Coeur d'Alene's downtown market may add alcohol, but law enforcement has concerns

Alcohol could be offered soon at the Coeur d’Alene downtown 5th Street Farmers Market, but the city's law enforcement arm has already expressed some concerns. 

The General Services/Public Works Committee on Monday recommended the proposal be forwarded to the City Council for its consideration. 

“I think it’s worthy of taking a look at,” said Councilman Dan English.  

Under the pilot project pitched by the Downtown Association, open containers of beer and wine would be allowed at the market from 4 to 7 p.m. Wednesdays on Fifth Street between Front and Lakeside avenues.  

The trial would start as soon as the council says OK and continue through Sept. 25, with the additional Harvest Market on Oct. 19. 

According to an association report, the move would boost sales for market vendors and downtown business by attracting more visitors and encouraging longer stays. It would also “create a vibrant and enjoyable atmosphere that enhances the community experience.”  

The city’s municipal code regulates the consumption of alcohol, which is only allowed in licensed establishments, along with exemptions for permitted use of alcohol, such as in gazebos, parks, outdoor eating areas on city sidewalks, library fundraisers, wine tasting within special event permit areas and on non-motorized recreational vehicles. 

“However, the city has never allowed open containers citywide," a staff report said. 

A municipal code amendment would need to be made to allow for the exemption at the farmers market. 

The association’s report said alcohol consumption will only be allowed within clearly marked boundaries of the market using mesh fencing and the backs of vendor booths. 

Other guidelines would be: Patrons wishing to consume alcohol would need to show valid identification and will be issued wristbands; only beverages purchased from licensed 5th Street Farmers Market vendors can be consumed; and drinks must be served in designated recyclable cups. 

“This trial will provide valuable insights into the potential benefits and challenges of allowing open containers in the Downtown Coeur d'Alene corridor for special events,” the report said. “By implementing regulations and closely monitoring the trial, we aim to create a safe, enjoyable, and economically beneficial environment for all participants that could be expanded to other downtown events.” 

Municipal Services Director Renata McLeod told the committee that law enforcement had some concerns about the proposal. 

She said the police department said the request sounds “reasonable," but also said other events would likely also want an exception.  

Another concern was that the city already has a major issue with alcohol-related crimes “and this will add to the problem. PD emphasized that it does not have adequate staffing for the summer months as it is,” the staff report said. 

From July 8, 2023, through the present, Coeur d'Alene police issued 157 warnings for alcohol offenses/open containers and two for intoxication in the roadway. 

Citations and arrests were: 

49 citations for possession of alcohol under the age of 21.  

22 citations for intoxication in roadway. 

95 citations for alcohol offenses/open containers. 

34 arrests for alcohol offenses/open container. 

According to the staff report, the prosecutor’s office felt that the “trial might help alleviate the issues with alcohol-related crimes, as opposed to exacerbate them, by providing an outlet for people to congregate outside in the downtown corridor with open containers without risking citation. This may incentivize people who were considering doing it illicitly to, instead, opt for the 'legalized' option instead. However, time would tell through the experience of the pilot program.” 

The city attorney expressed concern based on anecdotal tales of what allowing open containers has done elsewhere. Communities such as Moscow and Bend, Ore., have had problems. 

“The city has always prided itself on being a family-oriented community,” the staff report said in referencing the city attorney’s concerns. “Allowing open containers in public, it could be argued, might change the city from a family-oriented community to an adult-oriented community. The City Attorney notes that minors are not allowed in bars, and this proposal would instead bring the alcohol consumption to the minors.” 

Councilwoman Christie Wood said she served on the committee that studied the proposal and hadn’t yet formed an opinion in it. 

“I understand what they are trying to accomplish,” she said. 

Councilwoman Kiki Miller said she understood law enforcement's concerns. 

“This could put an undo amount of processing on them,” she said.  

But to argue another view, Miller recounted a story of a Missoula, Mont., couple cited for open containers in downtown Coeur d’Alene. 

She said they told her they had seen people drinking in the park under a gazebo, at a wine tasting, on sidewalks outside restaurants and on a peddle bike bar. 

“How are we supposed to know what’s going on here?” Miller said, quoting what the couple told her. “There are open containers everywhere. We just thought it was like Butte, Mont.” 

Miller said done properly, allowing beer and wine at the farmers market could be a chance to educate the public on open container laws. 

“It may give us a learning opportunity,” she said.