5 questions answered about Mishawaka's Downtown Outdoor Refreshment Area proposal

MISHAWAKA — Questions about setting up a Designated Outdoor Refreshment Area (DORA) in downtown Mishawaka were posed by the Common Council's public health & safety committee on Monday night as councilors opened the city's ordinance proposal for scrutiny.

The city has asked the council to consider allowing people 21 and older to carry open alcoholic beverages purchased from approved vendors in an area encompassing Ironworks Plaza and Beutter Park. A new state law allows such DORAs, and cities in Indiana are joining those in surrounding states in setting up areas as a way to offer people more freedom within the boundaries to encourage foot traffic to the areas.

The proposal calls for three current businesses so far — Sun King Brewery, Mishawaka Public House and Social Cantina — to sell alcohol in designated "to-go" cups that patrons could carry within an area bounded by the St. Joseph River to the north, Front Street to the south, Main Street to the east and an area to the west where the second phase of The Mill apartments is expected to be built.

More: Mishawaka council seeking input on whether to allow open drinks in area of Ironworks Plaza

The city put together a draft in ordinance form for the council to consider and possibly modify. The draft is likely to be revised and changed in such areas as hours of operation, enforcement of the designated area, sanitation and other issues.

The meeting highlighted a series of questions from the council and from the people in attendance:

Why have a DORA?

Current open container laws state that any alcohol purchased at a restaurant or brewery or during a specially permitted event must stay within the business or permitted areas. The state law now gives cities the right to allow people, for example, to buy special designated cups of alcohol that can be carried outside, within the DORA.

"We wanted to start small, and start around our festival street, which is Ironworks Drive," Mayor Dave Wood told the committee. "We have built a great reputation in a very short time. And the only thing missing is the freedom to walk around acros the street while you may be waiting for your meal at the beer garden that Sun King operates. Just one glaring example of what this could fix and how this could benefit local businesses."

Matt Lentsch, director of development and governental affairs, said beverages in the DORA have to be purchased from approved businesses and that other beverages carried in the areas could be a violation of the city's open container laws and subject to law enforcement.

Will it be a 24-7 drinking free-for-all?

Should a DORA ordinance be established, the hours people could carry beverages within its boundaries would be set by the council. DORAs have specific boundaries that will have signage for people to observe and follow, with businesses responsible for checking IDs, placing drinks in the designated cups making sure people are not overserved and all other current alcoholic beverage laws.

Phil Blasko, superintendent of Parks and Recreation, said he would not want any hours of operation for DORAs to go past 10 p.m., the hours set for parks.

"We also have a noise ordinance that goes until 10," he said, "so we would want to make sure we're respectful to our neighbors."

Will there be more strain on policing and cleanup in the DORA?

Police Chief Ken Witkowski said there would not be any real increase in enforcement with the setup of a DORA there.

"We do not get any extra calls for service because of the alcohol that's being served there," Witkowski told the council. "To me, it's business as usual."

With the Biergarten in Beutter Park, the beer gardens that often are set to for events at Central Park and the beer that's sold during the Mishawaka Market event along Ironworks Drive in the summer, the police chief said, he feels the department could handle the change.

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He said his department works best in enforcing alcohol laws when the department is in control of the event schedule. When officers do not anticipate crowds by not being told of events or parties where alcohol is involved, he said, those times can be hard to deal with.

"I don'e see any burden, extra burden, on the police department at all." he said.

Tim Ryan, director of central services, said there are 25 trash barrels in Beutter Park, and his sanitation department currently staffs the areas. Crews are there to empty the trash when needed.

Moreover, as with large events such as the city's Fourth of July day, the trash is managed as it accumulates and crews conduct the cleanups immediately following those events, thus preventing trash to pile up.

Could there be underage drinking in the DORA?

Christy Miller, a West End resident, questioned the council on what could prevent adults from buying the allowed two "to-go" beverages and simply giving it to underage drinkers in the DORA.

"I would strongly urge you to please consider how we are going to police this, and I'm not talking about the Mishawaka Police Department, but how are we going to prevent minors from getting their hands on alcohol?"

Mark Tarner, owner of the Mishawaka Public House, said he is a licensed vendor, and he said the world is changing when it comes to drinking.

"I'd thought I'd never see it at the Indiana State Fair. They have a craft brewery there now and they have alcohol there," Tarner said. "I know South Bend is applying for it, and we're speaking for it there. I know The Circle is, and I'm speaking for it there. I do think it has to be policed. And I think the world's changing, and I think it's better if you approve it."

When would a DORA go into effect?

The council committee Monday night gathered comment on the city's DORA ordinance proposal, but council members assured those in attendance that more discussion and revision was needed.

Council member Anthony "Tony" Hazen said the second reading and public hearing on the DORA ordinance likely would not be taken up at the council's Aug. 21 meeting, and Council President Gregg Hixenbaugh added that there was more work to be done on the ordinance that may delay the public hearing on a possible second reading.

"My own personal opinion is that this is a matter that requires some careful consideration," Hixenbaugh said. "I do think that there is some significant revision to the proposed ordinance that needs to take place one way or another."

The council president said he hoped more specific language on the safety and sanitation plans could be in the proposal, along with the hours of operation and other specific aspects of the DORA's operations.

Email Tribune staff writer Greg Swiercz at gswiercz@sbtinfo.com.

This article originally appeared on South Bend Tribune: Designated Outdoor Refreshment Area proposal in Mishawaka under review