City of Eaton
328 N. Maple St.
P.O. Box 27
Eaton, OH
Phone: (937) 456-4125
Downtown Outdoor Refreshment Area
Introduction
Section 4301.82 of the Ohio Revised Code (ORC) authorizes municipalities under 35,000 in population to create a Designated Outdoor Refreshment Area or “DORA.” In order to consider creation of a DORA, the Executive Officer of the City of Eaton must file an application with Eaton City Council which meets certain statutory requirements. The Eaton City Manager filed the application on March 22, 2023. After legal advertisement pursuant to ORC § 4301.82, City Council held a public hearing on April 17, 2023 to discuss the application and ultimately approved it with ordinance 23-12 on May 15, 2023. The Downtown Outdoor Refreshment Area ordinance is effective June 15, 2023, and following approval by the State of Ohio Division of Liquor Control and installation of boundary and other signage, the downtown Eaton DORA will be available for patrons beginning July 1, 2023.
Summary
In summary, this application provided the following:
A. The DORA would make more accessible outdoor dining in front of liquor permit holding establishments. It would allow such establishments to serve alcoholic beverages in a plastic cup pursuant to law within a designated area during certain hours. Signage, sanitation, and safety requirements would be established by the city.
B. The Downtown Eaton DORA would provide the ability for individuals to walk within the DORA boundaries with an alcoholic beverage purchased from a liquor permit-holding establishment during permitted hours. This authority would be limited, initially to the hours of noon-11 p.m., seven days a week, year-round (January-December.)
Boundaries
In accordance with ORC § 4301.82(B)(I)(b), the boundaries of the DORA are depicted on the map to the right (click to enlarge.) The boundary is outlined in solid red lines on the map and encompasses 18.75 acres. The boundary is defined as follows: Commencing at the intersection of W. Main and Beech Streets, thence to the intersection of N. Maple and E. Main Streets; commencing at the intersection of N. Barron and Somers Street, thence to the intersection of S. Barron and Wadsworth Streets.
Rules of Operation
1. Hours of Operation
In accordance with ORC § 4301.82 (F)(l)(c), the hours of operation for the DORA will be daily, noon to 11 p.m., year-round.
2. Official DORA Cup
In accordance with ORC § 4301.82 (F)(l)(g), beer, wine, and intoxicating liquor shall only be consumed within the DORA as follows: Beer, wine, and intoxicating liquor shall only be served and consumed within the DORA in the specifically designated plastic cup approved by the City (the "Official Cup".) The Official Cup will be distinctly marked. No other container will be permitted. Used cups must be empty or disposed of before entering any establishment of a qualified permit holder.
Additional Requirements
In accordance with ORC § 4301.82 (B)(5), and in conjunction with other rules, standards and requirements set forth in this application, additional rules and requirements for the purpose of ensuring public safety and health within the DORA are as follows:
1. A person may have in the person's possession an open container of beer, wine, or intoxicating liquor at an outdoor location within the DORA if the open container of beer, wine, or intoxicating liquor was purchased from a qualified permit holder to which following applies: a. The permit holder's premise is located within the DORA; and b. The permit held by the permit holder has an outdoor refreshment area designation; and c. The open container consists of an official DORA cup.
2. No person shall do any of the following: a. Enter the premises of an establishment of a qualified permit holder within the DORA while possessing an open container of beer, wine, or intoxicating liquor acquired elsewhere, or b. Possess an open container of beer, wine, or intoxicating liquor while being in or on a motor vehicle within the DORA, unless the possession is otherwise authorized under division (D) or (E) of ORC § 4301.62