City Commission restores open container law, creates downtown entertainment district on first reading

BY JENNIFER CABRERA

GAINESVILLE, Fla. – At their Special Meeting today, the Gainesville City Commission restored their pre-COVID open container ordinance and created a downtown entertainment district – both on first reading.

Mayor Harvey Ward led off by saying that if both ordinances pass, he would like them to become effective on January 1, 2024. 

Open container

The open container ordinance that was recommended by staff would return to the version that was in effect before COVID, with open containers prohibited almost everywhere outdoors, except on private property or within a special permit area. 

Commissioner Reina Saco opposed reinstating the ordinance, saying it is “unjust to punish the 99% for the actions of the 1%, to treat grown adults, who are capable of purchasing alcohol legally, like children because 1% of the population acts out or causes a nuisance… Open container bans are also one of the many ways we also attack our houseless neighbors… If I don’t have money for rent, I certainly don’t have money for a ticket. And if I just want to celebrate anything, if I’ve had a bad day, I can’t do that. I don’t have access to that the same way [as someone who has permanent shelter or access to that shelter].”

Saco also said she didn’t support the entertainment district, although she later voted for it: “An entertainment district picks winners and losers. It picks businesses… that will succeed where others can’t.” She said properties in the entertainment district will become more valuable, “[pushing out] some of the small local businesses.” She said the change was “too big, too fast… The alcohol and the gun are not the same thing, it isn’t, and to equate the two is honestly ridiculous, in my opinion.” She suggested just pulling back the hours in the current ordinance, which prohibits open containers after 2 a.m.: “I’m not going to vote to repeal this; it’s silly.”

Ward: Gainesville is advertised as a “tourist destination where there ain’t no law enforcement”

Ward said he agreed that adults should be “treated like they’re grown. Unfortunately, we are, to my knowledge, the only city in Florida and one of only a literal handful in America that just doesn’t have an ordinance at all.” He said Gainesville is being advertised as a “tourist destination where there ain’t no law enforcement. That’s a problem.”

Ward said people are dead because others came to Gainesville to party: “There are a couple of ways to keep that from happening. You make sure that people who ought not to have guns, don’t have guns, but unfortunately, the state of Florida won’t let us do that.”

Commissioner Ed Book said, “Most of us behave in ways that make us responsible adults… On the other hand, we do have real issues with violence and alcohol and crowd management, and it is clearly a public safety issue in the city of Gainesville.”

In response to a question about penalties, Gainesville Police Chief Lonnie Scott said enforcement is typically handled with a civil citation “unless the person is aggressive.”

Commissioner Cynthia Chestnut said people often point to Celebration Pointe, where people can walk around with open containers, but she said they have private security “to help manage the people that are there and perhaps drinking alcohol.” She added, “Now, I think that if we had the business improvement district, then we would be able to generate the funds to support the security for downtown… But I think that someone must bear the cost of paying for the security… That is not addressed here.”

Three people spoke in favor of repealing the ordinance and three spoke against it during public comment; it was unclear where the seventh person stood.

Following public comment, Saco said, “We can’t 100% say alcohol caused the incidents we have here. I’d also venture to guess that someone who is willing to shoot someone is not going to listen to laws about open consumption of alcohol.” She also pointed out that violent crime is rising everywhere, “so what’s causing it in those other places?”

First motion on the open container ordinance

Saco made a motion to approve an alternate ordinance (which was also in the agenda backup) that reduces the hours (prohibiting open containers starting at 11:30 p.m. instead of 2 a.m.) and locations for open containers from the current law but does not prohibit open containers completely. Commissioner Bryan Eastman seconded the motion.

Eastman said he had originally not favored moving the time back to 11:30 p.m. but now realized “I made a mistake there, and I wish, if I could have a time machine, I’d go back and vote for that 11:30 compromise.”

