Committee recommends open-container ordinance for entertainment events despite insurance concerns

The Kenosha Licensing & Permits Committee on Feb. 10 voted to recommend an ordinance, proposed by the mayor’s office, to amend the city code for open-container allowances at certain entertainment events. Committee members approved a positive recommendation while acknowledging unresolved questions about required insurance and saying the ordinance is sunsetting at the end of March as a pilot.

Proponents said the change would allow controlled open-container areas for specified events — notably the forthcoming St. Patrick’s Day activities downtown — with conditions written into the ordinance. Janet Kelly and Kevin Irvin, representatives of a downtown organization, told the committee the event organizers had been working with city staff and the BID to draft language that would permit open containers under specified rules.

Janet Kelly said the organizers were told earlier that insurance for the open-container authorization would cost about $2,000, but that they had been quoted a $10,000 premium shortly before the meeting: "We were told it would only be $2,000, and then it's now $10,000. So for 2 hours, you know, for the open container, that's a lot of money." Kelly asked whether the insurance requirement could be revisited.

The mayor told the committee the ordinance was intended to balance public enjoyment and legal compliance: "Let's figure out a way to make it so that everybody can enjoy themselves and be legal. That's what this ordinance... attempts to do," he said, adding that the ordinance was written with a limited sunset to allow a trial period and that city staff, including Police Chief Patton, had reviewed the draft.

Committee members debated whether to delay action to resolve insurance details or to recommend the ordinance now and allow later amendments. One member moved to approve "pending that they get insurance." Committee members were told the draft ordinance already includes an insurance requirement in its application section; a committee member noted that conditioning approval on insurance would be duplicative of the written requirement. The committee ultimately voted to provide a positive recommendation, with the chair voting aye; members said the ordinance could be amended later if changes were needed before final council action.

Key points discussed at the meeting included: - Insurance: Organizers reported a last-minute increase in the quoted cost of insurance; the ordinance contains application-level insurance requirements, and committee members instructed organizers and city staff to resolve specifics before final council consideration. - Sunset clause: The mayor said the ordinance is written to expire at the end of March to allow a limited trial and provide flexibility to modify or discontinue the policy if problems arise. - Sponsorship and responsibility: Organizers said the parade is city-sponsored while some related open-container activities would be run by private organizers; committee members sought clarity about which entity would hold primary liability.

The committee’s positive recommendation advances the ordinance to the full council; committee members and event organizers said they would continue to work with the mayor’s office, the city attorney and insurance brokers to clarify coverage terms and costs before final adoption.