated herein and made
181 a part of this ordinance.
182 (d) The area within the City Center PODA is in the Central Business District
183 (“CBD”), which is a zoning area that allows for the sale and consumption of liquor, wine,
184 nonintoxicating beer and nonintoxicating craft beer, and is in compliance with the zoning
185 ordinance.
186
187 Sec. 6-167. – Days and Hours of Operation
188
189 The City Center PODA may operate on any Thursday from 4:00 p.m. until 10:00
190 p.m., Friday from 4:00 p.m. until 10:00 p.m., Saturday from 10:00 a.m. until 10:00 p.m.,
191 and Sunday from 10:00 a.m. until 10:00 p.m.
192
193 Sec. 6-168. – Personnel Needed
194
195 The estimated number of City personnel needed to ensure public safety and
196 efficient operations in the City Center PODA is four police officers and two public works
197 employees. The City Council anticipates that these City employees will be working their
198 regular shifts and generally assigned in this area of the City.
199
200 DIVISION 3. – BRIDGE ROAD PODA
201
202 Sec. 6-171. – Creation and Boundaries.
203
204 (a) City Council for the City of Charleston hereby established a Private Outdoor
205 Designated Area known as “Bridge Road PODA”, which shall have the boundary as
206 stated in subsection (b) of this section and which shall meet all of the requirements of
207 this Article and applicable West Virginia Code.
208 (b) The Bridge Road PODA shall begin on Bridge Road at a point 115 feet north
209 of its intersection with Walnut Road and shall continue along Bridge Road in a southerly
210 direction to a point 115 feet southwest of its intersection with Forest Road; it shall
211 include the area along Forest Road between Bridge Road and Glen Road and the area
212 along Walnut Road between Pine Road and Bridge Road, along with the buildings and
213 lots adjacent to these public rights-of-way. The Bridge Road PODA shall include the
214 public rights-of-way within the boundary area and the buildings at or within the following
215 addresses: 912-1038 Bridge Road; 900-908 Walnut Road;
216 (c) The attached map of the Bridge Road PODA is incorporated herein and made




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217 a part of this ordinance.
218 (d) The area within the Bridge Road PODA is in a C-4 Neighborhood Commercial
219 District, which is a zoning area that allows for the sale and consumption of liquor, wine,
220 nonintoxicating beer and nonintoxicating craft beer, and is in compliance with the zoning
221 ordinance.
222
223 Sec. 6-172. – Days and Hours of Operation
224
225 The Bridge Road PODA may operate on any Thursday from 4:00 p.m. until 10:00
226 p.m., Friday from 4:00 p.m. until 10:00 p.m., Saturday from 10:00 a.m. until 10:00 p.m.,
227 and Sunday from 10:00 a.m. until 10:00 p.m.
228
229 Sec. 6-173. – Personnel Needed
230
231 The estimated number of City personnel needed to ensure public safety and
232 efficient operations in the Bridge Road PODA is two police officers and one public works
233 employee. The City Council anticipates that these City employees will be working their
234 regular shifts and generally assigned in this area of the City.
235
236 DIVISION 4. – ELK CITY PODA
237
238 Sec. 6-176. – Creation and Boundaries.
239
240 (a) City Council for the City of Charleston hereby established a Private Outdoor
241 Designated Area known as “Elk City PODA”, which shall have the boundary as stated in
242 subsection (b) of this section and which shall meet all of the requirements of this Article
243 and applicable West Virginia Code.
244 (b) The Elk City PODA shall begin at a point on Washington Street West that is
245 40 feet northwest of its intersection with Pennsylvania Ave. South and continues in a
246 westerly direction along Washington Street West to a point that is 75 feet southeast of
247 its intersection with Crescent Road; it shall include the first 300 feet of public rights-of-
248 way off Washington Street West on Bigley Ave. and Tennessee Ave., along with the
249 buildings and lots adjacent to these public rights-of-way. The Elk City PODA shall
250 include the public rights-of-way within the boundary area and the buildings at or within
251 the following addresses: 110-320 Washington Street West; 700-715 Bigley Ave.; 608-
252 617 Tennessee Ave.
253 (c) The attached map of the Elk City PODA is incorporated herein and made a
254 part of this ordinance.
255 (d) The area within the Elk City PODA is in either a C-10 General Commercial
256 District or an Urban Corridor District (“UCD”), both of which are zoning areas that allow
257 for the sale and consumption of liquor, wine, nonintoxicating beer and nonintoxicating
258 craft beer, and are in compliance with the zoning ordinance.
259
260 Sec. 6-177. – Days and Hours of Operation
261
262 The Elk City PODA may operate on any Thursday from 4:00 p.m. until 10:00




