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City considers lease changes after state denies Boozy’s outdoor liquor service on public deck
Summary
State reviewers denied an outdoor liquor component for Boozy’s because the deck is public. City staff proposed lease amendments granting exclusive licensed service areas (but forbidding barricades), researching entertainment‑district options, and holding tenant meetings to craft a solution.
Davenport City staff told the Riverfront Improvement Commission that the state denied an outdoor liquor license for Boozy’s because the decking area is public and not exclusively controlled by the restaurant. The denial affects upper and lower decks where multiple businesses and the public share access.
"It's open to the public," the staff member said when explaining the state's concern and why the deck does not meet the state's exclusivity expectation for an outdoor liquor license. The state’s alternative — a BYOB policy in which patrons buy alcohol inside and carry it out — would shift dram insurance liability to the city for the common area, a result staff said the city wants to avoid.
Commissioners and staff discussed potential solutions, including amending five‑year leases to grant exclusive licensed outdoor service areas to individual tenants while explicitly prohibiting barricading the space, forming an entertainment district that could allow shared dram insurance or other arrangements, or pursuing other mechanisms to meet state licensing requirements. Staff emphasized the complexity: exclusive lease rights help meet liquor licensing rules but conflict with the city’s desire to keep the riverfront a public space.
Staff said they will meet with tenants this week to brainstorm and may return to council with lease amendments. "We're going to need to have a meeting with the tenants," the staff member said, and added that, in the meantime, tenants should continue payments and that the city will try to minimize the period Boozy’s cannot use the outdoor deck.
The commission did not take immediate formal action; staff suggested a possible special July meeting to expedite lease changes if commissioners want a faster solution. Other affected businesses named in the discussion included Front Street Brewery and Tinella's, which previously obtained liquor permits under earlier state review practices; staff said it is unclear whether renewals will face the same stricter review as new licenses.
The commission asked staff to research dram insurance implications and legal constraints and to return with options that balance tenant operations, liability, and the city’s public‑space policies.
