Zelienople mulls ban on alcohol in open containers
Zelienople Borough Council proposed an open-container ban Monday, sparking a contentious debate when business owners objected to the language of the proposal.
The ordinance, which will be formally considered at the council's March 8 meeting, would prohibit the carrying of open containers of alcohol on borough property except in limited circumstances.
“The borough has a liability when they put the sale of alcohol on a public property,” Zelienople Police Chief Jim Miller said.
Although similar bans are commonplace among Butler County municipalities, Zelienople does not have such a prohibition, and the only state law regarding open containers pertains to alcohol in vehicles.
Because of COVID-19, area businesses utilized the borough's lack of such a ban last summer, when various events and restaurant dining areas moved outdoors, where alcohol was allowed to be in open containers.
Matthew Edwards, Zelienople Area Business Association president, said he believed this proposed ban would have a harmful impact on retailers in the borough.“I don't believe that a sweeping ordinance like this is necessary,” Edwards said. “I do believe that it's going to affect the businesses on Main Street. I do believe it's going to affect their foot traffic in a time when they're already suffering.”Edwards argued the ordinance is “an overreaction” to some issues that occurred in 2020, given some outdoor events involving alcohol were planned with little forewarning because of the pandemic.Miller countered Edwards' point, saying the ordinance does not prohibit the consumption of alcohol in private businesses such as retailers.“They can still carry their beer into that place and drink it, as long as it's covered outside,” he said. “Drinking (while) walking down the street, that's the only restriction there (would be). You walk into the business, you have a covered cup, you open it up.”Miller further noted the ordinance does not address outdoor events in which alcohol is involved.A separate proposed amendment, which also will be considered at the March 8 meeting, would do that. Edwards agreed a formal policy or a permitting process by the borough for alcohol at public gatherings would be a good idea, but still contested the wisdom of the open-container ban.Edwards said the events conducted in Zelienople last year, and the general freedom of alcohol in dining areas on public property, brought the borough and its businesses a sizeable amount of media coverage. It's one of Zelienople's unique charms, he argued, and while it can be fixed, it doesn't have to be removed.“The biergarten offered people a safe place during a global pandemic to go outside, while other communities didn't have the same opportunity,” Edwards said.Edwards said he was upset by the lack of involvement of the business association in the amendment-drafting process. But council President Allen Bayer said the consideration of this amendment up to and including the next meeting allows the business association and all other residents to provide input in the process.Zachary Shumaker, owner of ShuBrew, said the open-air events involving alcohol last year gave Zelienople residents the opportunity to be safe and engage with their neighbors.“We're trying to build community, and that's something we lost this year, by not being able to have people in our place,” he said.Miller contended the ordinance should be seen not as an open-container ban, but as a way of limiting the borough's legal exposure.“The ordinance is not open-container,” he said. “Open-container is one issue. The issue is borough liability, the ability to control alcohol on borough property.”
