Planning Magazine

Can New Open-Carry Alcohol Laws Give Downtowns a Buzz Again?

Hoping to draw more people to the heart of the city, visitors can now shop, sip, and stroll.

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Raleigh’s Sip n’ Stroll Downtown is a special social district that North Carolina legislators created to allow open containers of alcohol within strict boundaries. States are increasingly allowing cities to create these districts in hopes of boosting — or reviving — downtown businesses. Photo courtesy of Visit Raleigh.

Holly Smith Mount wanted to be first.

Smith Mount, chair of the city council in Huntington, West Virginia, was determined to see her community launch the state's initial outdoor drinking zone — an idea made possible only after the legislature changed the state's alcohol law earlier this year.

"I will fully admit I'm very competitive," she says. "And I told the mayor, 'I want to be first on this one.'"

So, when Huntington's downtown drinking district launched this fall, Smith Mount aimed to be at the front of the line to grab a beer from a local taphouse. The new program sanctions open containers of alcohol within designated boundaries officially known as a Private Outdoor Designated Area, or PODA.

"I walked down the street and I felt so naughty," she says. "I went into one of my favorite shops and I was like, 'Look, I've got a beer!'"

Huntington leaders saw the district as a way to encourage economic growth by drawing more people to the heart of the city. The hope is that by allowing people to grab a drink and linger, they'll spend more time and money downtown. Steps away from the banks of the Ohio River, the zone's few square blocks include local restaurants, bars, and shops.

"To me this was just a cherry on top of our already thriving downtown," Smith Mount says. "It's a way to kind of get people outside, get people socializing, and ramp up the economy even more."

In recent years, several states have relaxed alcohol consumption laws to allow communities to create their own limited drinking zones. They aim to revitalize downtown cores hollowed out by the changing nature of retail and the post-pandemic loss of office workers.

North Carolina cities have been creating outdoor "social zones" since Democratic Governor Roy Cooper signed a new law in 2021. Dozens of Ohio communities big and small have created Designated Outdoor Refreshment Areas, which the legislature sanctioned in 2015 to allow people to walk around freely with a beer, wine, or cocktail. Communities in Kansas and Indiana are exploring or creating new areas after legislatures in both states changed their laws earlier this year.

Aside from bringing foot traffic to shops and restaurants, officials say the success of the new districts reveals the need to update antiquated liquor laws that long banned public consumption in most places to try to reduce public intoxication and drunken driving. While some critics have raised concerns about the new districts' potential to promote drinking, crime, or littering, organizers across the country say they have largely been adopted without incident.

Signs mark the boundaries of a designated downtown open-carry alcohol area in Huntington, West Virginia. Photo courtesy of City of Huntington.

Signs mark the boundaries of a designated downtown open-carry alcohol area in Huntington, West Virginia. Photo courtesy of City of Huntington.

Only designated cups from licensed bars and restaurants are allowed in the Private Outdoor Designated Area. Photo courtesy of Downtown Huntington.

Only designated cups from licensed bars and restaurants are allowed in the Private Outdoor Designated Area. Photo courtesy of Downtown Huntington.

In West Virginia's second-largest city, officials said the drinking district faced little public opposition.

Huntington, a city of about 47,000, is home to Marshall University. On football game days, the area around campus is already "basically open container," Smith Mount says.

The district is open on Thursdays, Fridays, and Saturdays from April to October. But Smith Mount notes the effort was already so successful that city leaders are looking at expanding the season.

The Private Outdoor Designated Area isn't a free-for-all. Only licensed bars and restaurants can sell drinks, which must be served in clearly marked cups — no red Solo cups allowed. Drinks must be consumed within the district's boundaries. And store owners can choose to opt in or out.

So far, the city hasn't heard of any problems with the program, officials have said.

'This is just the start'

In the northern stretches of Topeka, Kansas, Redbud Park is home to sculpture gardens and bright murals. Once a month, the park turns into a concert venue for the area's First Friday art walks.

But those performances so far have been alcohol-free, says Thomas Underwood, executive director of the Northern Topeka (NOTO) Arts & Entertainment District.

The First Friday events bring valuable foot traffic to the state capital's arts district. But Underwood says businesses don't want to see streets closed off — which could dissuade customers from attending, not to mention the complications of renting barricades and acquiring city permits.

Topeka, Kansas, may soon join other cities in allowing open-carry of alcohol in designated consumption areas for events like the First Friday Art Walks at Redbud Park. The city council unanimously approved these for the NOTO Arts & Entertainment District and other downtown areas in December 2023. Photo courtesy of the NOTO Arts & Entertainment District.

Topeka, Kansas, may soon join other cities in allowing open-carry of alcohol in designated consumption areas for events like the First Friday Art Walks at Redbud Park. The city council unanimously approved these for the NOTO Arts & Entertainment District and other downtown areas in December 2023. Photo courtesy of the NOTO Arts & Entertainment District.

This year, the legislature allowed communities to apply for Common Consumption Area permits that don't require street closures. The Kansas Department of Revenue reports the state has licensed 32 common consumption areas, in a mix of tiny towns, larger cities, and booming suburbs.

Kansas Republican state representative Tory Blew was among those who supported the change in state law. She sits on the board of Great Bend Alive, a nonprofit that hosts a monthly Friday evening event in downtown Great Bend, a city of about 15,000 in the middle of the state.

Called Fridays on Forest, the event has been held on a side street as Great Bend's Main Street happens to be a state highway — making street closures there prohibitively difficult. So, organizers have closed down Forest Street to bring in food trucks, games, and alcohol.

Great Bend is currently exploring ways to expand the seasonal event now that the state law has changed. In her community, the consumption area is part of a wider effort to rejuvenate downtown. Younger people are moving back or into town, bringing new coffee shops and a brewery.

"We've got a great start with what we've done so far with the common consumption district," Blew says. "I think this is just the start of the momentum."

Kevin Hardy is a staff writer for Stateline. This story was reprinted with permission from States Newsroom, a national nonprofit news organization focused on state policy.

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