Council refers proposed public outdoor consumption district to ordinance committee after public support and committee report

The Charles Town City Council voted on Nov. 18 to refer a proposed public outdoor designated area, commonly discussed at the meeting as “POTA,” to the ordinance committee for formal drafting and mapping.

Supporters—including businesses and residents—urged action during public comment. Wayne Clark, delegate for the 99th District, told the council the measure needs timely handling because annual licenses for establishments in the designated map expire in June: "The public outdoor designated area has an annual license requirement ... Those licenses all expire in June," he said, urging faster processing so businesses can "take advantage of the events in the spring." Levi Sellers, owner of Sustain (207 W. Washington St.), added: "And with that, I ask your support for POTA."

In a committee presentation, members outlined seven deliverables: budget impacts, safety and welfare considerations, program analytics, pros and cons, economic opportunities, proposed hours, and a district map. Committee presenter Liz summarized the budget implications, saying the JCCVB would "underwrite the first round of FOTA cups" and that signage (35 signs at roughly $560 each) could be partially subsidized by local partners; in the committee's view, the budget impact to the city is "pretty minimal." The police chief told the council that, from a law-enforcement standpoint, removing the open-container prohibition inside a defined downtown zone is legally feasible and that the department would respond to incidents as citywide priorities dictate.

The committee proposed POTA hours of Monday–Friday, 5 p.m.–10 p.m., and Saturday–Sunday, 10 a.m.–10 p.m., and suggested limiting beverages to beer and wine. A question-and-answer exchange covered signage materials, trash receptacles, railroad-crossing liability, and how West Virginia festivals and nonprofit events would be treated under the new framework.

Councilmember (S18) moved to refer the draft ordinance to the ordinance committee; the motion was seconded and passed on a voice vote with one recorded nay. The referral does not itself adopt rules; it sends the proposal to committee for codification, precise boundary mapping, and any required follow-up analysis on enforcement and insurance.