Elkhart council approves downtown DORA ordinance, setting hours and vendor rules amid legal questions

The Elkhart Common Council on Feb. 2 approved an ordinance establishing a designated outdoor refreshment area, or DORA, in the city’s downtown central business district, allowing participating vendors to sell alcoholic beverages in approved unbreakable DORA cups and permitting patrons to carry those drinks within the mapped boundaries during set hours.

Talia Mora, economic development specialist, told the council the proposed DORA is designed to “enhance the downtown experience in a responsible and well‑regulated way,” and described the proposed hours as noon–10 p.m. Sunday through Thursday and noon–11 p.m. Friday and Saturday. Mora said about 16 downtown businesses have expressed interest in participating and that vendor applications will be reviewed first by the Board of Public Works and then by the Indiana Alcohol and Tobacco Commission for final approval.

Council members pressed staff and the city’s legal advisor on practical and legal issues. Corporation Counsel John Asper said Indiana does not have a statewide open‑container statute, and that it is unclear how the DORA language would be treated under state excise rules. “What the DORA accomplishes is an exception to the state rule that alcoholic beverages purchased within an eating and drinking establishment may not be removed from that location,” Asper said, and noted the city has asked the state for a formal opinion and has not yet received a definitive response.

Some council members asked whether the ordinance could be amended to bar non‑DORA containers from being brought into the district, and whether the city must create a local open‑container ordinance to make such a restriction enforceable. Mora and legal staff said the statute’s interaction with a local ordinance is ambiguous and recommended researching that issue before adding language that could be unenforceable.

Public comment during the hearing was mixed. Aaron West, owner of Westwind Brewery Company, said he supports DORA as a way to draw younger visitors and increase sales for downtown businesses. “This is another opportunity for us to generate sales into the local economy and ultimately help Elkhart as a whole,” West said. By contrast, resident Howard Turner said he does not oppose adults drinking but is concerned about the ordinance creating a less free environment for residents who live inside the proposed boundary.

Council members also discussed practical implementation questions such as signage, trash containers and who will pay for cups and stickers. Mora said the city is discussing sponsorships with nonprofit partners and that departments including police and buildings and grounds have been consulted to fold DORA duties into routine operations where possible.

The ordinance was advanced in a roll‑call procedure recorded by the clerk and moved to final reading; the council recorded a roll call on final consideration as part of the meeting record. Next steps outlined by staff include finalizing the vendor application materials, submitting the package to the Indiana Alcohol and Tobacco Commission for approval, producing official DORA signage and cup/sticker designs, and coordinating enforcement and vendor education. Should the state provide a contrary interpretation, staff said the council could amend the ordinance later.

The council’s action allows participating businesses to apply to take part in the program; the DORA’s legal effect beyond that — particularly regarding outside containers and local enforcement — remains contingent on the state’s guidance and any subsequent council amendments.