Photo by Joanne Beck
Hoping to boost pedestrian presence, spending, and a more lively downtown Batavia environment, members of the Business Improvement District have proposed expanding the city’s open container law from Jackson Square to the entire BID territory.
This would allow folks to drink alcoholic beverages from noon to 10 p.m. daily within the district, except for properties west of Court Street (Genesee County office buildings and Austin Park), in containers other than glass.
BID Executive Director Shannon Maute presented the idea to City Council at a prior conference meeting in April, and the group set a public hearing for 7 p.m. Tuesday at City Hall to allow others the opportunity for input about the idea.
“So the talking points tonight would be the open container would drive economic growth, increase foot traffic, more sales for bars, restaurants and shops, encourages patrons to explore and spend more time downtown, fosters a welcoming downtown culture,” Maute said at City Hall. “Open container districts create a fun festival-like atmosphere, supporting a sense of community and vibrancy, supports events and place making, makes it easier to host public events, live music, outdoor markets, while boosting attendance, attracts visitors and retains talent, adds to the downtown's appeal for young professionals, tourists and new businesses.
“The, probably my favorite part of it, safe managed consumption, control boundaries and rules, promote responsible public drinking,” she said. “Making it safer and easier to monitor than impromptu consumption.”
One example she gave on that end was during an event such as the wine walk. If a group is moving along, and someone is still finishing a drink, this revised law would allow that person to take the drink along rather than feeling rushed to gulp it down so as not to step out onto the sidewalk with it.
City Manager Rachael Tabelski interjected that the BID board has been discussing the idea for “the better half of the last year.”
“They came to City Council asking for special permission to have open container in Jackson Square back in the spring of 2023, and as well as having council approve open containers for certain events that the BID was hosting, and I don't want to speak for the police chief, but I have gotten reports that there had not been any issues during these times or events,” Tabelski said. “So after the board did their research and worked with Shannon, it brought them to the point tonight where they'd like to ask City Council to review the proposal for open container in the entire district.”
Maute agreed that police officers that she had spoken with “had no concerns, and they think it is a positive thing for Batavia.” BID’s board voted to move forward with it, and “all the downtown businesses would like to have in the downtown,” she said, answering how she knows that by adding that “we sent this out to everybody, and I have not had one person come back with anything negative. Everyone was for it.”
“So this doesn’t give anyone the right to do stupid things. All this is doing is letting you walk around socially with a drink. This shouldn’t attract any people who are going to be falling down drunk or causing problems because it hasn’t so far at any of the walks, and it hasn’t in the square, so the same laws would apply,” she said. “There’s still no drinking and driving. There’s still no you cannot be drunk in public. All we are saying is there’s nothing wrong with someone buying a drink, being responsible and saying, ‘hey, let’s go shopping, let’s go to the next place.’ And like we said, what it’s going to do is going to slow down your drinking instead of you rushing to drink.”
As for how this might affect garbage, per a council member's question, public works would empty trash containers per usual, and BID and city officials hoped that visitors would be respectful to properly dispose of their litter, Tabelski and Maute said.
Maute suggested that downtown restaurants and bars have some type of plastic cup with a BID logo for people to use, however, Police Chief Shawn Heubusch said the department is stretched too thin as it is and he thought that may be too difficult to be monitored by the police on a daily basis. Everyone agreed that glass would be prohibited.
If approved by council, this would become adopted under local law number 5 to amend Section 37 Alcoholic Beverages of the Batavia Municipal Code.
