Milwaukie council weighs limited downtown open‑container pilot; staff to seek OLCC guidance

Milwaukie city officials debated whether to allow open alcoholic containers in parts of downtown, with staff asking the City Council for direction to develop a more detailed, OLCC‑reviewable proposal.

City Manager Emma Sager and Police Chief Ryan Burdick told council members the concept under consideration would be implemented through the city’s event‑permit process and would require stronger insurance and staffing conditions than the city now requires for routine events. Chief Burdick said the idea "is a great opportunity, but it does, have some challenges associated with it," citing personnel needs, alcohol monitors, traffic control and liability questions.

The proposal grew from business‑community interest in increasing foot traffic along Main Street during events such as First Friday. Downtown business representatives said the intent is to allow patrons to move between businesses rather than cluster at a single outdoor beer garden. Andy Fisher, chair of the Downtown Alliance of Milwaukee, told council, "None of the events that we're looking at or any of the closures that we would be looking at would be looking at the entire swath," and said organizers expect to propose smaller, block‑scale activations rather than an always‑on citywide zone. Mike Lesh, owner of The Beer Store, said the aim is "that you could actually go and, explore. Simply that."

Staff described two implementation approaches discussed to date: (1) continue to authorize fenced beer‑garden style areas under existing rules for specific event sites; or (2) create an open‑container activation that covers a mapped downtown loop and is enabled through special event permits. City staff said that if the council wants to pursue the mapped‑zone approach they would return with a specific map and operational details for OLCC review. Chief Burdick flagged examples where other Oregon cities encountered problems: Eugene’s larger effort was denied by OLCC because it could not be controlled like a fenced beer garden, and Hood River’s practice was described by OLCC as more limited than local officials perceived.

City staff outlined potential cost and insurance impacts. Staff compared North Clackamas Parks & Recreation District (NCPRD) standards and said an event with alcohol typically requires commercial coverage in the range of $2,000,000 per occurrence, $500,000 liquor liability, and $3,000,000 aggregate; staff estimated that suitable insurance could cost from a few hundred dollars for a single park block up into the low thousands or more for larger, multi‑block activations. Staff also said the city currently charges no fee for most event permits (except plaza closures) and that a separate fee would likely be needed to cover additional police and code‑enforcement time.

Council members and speakers raised safety and equity concerns. Several councilors asked whether the proposed map included private residences, a church with a daycare, the post office and areas near Milwaukee Bay Park; resident Mara Reynolds told the council she lives in the proposed area and urged a smaller, Main‑Street‑only pilot. Councilors also asked whether businesses within a zone would be automatically included or could opt out; staff said an individual business could refuse to allow patrons to enter with alcohol, but liability implications would depend on facts and underwriters’ terms. Staff noted the U.S. Postal Service’s stated practice that carriers will leave the vehicle to deliver if a mailbox is temporarily blocked, and said the city prohibits abandoned vehicles and would evaluate how to address trailers parked in rights‑of‑way.

The council did not adopt a policy at the meeting. Instead, members broadly directed staff to pursue follow‑up work: present a specific map and operational proposal to the OLCC, return with more detailed cost and insurance figures, and consider smaller, repeatable permit templates (for example a recurring First Friday configuration) that could reduce per‑event administrative overhead. Councilor Rebecca Savantor (during deliberations) urged that the city set objective, easily‑applied standards for permits to avoid ad hoc council approvals. "If we move forward with a process like this," she said, "make it very easy to understand and very black and white in terms of forms and approval process and leave external deliberation out of it."

Staff said they would also investigate whether trained volunteers, private security, or block captains could be part of a staffing model that reduces city labor costs, and they will return with a PowerPoint or packet once OLCC has reviewed a concrete map and operational model.

The council’s next step is for staff to consult with the OLCC and to return to the council with a narrower set of options and cost estimates for the council’s further direction.