MORGANTOWN, W.Va. – Morgantown is looking for help from state lawmakers to get the Private Outdoor Designated Area (PODA) launched. Delegate John Williams (D- Monongalia – 80) was the lead sponsor for House Bill 2985 that allows municipalities to establish designated outdoor areas for the consumption of alcoholic beverages.
Morgantown city officials made the presentation to State Senators Mike Oliverio (R-Monongalia, 13), Mike Caputo (D-Marion, 13), Delegates Evan Hansen (D-Monongalia, 79), Anitra Hamilton (D-Monongalia, 81), and Joe Statler (R-Monongalia, 77).
A PODA district could on High Street for example, where the area would be fenced off similar to a fair or festival. Patrons in the High Street fenced off area could purchase and consume alcohol and mingle in the designated area, not just the establishment where the drink was purchased.
But, Kay Casto & Chaney attorney representing the City of Morgantown, Ryan Simonton said a key provision immediately excludes most hospitality businesses along High Street.
“It’s limited to operators that have a license to sell liquor and many of our bars and restaurants downtown either have a tavern license or a private wine restaurant license,” Simonton said. ” They don’t sell liquor so they aren’t even eligible.”
Another concern in the existing law is liability.
An alcohol violation within a PODA would expose all vendors to sanctions that could be imposed by the West Virginia Alcohol Beverage Control Administration. Simonton told lawmakers that provision is a non-starter for Morgantown area businesses.
“ABCA could come and enforce a violation against any bar or restaurant that would agree to participate,” Simonton said. “Maybe they wouldn’t do that, but that’s a real concern for people that operate bars and restaurants as their livelihood.”
Simonton believes the liability issues can be clarified and said other lawmakers are looking for a distinction between a fair and festival type of event and a PODA.
“The joint severability and liability provision is just imported from the Multi-Vendor Fair and Festival permits, so it’s what they’re familiar with I’m sure,” Simonton said. “Hopefully, there’s something that could allow Morgantown bars and restaurants to participate.”
Huntington was the first city to take advantage of the legislation. The Huntington PODA is not located in the college bar district, but rather the downtown bar district eliminating some of the issues encountered in Morgantown.
“Our downtown is our college bar district by design, we’ve forced them there,” Trumble said. “And now we have legislation in place that doesn’t allow our responsible business owners to get a liquor license.”
Senator Caputo, also member of the Senate Judiciary Committee said he would be willing to work with committee Chair Charlie Trump (R – Morgan – 15) to consider the changes during the next legislative session.
“We just need to see if there’s going to be a liquor bill this year and there usually is and we can make these tweaks in that bill,” Caputo said. ” I think we can work with senator Trump and his staff to make that happen.”