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263 p.m., Friday from 4:00 p.m. until 10:00 p.m., Saturday from 10:00 a.m. until 10:00 p.m.,
264 and Sunday from 10:00 a.m. until 10:00 p.m.
265
266 Sec. 6-178. – Personnel Needed
267
268 The estimated number of City personnel needed to ensure public safety and
269 efficient operations in the Elk City PODA is two police officers and one public works
270 employee. The City Council anticipates that these City employees will be working their
271 regular shifts and generally assigned in this area of the City.




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MINUTES
 ORDINANCE AND RULES COMMITTEE MEETING

 4:00 P. M., SEPTEMBER 21, 2023

THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL.

Chad Robinson, Chairperson, called the meeting of the Charleston City Council
Committee on Ordinance and Rules to order at 4:00 p.m., SEPTEMBER 21, 2023.

Committee Members Present:
Chad Robinson, Chair
Patrick Salango, Vice Chair
Frank Annie
Joseph Jenkins
Sam Minardi (arrived after approval of previous minutes)
Emmett Pepper

Absent:
Becky Ceperley



Councilmembers also Present:
Mary Beth Hoover
Shawn Taylor
Beth Kerns




 1. Approval of Previous Minutes –
Councilmember Pepper motioned to approve the previous minutes from 9-5-2023. With
those being present having voted unanimously in the affirmative, the Chair declared the
minutes as approved.
 2. Bill No. 8013 - A BILL to amend and reenact the Municipal Code by adding
 thereto a new relating to authorizing Private Outdoor Designated Areas–

City Attorney, Kevin Baker, stated that the State has given municipalities the authority to
allow private clubs to apply for inclusion in the designated PODA. He added that special
cups are required. The ABCA has created a special license (S-4 permit) in addition to
the regular license for this. Requirements for City approval include a valid business
license, Class A license for a private club, in good standing with the City, located within
the PODA area. The container must be non-glass. Baker added that so far, the ABCA
has only approved plastic cups. State law allows for up to 18 oz. cups, but the proposed
bill states 16 oz. State law requires signage that clearly states the boundaries of the
PODA. There are also requirements that the participating venues make their restrooms
available as well as any public restrooms within the area. The businesses must follow
all Kanawha Charleston Health Department requirements. They must also make waste
receptacles available during the PODAs operating hours. Baker added that the bill
allows the City Manager to revoke specific businesses or the entire PODA in the interest
of public safety. The three PODAs proposed are City Center, Elk City and Bridge Road
with operating hours of 4pm-10pm Thursday and Friday and 10am-10pm Saturday and
Sunday. Baker added that there are currently no businesses that qualify in the Elk City
PODA, but there is potential.

Councilmember Jenkins confirmed that the City would have control of the design of the
cups. He saw it as an advertising opportunity for the specific areas. Baker added that
the cups also have to be approved by the ABCA. Councilmember Jenkins asked if the
cups could be reusable. Baker replied that seemed to be the anticipation of the
Legislature. It doesn’t seem like the ABCA is wanting to approve that yet, but might in
the future.

Mayor Goodwin added that they have studied some of the cities that already have
PODAs in place. An important part of the set up is to make everything consistent for
both locals and visitors. Additionally, recyclable cups are the most commonly used. The
Mayor added that she thought it would be best to start with the same items for all the
PODAs. Throughout their research, they have found that good communication was the
key to success.

Councilmember Jenkins added that the bill requires dedicated City personnel for the
areas (police officers, street/refuse, etc.). He added there are only four officers assigned
to the South Side and the bill lists two required officers for the area’s PODA. Are those
PODA officers allowed to leave the area to answer calls etc.? Baker replied that there
would probably be a learning curve once put into effect. State law only requires that the
bill list the estimated number of personnel needed to ensure public safety and efficient
operations.

