A discussion of whether to allow downtown bars to have “sidewalk drinking” areas will be on tap for city commissioners.

Commissioners at their Tuesday evening meeting unanimously agreed to allow the Bourgeois Pig, 6 E. Ninth Street, to continue to have a sidewalk dining area even though the business doesn’t meet the requirement that 70 percent of its sales come from food.

Commissioners, though, approved the sidewalk dining license because apparently the city mistakenly granted the business a sidewalk license – even though it didn’t meet the food requirement – in the mid 1990s.

The error was discovered when new owners purchased the business in January. The new owners brought the discrepancy to the attention of the city, but asked the city to grandfather the use because allowing people to drink alcohol in the sidewalk seating area was an important part of the business’ finances.

“It is important to note the integrity and transparency of the business owners to come forward with this,” said Commissioner Rob Chestnut. “That demonstrates a level of transparency that makes me hesitant to take this permit away from them.”

But the bigger question becomes whether other businesses – primarily bars – that don’t meet the food sales requirement should be allowed to have the sidewalk seating areas.

Commissioners said they were willing to discuss it but stopped short of saying they would change the city policy prohibiting bars from having the areas.

Chestnut and Commissioner Boog Highberger both said they had strong concerns about changing the policy. But the other commissioners said they would consider it if there were proper rules put in place to regulate the areas.

“It has the potential to enhance our downtown, but it also has the potential to destroy it,” Mayor Sue Hack said. “No one wants that, but it has the potential to do that if we are not very careful about how we do it.”

Commissioners directed staff members to put together a report detailing what regulations may be needed to safely allow bars to add the sidewalk seating areas. That report should be completed by early January.