City debates approving a law to liberalize downtown’s alcohol policy

New law would allow bars to sell more alcohol and less food

If downtown business owners get their way, students may be allowed to take their beers outside their favorite bars on Massachusetts Street.

City staff members are looking into revising an ordinance that prohibits downtown drinking establishments from serving alcohol outside without a sidewalk dining license.

Under an ordinance, which was enacted in 1993, in order for an establishment to be eligible for a sidewalk dining license, it must show that at least 70 percent of its sales come from food or non-alcoholic beverages.

Many downtown business owners, including Peach Model, owner of The Sandbar, said the 70 percent food sales requirement is next to impossible for most downtown drinking establishments to meet.

“The size of our restaurant makes it hard to comply with the food sales requirement,” Model said at last week’s city commission meeting. “We have a really great design in mind for a front patio, but we can’t meet the requirements for it to be legal.”

City staff members are analyzing a number of possibilities, including lowering the food sales requirement, exempting existing businesses from the requirement or simply eliminating the requirement.

pullquote

We have to cap off the number of people who come into the bar at a number much lower than our occupancy or else we’ll risk making too much money from alcohol.

-Brent Piepergerdes, owner of Henry’s on Eighth Street

Most commissioners at last Tuesday’s city commission meeting seemed to favor dropping the food sales requirement to 55 percent.

A 55 percent food sales requirement is already what downtown businesses need in order to serve any alcohol, unless the establishment existed before the ordinance was passed in 1994.

As city commissioner Mike Amyx said at last Tuesday’s meeting, most drinking establishments were having trouble meeting that requirement as well.

In other words, lowering the food sales requirement to 55 percent does little or nothing to help downtown bar owners who want outside dining.

In fact, many downtown business owners such as Brent Piepergerdes, owner of Henry’s on Eighth Street, said they wanted big revisions to that ordinance as well.

Requiring a business to make sure 55 percent of its sales come from food puts an artificial cap on the amount a business is allowed to collect all together, said Piepergerdes.

“We have to cap off the number of people who come into the bar at a number much lower than our occupancy or else we’ll risk making too much money from alcohol,” he said. “Someone who’s likely to buy two or three beers upstairs is unlikely to buy two or three mochas downstairs to offset the income from the beers.”

According to city manager David Corliss, the commission enacted the ordinance because it was afraid more bars would open than what was best for the city.

Piepergerdes said he thought the best action would be to allow a one-time exemption of every business on Massachusetts street from the ordinance— a strategy that was used when city commissioners first enacted the ordinance in 1994.

City planners are reviewing the two ordinances and looking at any possible revisions—a process that city communications manager Lisa Patterson said could take several weeks.

—Edited by Nick Mangiaracina

 

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