Councilmember Pepper asked if aluminum solo cups had been approved. Baker replied
that so far, the ABCA has only approved plastic cups. Councilmember Pepper asked for
clarification about the signage. Baker replied that the State law requires more specific
language about size and types of signs that he has drafted. He added that giving the
City Manager more authority over decisions would be acceptable. Baker added that
other cities have placed their signs as stickers on the street, which would be supported
by the State law. Councilmember Pepper added that if the PODA should ever be shut
down (or changed significantly) the businesses and relevant Councilmembers should be
notified.

Councilmember Minardi confirmed with Baker that uniformed officers are a requirement
of State law. He asked if security could be outsourced. Baker replied that the number
listed in the bill is the estimated requirement, which could be broadly interpreted.

Councilmember Jenkins asked, as it related to the definition of private clubs, if micro-
breweries or distilleries would count. Baker replied that they would seem to be
technically outside of that definition, but he didn’t think they would be prohibited from
getting a private club license.

Councilmember Robinson asked for clarification about the liability issue. Baker replied
that the State law requires all of the S4 participating private clubs to enter into an
agreement with each other to where they would jointly be liable for actions within the
PODA. This does not seem to be as big of an obstacle as he originally thought.
Councilmember Robinson asked if the bill could be broader by leaving out the specific
mentions of the types of personnel. Baker replied that although the number is an
estimate, he thought the bill needed to have some kind of number in it. Councilmember
Jenkins suggested that the language could read “safety personnel.” Councilmember
Robinson agreed, and added that it could read “up to.”

Councilmember Robinson proposed adding a fourth PODA that would include the
Market, Bricks and Barrells and the ballpark. He also suggested squaring up the City
Center PODA between Hale Street and Dickenson Street and between Quarrier Street
and Virginia Street.

From the audience, Councilmember Kerns added that plastic solo cups would not be
able to be recycled.

From the audience, Councilmember Taylor asked what authority did the ABCA have as
to the material of the containers. Baker added that the State law required that drinks be
served in a non-glass container, approved by the municipality and the ABCA. Baker
added that if the City and the business owners could make a strong agreement in favor
of an alternate material to plastic, they should (be might not) approve it.

From the audience, Councilmember Hoover agreed with the suggested map changes
and the additional PODA suggestion.

City Manager, Ben Mishoe, added they there are compostable cups that look like
regular plastic cups.

Mayor Goodwin added that some cities initially provided the containers to the PODAs at
the start, and then the businesses were responsible for purchasing their own cups with
the logos and additional requirements approved by the City and ABCA.

Business owner Kim Rossi (Hale and Quarrier Streets) initially thought that their
businesses were not included within the City Center PODA, but it was determined that
they were. Rossi added that there are cups that will biodegrade on their own within a set
number of years without the need to recycle or compost them.

Evan Osborne, representing the Capital Market, added that the additional PODA would
greatly benefit the Market.

Councilmember Pepper wanted to make sure the businesses were ok with the operating
hours of the PODAs. Chief of Staff, Matt Sutton, added that there was a safety benefit to
having events end fairly early, and they have seen that successfully implemented with
the Regatta and Live on the Levee. The Mayor agreed that they have received similar
feedback from other cities with PODAs.

Baker added that the ABCA is still working out how to handle fairs/festivals that happen
within the PODA. It would seem like the PODA would be turned off in those instances.

Councilmember Robinson asked if the City could apply for a permit for a Regatta
PODA. Baker replied that it is likely the City will need to work with the ABCA about that.
He would recommend that Council adopt a resolution for the Regatta right before it
starts. It will likely be confusing to people for some time as everyone learns the rules.

Councilmember Jenkins added that the bill should give more authority to the City
Manager.

Councilmember Robinson added that there would be a meeting at Adelphia on
Thursday next week for businesses to meet and discuss the PODAs.

Baker added that he thought the S4 license would be $100.



Councilmember Minardi motioned to adjourn the meeting. Meeting adjourned.