Tough call

Drawing the line on downtown drinking establishments may be necessary, but it won’t be easy.

Like others before them, current members of the Lawrence City Commission may find it difficult to draw the line on drinking establishments in downtown Lawrence.

It’s a worthy goal and one that probably is important to the future of downtown, but, as other commissions have learned, it’s hard to hit the right balance.

The tool that previous city commissioners have used — with mixed success — is to require many downtown establishments to do at least 55 percent of their business in food sales. The intent of that requirement is to allow restaurants to serve alcohol but to halt any expansion of bars whose primary business is selling liquor.

Some loopholes exist. Such a loophole recently was used to briefly operate the Paradise Cafe as a bar. Because it held a liquor license when the food requirement was instituted in 1994, Paradise was among the establishments that were “grandfathered” in as an exception to the law. There was nothing in the clause that required businesses already doing at least 55 percent of their business in food to maintain that status. So, much to the current City Commission’s chagrin, the operator of Paradise was able to convert the restaurant into a bar.

The food requirement is an artificial standard. Whether or not an establishment meets the 55 percent food requirement is less important than how that business affects downtown. For most people, the concern about bars has little to do with how much food they sell and everything to do with the clientele they attract. The concern is that bar patrons are more likely than restaurant patrons to contribute to problems such as unruly behavior, public drunkenness and littering, all of which make downtown Lawrence a less attractive destination for many people.

Enforcing the 55 percent food standard is one way to limit bars, but it probably doesn’t fully address the problems that existing bars may cause. At their Tuesday meeting, city commissioners expressed an interest in the system used in Pittsburg. Restaurants there are required to do 70 percent of their business in food, and Pittsburg police officers have been trained to audit sales receipts as part of enforcing the law.

Lawrence Police Chief Ron Olin says his officers could be used to enforce the food requirement here. That would control the food issue, but does it address issues related to bars that have been grandfathered in? If the real goal is to preserve the pleasant atmosphere in downtown Lawrence, wouldn’t the police time be better used dealing with crowds and unruly behavior?

Because this is a difficult issue, it would be tempting for city commissioners to become frustrated and consider action that is unfair to downtown businesses. Because it barely met the 55 percent food requirement, the BrewHawk, 733 Mass., received only a probationary, three-month license from city commissioners Tuesday night. Commissioner Boog Highberger also chastised the owner by saying “the name of your establishment suggests your highest priority isn’t selling food.”

Well, the name of the establishment has nothing to do with this discussion. Based on that logic, the Free State Brewing Co. would deserve special city attention although it seems doubtful the popular restaurant has any trouble meeting the 55 percent food requirement. If the BrewHawk does 55.1 percent of its business in food, it meets the city requirement, period.

The frustration of the commissioner, however, is understandable. Anyone who has been downtown after 10 p.m. on a weekend knows that the atmosphere is very different than downtown in the daytime or early evening. The crowds make some people uncomfortable or even fearful. It’s not the kind of ambiance Lawrence wants.

This problem probably will not go away, and commissioners deserve credit for trying to deal with it. It’s not a food issue as much as a behavior issue. Perhaps the best approach would be to pair the food requirement with more strenuous efforts to control the behavior of unruly crowds and individuals who frequent downtown.