Beer gardens at Branson Landing? City wants legislators to OK festival drinking law

Rick Huffman, Branson Landing developer, speaks to the Branson board of aldermen on Nov. 27, 2018, regarding a resolution asking the state legislature to pass a law allowing for a new type of outdoor alcohol sales permit for entertainment districts in Branson.

BRANSON — Branson will soon ask Missouri state lawmakers to consider a bill making it easier to sell alcohol at Branson Landing outdoor events.

Members of Branson's board of aldermen voted 4-2 Tuesday night to ask state legislators to allow Branson entertainment districts — defined in the approved resolution as part of the city’s central business district, downtown core or other area designated for redevelopment — to get a special festival license to sell alcohol outdoors.

Branson Finance Director Jamie Rouch said Branson would seek to pre-file a bill before the start of the legislative session in January.

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Branson Landing is the only place in town that would currently meet the definition of "entertainment district" in the city resolution, Branson Mayor Karen Best told the News-Leader Tuesday afternoon.

She noted that outdoor alcohol is currently allowed for special events under state law. Organizations can apply for temporary "picnic permits."

At Branson Landing, picnic licenses have recently been issued for Fourth of July celebrations and a Blues, Brews & Barbeque festival held Sept. 23, city officials said during a study session Nov. 16.

Best, who supported the resolution calling for a festival drinking permit for Branson Landing, noted that other Branson groups have secured picnic licenses under existing law, including at least one local church.

"These are things that are already going on in our community," Best said Tuesday afternoon. "It's not something new; it's just having better local control on the events that are going on."

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If Branson gets the legislature to pass the law it wants, the result would be a streamlined process for obtaining an annually renewable festival drinking permit for Branson Landing. Branson city government could pass additional ordinances to closely regulate festivals featuring outdoor bar service.

"This allows us to closely monitor and do what works in our community," Best said.

Branson Landing's Liberty Light Up celebration is shown in this publicity photo. It took place in July 2018. Branson Landing would be able to have more outdoor alcohol sales if a state law is passed in the next legislative session. Branson's board of aldermen passed a resolution in favor of such a law on Nov. 27, 2018.

For example, the city could dictate the time of day or night that a festival could serve alcohol. Best said she opposes long festival days, for example, ones beginning at noon or earlier and ending at midnight.

The city would also be able to mandate which outdoor "common areas" inside an entertainment district would be acceptable for alcohol sales. It would also allow the city to require security measures such as staffing, specific entrance and exit points for drinkers and wristbands to distinguish customers of legal drinking age from minors. The city could require liquor by the drink to be served in cups with clearly identifiable logos.

A variety of individuals and groups have asked for the change, city officials said.

“This is one of the topics I’ve probably heard more about than anything," said City Administrator Stan Dobbins during a Nov. 16 board study session. "That 'It’s great, but I’d like someplace to go with my wife in the evening and sit down and enjoy the fresh air and have a beer.’"

Mayor Best said the Branson Convention Center supports the measure, as does Branson's convention and visitors bureau (which is closely tied to Branson's chamber of commerce, such that the two entities share a CEO, former Springfield City Council member Jeff Seifried). The reason? Event planners looking at Branson want to be able to sell drinks outdoors.

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Best has also heard from opponents. Best said many people in the community who are "adamantly against it" were "not understanding the current process and how the new process coming in can make it even more locally controlled to reflect the wishes of the local community."

Several local residents spoke on both sides of the issue at the board of aldermen meeting Tuesday night.

Chuck Pennel, Taney County assessor, likened the possible effect on Branson's reputation to the NFL "take the knee" controversy.

"We have enough places for folks who do want to drink alcoholic beverages without having it on the side of our convention center," Pennel said.

Alan Camp, owner of Branson Scenic Railway, which is adjacent to Branson Landing, asked aldermen to vote against the resolution.

"As a neighbor, we already have problems with alcohol encroaching on our property," he said. Camp said he has to hire security on Friday and Saturday nights to "keep people from hurting themselves" on his fenced-in railroad property.

"Needless to say, let's just cut it off right now," Camp said.

What about Branson Landing, the mixed-use development where the festivals would take place?

Rick Huffman, Branson Landing owner, told the aldermen that he thinks the resolution would allow for more family-oriented events that would be in keeping with activities like major league sports in Kansas City and St. Louis or festivals at a Disney park.

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"We're not looking for this to happen every night of the week," he said.

A Branson Landing spokesperson provided the News-Leader with a statement earlier in the week.

"As we continue to add more restaurants and entertainment establishments to Branson Landing for our customers," Nikki Kinney-Sivils wrote, "we support the Special Liquor Laws for Entertainment Districts. We encourage growth and have no doubt that this law would also boost the local economy."

Sivils did not respond when the News-Leader asked if Branson Landing officials had started discussions with the city regarding the proposal.

Big Whiskey's, a Springfield-based bar and restaurant operation, has a location in the Hilton Promenade complex inside Branson Landing.

A spokeswoman for that company said Big Whiskey's supports the proposal, though it has not directly lobbied Branson officials for it.

"We would certainly be supportive of it in a similar fashion to what's developed in Springfield over last seven to eight years," said Laura Head Elliot.

When Park Central Square hosts a picnic-permitted festival like Oktoberfest, "those have really turned into some of our busiest days of the year for our downtown (Springfield) location," Elliot said.

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A similar effect could be possible in Branson, she said, because community programming and festivals are generally good for surrounding businesses. Elliot said bad weather is a bigger concern for her company than the prospect of disorderly attendees. Typically, people behave responsibly, she said.

Elliott said the Branson Landing Big Whiskey's — located on the development's main square, which has dramatic views of Lake Taneycomo — is already a popular destination for festival-goers, especially during Fourth of July festivities.

The outdoor patio is booked solid a month in advance by people who want a good view of Independence Day fireworks.

"It’s that much more awesome for us when we have a location that gets to be in the mix in those types of events," she said.

Under current law, the only other place in Missouri with a state-legislated festival drinking arrangement is the Kansas City Power & Light District, an $850 million development in downtown Kansas City near the Sprint Center. It is one of many such developments across the country that are owned by the Cordish Companies, based in Baltimore, Maryland.

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A city of Branson registered lobbyist, Brian Bernskoetter, told Branson's board of aldermen Nov. 16 that the law Branson will push for is modeled on Missouri legislation passed in 2005 that allowed for festival licenses at the KCP&L District.

"They’ve really had no issues with it," Bernskoetter told the aldermen during a study session at which no vote was taken.

There are few news accounts of alcohol-related issues at the KCP&L District. But not long after KCP&L began operating, other Kansas City-area mixed-use developments like Westport and Waldo wanted to seek similar festival licenses from state lawmakers, the Kansas City Business Journal reported in April 2008.

In that year, Cordish threatened to sue Kansas City if it kept lobbying legislators to pass a law to broaden festival drinking.

Mayor Best said she did not anticipate that type of controversy in Branson. As the proposal is currently drafted, she said just two possible future projects might also meet the definition of "entertainment district" along with Branson Landing.

She said the city had reached out to the Missouri legislators representing Branson — Rep. Jeff Justus and Sen. David Sater, both Republicans — so that "their offices were involved from the very beginning."

The News-Leader was unable to reach Justus and Sater on Tuesday for comment. Sater's chief of staff said the senator was recovering from a medical procedure.

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