Wheeling Exploring Possibility of Open Container District
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WHEELING - Officials in the city of Wheeling are looking into the possibility of establishing a Private Outdoor Designated Area where open containers of alcohol can be carried by pedestrians walking between participating establishments.
Members of the Development Committee of Wheeling City Council are slated to meet at 4 p.m. today prior to the regular 5:30 p.m. council meeting to discuss the issue.
West Virginia code permits the establishment of such a district - designated areas where patrons can carry alcoholic beverages in specially marked containers from participating bars and restaurants to other participating establishments within the district’s boundaries. The initiative was enabled by the West Virginia Legislature through Senate Bill 534 last year, giving municipalities the ability to create these areas.
Other major cities in West Virginia have already implemented these Private Outdoor Designated Areas or PODAs.
Councilman Ty Thorngate has brought the suggestion forward for discussion before the Development Committee.
"Wheeling is poised to become a vibrant hub of activity with the potential implementation of a Private Outdoor Designated Area (PODA)," Thorngate said. "Thanks to SB 534, our city can now explore this exciting concept that has proven successful in other West Virginia communities such as Charleston, Huntington, Morgantown and Parkersburg."
Thorngate said participating establishments could see a boost from the establishment of such a district.
"Our downtown businesses, which have faced countless challenges due to COVID-19 and ongoing Streetscape project, could benefit significantly from a PODA," he said. "This initiative would create a lively downtown atmosphere, encouraging both residents and visitors to explore local businesses on foot while enjoying their preferred beverages. By permitting outdoor alcohol consumption within a designated area, we can boost economic growth and elevate Wheeling’s appeal as a dynamic and welcoming place to live, work and visit."
According to a draft ordinance amending and reenacting a section of the city code pertaining to "Streets, Utilities and Public Service," the proposed PODA area would encompass much of Wheeling’s downtown as well as the area around Centre Market. Proposed hours for the district would be from 4-10 p.m. Monday through Friday and 10 a.m. to 10 p.m. on Saturday and Sunday, with the possibility of expanding the operating hours at the discretion of the city manager.
Participating establishments must agree to use designated cups or other indicators such as wristbands to identify permitted PODA patrons.
This year, the West Virginia Legislation enacted House Bill 5295, which makes amendments to the PODA rules and includes the removal of a requirement of participating bars and restaurants to enter into a joint liability agreement.
"Changes made to the original PODA legislation regarding joint liability were removed two sessions ago that made PODAs - or DORAs (Designated Outdoor Refreshment Areas) - more attractive to participating businesses," Wheeling City Manager Robert Herron said.
City leaders have a full slate of business this evening. In addition to the Development Committee’s discussion regarding the PODA, the Rules Committee of Council is set to discuss a proposed amendment to the codified ordinances regarding pedestrians and vehicle safety which would in essence prohibit panhandling in the city. The Rules Committee is slated to meet at 4:30 p.m.
At 5:15 p.m., the Finance Committee of Council is slated to meet to review the city’s July financial statement.
The regular bimonthly council meeting is slated to begin at 5:30 p.m. with several new pieces of legislation scheduled to be introduced. A number of resolutions for Facade Improvement Program grants are on tonight’s agenda, as are ordinances related to water and wastewater projects.