(A) The following regulations are intended to be in substantial compliance with IC 7.1-3-31 et seq., which may be amended from time to time.
(B) Upon the city's designation of a DORA, a person may:
(1) Exit the licensed premises of a designated permittee with not more than two open containers of an alcoholic beverage at a time; and
(2) Consume the alcoholic beverage(s) within the DORA.
(C) Council may not establish more than seven DORAs and at least one designated permittee shall be established by Council for each DORA approved by the ATC and the city.
(D) To designate a DORA, Council must adopt an ordinance that includes at least the following in each ordinance for a proposed DORA:
(1) A map of the proposed DORA in sufficient detail to identify the boundaries;
(2) The boundaries of the proposed DORA, by street addresses, including street and/or block descriptions;
(3) The locations of the proposed designated permittees and vendors within the proposed DORA;
(4) A statement confirming that the proposed DORA is consistent with the City of Fort Wayne Zoning Code;
(5) The number, spacing and type of signage designating the DORA; and
(6) The dates and hours of operation for the DORA, which may not violate IC 7.1-3-1-14.
(E) Prior to any submission by the city to the ATC, the city, by and through its Department of Community Development, shall collect the below-described application, which may include a processing fee, and shall review all applications for completion, accuracy, proper execution, and inclusion of all necessary documentation identified on the application form and/or as determined by the city based on specific circumstances of the particular application or the particular DORA. When an application form and/or packet is complete, the city shall submit the following to the ATC:
(1) The application for approval of the DORA;
(2) The completed applications received by the city from retailer permittees to participate in the DORA as designated permittees; and
(3) The designating ordinance adopted by the city under IC 7.5-3-31-8, which designating ordinance shall be reviewed by the ATC for compliance.
(F) If the designating ordinance is approved, the ATC shall issue a DORA designation to each retailer permittee whose application was submitted to the city and approved by the ATC. The ATC may approve a DORA and issue DORA designations to retailer permittees without publication of notice or investigation before the local Alcoholic Beverage Commission ("Local Commission").
(G) A vendor who is not a designated permittee may participate in an event or festival held within a DORA as long as it has complied with IC 7.1-3-31-5. A craft manufacturer may participate in an event or festival held within a DORA as provided in the craft manufacturer's scope of permit. The ATC may issue the permit and designation without publication of notice or investigation before the Local Commission.
(H) A designated permittee may allow a person to exit the licensed premises with not more than two open containers of an alcoholic beverage at a time. The contents of an open container of alcoholic beverage may not exceed the following:
(1) Beer or flavored malt beverage of not more than 16 ounces;
(2) Wine, cider, or hard seltzer of not more than 12 ounces; or
(3) A mixed drink of not more than ten ounces containing not more than two ounces of liquor.
(I) A person may consume an alcoholic beverage purchased from a designated permittee or vendor anywhere within the DORA, subject to the right of any designated permittee or business within the DORA to refuse to allow individuals to enter the licensed premises or business with an alcoholic beverage. The city may designate an "official cup", "official logo" or other means of identification for purposes of administering this chapter. Each DORA may have its own means of identification as determined by the city.
(J) A person may not consume an alcoholic beverage within a DORA that was purchased outside of the DORA.
(K) If a designated permittee in a DORA includes outdoor dining:
(1) The designated permittee may serve alcoholic beverages in open containers during the hours of operation and in the areas authorized by the retailer permit;
(2) Glass containers may be allowed in the outdoor dining areas but may not be removed from those areas into the DORA; and
(3) No fencing or other enclosure of the outdoor dining area is required.
(L) A sign must be posted at each exit of a designated permittee and on the licensed premises that informs the public of the following:
(1) Any open alcoholic beverage containers purchased within the DORA must remain within the DORA;
(2) Possessing an open container of alcoholic beverages in a motor vehicle may constitute a Class C infraction under IC 9-30-15; and
(3) The dates the DORA will be open if the DORA has date restrictions.
(M) The city maintains full authority and control over the sidewalks and common public areas regardless of an area's status within a DORA for purposes of enforcement of applicable state and local laws such as, but not limited to, public intoxication, disturbing the peace, soliciting, open containers in a moving vehicle, maintaining a common nuisance, or other forms of disruptions of the public being able to legally traverse upon sidewalks or public ways. The city may further temporarily limit the hours of operation of the DORA or temporarily limit areas where open alcoholic beverages are allowed within the DORA.
(N) Nothing herein prohibits a business or establishment from prohibiting open containers of alcoholic beverages to enter its establishment or premises nor from prohibiting food or beverages purchased from another establishment to enter its premises.
(Ord. G-28-23, passed 12-19-23) Penalty, see § 122.99