Book said the hospitality district is “different and distinct” from the open container ordinance. He also pointed out that he had indicated earlier that he wanted to make a motion, and allowing Saco to make a completely different motion than the public expected–after public comment–was “a really poor practice.”

Ward responded that commission rules “very clearly say that we don’t get to reserve space for a motion.” When Willits also objected to the process in general, Ward said, “Let’s address rules at another time.”

Willits supported Saco’s motion, saying it provides “some sort of immediate tool for GPD… I think it’s a better solution right now.” 

Saco said she was willing to modify her motion and “look at it as a test run” to collect data for the first two quarters of 2024. 

The motion failed 3-4, with Eastman, Saco, and Willits in favor of the motion.

Second motion on the open container ordinance

Book made a motion to approve the ordinance that would prohibit open containers, similar to the ordinance that was in effect before COVID, and Chestnut seconded the motion. 

Ward said he needed an effective date of January 1 to support the ordinance, so Book modified the motion to make the ordinance effective on January 1, 2024. 

The motion passed 4-3, with Eastman, Saco, and Willits in dissent.

Motion to ask staff to look at changing the penalties for open container violations

Eastman followed up with a motion to ask staff to amend the ordinance before the second reading to remove criminal penalties, issue a warning before a civil citation, add more flexibility on alcohol-related events, and make the ordinance compatible with the entertainment zone that would be considered next. Willits seconded the motion. 

City Attorney Daniel Nee pointed out that changes had previously been made to defer to civil citations except in cases like Chief Scott described, and those penalties have already been tested in the courts. 

Eastman clarified that he just wanted to refer it to staff so they could consult with the police department and provide recommendations. 

The motion passed unanimously.

Entertainment district

The Commission then took up the proposal for an entertainment district with boundaries shown in the map below (a higher-resolution map can be found here):

Andrew Persons, Special Advisor to the City Manager, explained that the possession and consumption of open containers of alcohol would be permitted within the boundaries of the district between the hours of 8 a.m. and 11:30 p.m. The alcoholic beverage must be in an approved container, which would be an aluminum, plastic, or paper cup, no larger than 16 ounces, provided by an alcoholic beverage establishment and intended for taking alcoholic beverages out of that establishment. Cans, bottles, or glass containers would not be approved containers. There would be a one-drink-per-patron limit when leaving an establishment, and there would be a prohibition on entering another establishment with an open container. All establishments licensed for alcoholic beverages must provide maps with the boundaries of the district, and the City will put up signs at various points. 

Saco suggested extending the district to Midtown and adding other zones, like the Thomas Center. Both Saco and Willits wanted to be sure the district included sidewalks on both sides of the boundary streets. 

Eastman had submitted some suggestions in the agenda backup, including calling it an Arts, Culture, and Entertainment (ACE) District, and Ward supported that. Ward also supported expanding the map to include the Fourth Avenue Food Park and adding the Grove Street neighborhood “as potentially being part of a map or a separate map.”

Eastman: “A way to enhance and build and brand ourselves as really the cultural capital of Florida”

Following public comment, Eastman said the district could be “a way to enhance and build and brand ourselves as really the cultural capital of Florida.” He proposed “three kinds of distinct districts”– Downtown, South Main, and Grove Street–to create a “cultural corridor” that can be expanded in the future. 

Motion on entertainment district ordinance

Eastman made a motion to approve the draft ordinance with the following changes: set the effective date as January 1, 2024; rename it as “Arts, Culture, and Entertainment Districts”; remove the bar drink limit; remove approved containers; add a prohibition against glass containers; simplify the map; expand to Fourth Avenue; expand to Grove Street; and extend the hours to 2 a.m. Saco seconded the motion.

Book supported making the district “much smaller… and make sure that we do it well” before expanding. 

Ward encouraged people “not to get too concerned about maps” and encouraged the other commissioners to bring maps to staff before the second reading. 

The motion passed 6-1, with Book in dissent.

The ordinances will come back for second readings on October 26, which will be designated as a Special City Commission Meeting.