Carmel committee recommends excluding gazebo concerts and Christkindlmarket from DORA; approves Winter Games exclusion

CARMEL, Ind. ' The Central DORA Committee on Aug. 26 recommended that the city exclude specified gazebo concert dates and the operational hours of Christkindlmarket from the city's Designated Outdoor Refreshment Area (DORA), and separately approved a recommendation to exclude the Winter Games event on Jan. 24, 2026.

The committee's action was a recommendation to city council; committee members said an ordinance amendment will be required for the change. A voice vote on the recommendation passed after a motion and second; the committee did not record a roll-call tally in the meeting minutes.

The committee framed the exclusions as responses to longstanding event traditions and enforcement questions tied to DORA rules. "I think we decided that there are several days that should be excluded," Kelly, a city staff member, said during the discussion about festivals and special events. Kelly told the group that some events rely on collectible or branded cups and that operators at those events may want to preserve brand recognition.

Sergei, the city attorney, outlined the legal issue for law enforcement. "DORA essentially creates an open-container law within DORA. You cannot bring outside beverages and consume them when DORA is operational," he said, explaining that excluding specific events would return those events to the pre-DORA status quo and reduce ambiguity for police officers who must decide whether to enforce DORA's beverage rules.

Police staff said enforcement discretion is a practical concern. Shane, a police representative, told the committee officers are not actively policing cups but said citizen complaints could put officers in a position to act. "If someone complains ... now that's where it gets put us put in a position of we have to do something because the citizen has made a valid complaint," Shane said.

Discussion covered several events and reasoning behind proposed exclusions:

- Gazebo concerts: Committee members discussed that concert-goers traditionally bring their own beverages and that only limited on-site beverage sales occur. The committee asked staff to specify concert hours for exclusion; Kelly read the proposed exclusion hours and dates into the record as 5 p.m. to 9 p.m. on the following 2026 Wednesdays: May 27, June 3, June 10, June 17, June 24, July 1, July 8, July 15, July 22, July 29, Aug. 5, Aug. 12, Aug. 19, Aug. 26, Sept. 2 and Sept. 9, with rain dates Sept. 16 and Sept. 23.

- Christkindlmarket: The committee recommended excluding the market during its operational hours (Kelly read a multi-day schedule for the market; the committee discussed both 2025 and 2026 dates and agreed the market's roped-off footprint makes it suitable for a festival license).

- Winter Games: The committee approved recommending exclusion of the Jan. 24, 2026 Winter Games event at Carter Green, saying limited vendor availability at that site makes a DORA exclusion appropriate.

The committee also discussed Diwali and other festivals. Kelly said Diwali has a footprint similar to Christkindlmarket and that organizers want to serve canned beer and preserve vendor branding; committee members debated whether allowing individual events to use non-DORA branded cups would undermine the uniformity of the DORA program. One committee member said permitting branding at one event could "open a can of worms" and weaken DORA's consistency.

Committee members asked staff to clarify signage rules for businesses: the group reiterated that a green sticker indicates DORA beverages are sold on-site and a blue sticker indicates beverages are welcome, and that businesses that do not want outside beverages should post explicit "No outside alcohol" signage. Kelly said the DORA FAQ on the city website is a living document and will be updated to reflect such questions from vendors.

The committee agreed the recommendation to exclude gazebo concerts and Christkindlmarket will be forwarded to city council for ordinance amendment and publication. Sergei reiterated that the change would remove ambiguity for law enforcement and revert those events to the city's prior open-container framework.

Votes at a glance: the committee approved a recommendation to city council (voice vote, counts not recorded) to:

- Exclude gazebo concerts from DORA during listed 2026 dates and hours (5 p.m. to 9 p.m.; rain dates Sept. 16 and Sept. 23) ' recommendation passed.

- Exclude Christkindlmarket during its operational hours (dates and times read into record) ' recommendation passed.

- Exclude Winter Games on Jan. 24, 2026 at Carter Green from DORA operations ' recommendation passed.

The committee did not take a formal vote to exclude Diwali or other festivals that requested branded cups; members debated those requests but did not make a recommendation for an ordinance change for those events.

The committee chair said staff will forward the recommendation and draft amendment language to the city attorney and city council for the formal ordinance process. The meeting record shows the recommendations were advisory; final legal change requires council action and publication.

Ending: Committee members asked staff to update the DORA FAQs for businesses on signage and to identify a city contact for complaints about vendors or patrons using cups inconsistent with DORA rules. Staff said administrative staff or the legal department will collect complaints and forward them for follow-up.