City Rejects Later Hours for Alcohol Service

Restaurants that serve beer and wine still have to close by 10 p.m., the City Council decided on Tuesday with a 3-2 vote. 

The council decided to "receive and file" a measure that would have extended to 11 p.m operating hours for establishments, which under city ordinance can serve beer and wine "by right," without applying for a permit. 

Mayor Michael DiVirgilio argued for the later hour, saying that the community is asking for dining establishments.

"I want to be encouraging those types of businesses to open," he said, adding that other restrictions within the measure would encourage the development of bona fide restaurants, not bars.

The majority disagreed, citing concern that a move to the later hour would be a first step to even later hours, and more late-night alcohol sales.

In related news, the council agreed to consider establishing entertainment permits for new businesses or existing businesses wishing to add live performances. The permits would be eligible for renewal annually. 

Currently, if a bar features live music, provisions must be included in its conditional use permit. The permit is tied to the property, not to the business renting the property, and does not expire. 

This limits the council's ability to regulate entertainment, because to revoke that privilege would revoke a conditional use permit, which is valuable to the property owner.

The proposed entertainment permit would allow the council to penalize a tenant for non-compliance without affecting the property owner. The proposal will come back to the council for a full vote at a future meeting.