By Keri Luiz
Assistant Editor

The Downtown Benicia Alliance approved a request Monday that would ally them with the Benicia Art Walk Committee in obtaining special day licenses from the California Department of Alcoholic Beverage Control.

Art Walk committee member Pat Ryll asked the DBA last month to serve as a nonprofit umbrella in helping businesses serve wine at a reception or an Art Walk event and still be in compliance with the ABC.

The motion was tabled until Monday, when it passed, 6-1, with only Christine Meade of Capitol Café, 104 West G St., dissenting.

DBA Chair Leah Shelhorn recommended the DBA begin its partnership with the Art Walk for the 2014 season, which will begin April 2014. Tom Hamilton reasserted his support for the move.

“It is not in conflict (with alcohol-serving businesses),” the Rellik co-owner said. “If anything it brings more people downtown, and it enriches and improves the downtown business district.”

Economic Development Manager Mario Giuliani clarified the scope of the decision. “For all intents and purposes, this is insurance,” he said. “If you are a business and you participate in Art Walk, and you want to serve (wine), you would be liable to ABC if you did not have a license.”

Giuliani explained that because the Art Walk is a coordinated event that involves multiple businesses, alcohol is viewed as cumulative. “And it is required by the city because it is a city-sponsored event,” he said.

He pointed out that because the city provides the advertising, banners and support of the Art Walk, participants must sign an agreement saying they will not serve alcohol without an ABC license. “Because we want to protect the businesses, and we certainly want to protect the city,” he said.

Giuliani reiterated that the DBA was approached to provide the nonprofit status because they are the entity that supports downtown merchants. “It is not a fundraiser for the DBA — the costs associated with participating with the ABC license are passed directly to the participating businesses.

“That $25 is your insurance policy. It makes sure the ABC isn’t going to fine you thousands of dollars for illegally serving alcohol.”

Meade still had concerns on insurance coverage. “Is there a way we can get our insurance agent to put in writing that this is covered?” she asked. “It’s also a can of worms. What’s going to stop the entertainment groups or anything like that saying ‘Hey, we’re part of the DBA, sponsor us as a nonprofit’?”

“The Art Walk people are totally different,” Shelhorn said. “You’re standing around, you’re looking at art, you’re having a glass of wine. It’s not, ‘I’m going to take ten sips of this then I’m going to take something else. That is not what an art reception is.”

Giuliani said the DBA has sufficient insurance and general liability to cover the Art Walk — but added that the move “is not without risk. Certainly bad things happen, and we live in a litigious society.

“I can assure you if some tragic event were to happen, everybody and their brother is going to get named in the suit … the property owner that provided the alcohol is going to be sued, the city of Benicia is going to be sued, the DBA is going to be sued. That’s the reality of the world we are living in.”

The DBA’s next meeting will be Oct. 14 at 9 a.m. at the Rellik Tavern, 726 First St.

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