Saturday, November 21, 2009

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Annapolis 'Bar Wars' continue

New panel formed to weigh problems of moving last call to 2 a.m.

By JOSHUA STEWART, Staff Writer

Published 11/08/09

In the latest battle in a frustrating, decade-long war over when bars close in Annapolis, the city Planning Commission has called for the creation of a panel to address issues that stand in the way of moving last call to 2 a.m.

The commission Thursday night urged bar owners, downtown residents and city staff to meet informally to address issues that would allow bars that now must close at midnight to stay open two hours later.

Problems include:

Finding a way for the Alcoholic Beverage Commission to more effectively enforce liquor laws.

How to handle bars that continually skirt rules.

How to handle problems like unruly drinkers parking in neighborhoods and urinating in public.

The committee will report back to the commission, which will use the information to decide whether to support legislation before the City Council that would allow all downtown bars to stay open until 2 a.m.

This debate, which occurs every year or so, has been dubbed "Bar Wars." It has included countless hours of hearings and debate, frustrating city business owners and residents alike.

Currently, the council is looking at legislation that would effectively end a 1994 moratorium on new 2 a.m. licenses downtown. When enacted it included a grandfather provision that allowed bars that already had late-night licenses to continue to stay open into the early morning.

Fifteen establishments in the Historic District, including three hotels and two clubs, can stay open until 2 a.m. Fifteen other restaurants and bars downtown must close at midnight.

Specifically the legislation changes city zoning code - hence the planning commission meeting - and would allow bars located within one of two types of zoning to potentially stay open later.

If passed, prospective licensees would still have to go through the same permitting processes with the liquor board before they could extend their hours.

But commission members said that they didn't have enough information to wisely make a decision. In Thursday night's three-hour meeting they heard testimony that staying open later would both increase and decrease problems with unruly drunks, curb or eliminate public urination, and invigorate or deaden Annapolis nightlife.

"I've heard that extending 2 a.m. licenses would resolve all these problems or increase all these problems," said commission member Robert Waldman. "I have all these questions and this is just the zoning board."

Andrew Fox, co-owner of Sly Fox Pub on Church Circle, which has a midnight license, said that communication is the biggest problem between bar owners, residents, the ABC and police. People who have problems with bars don't address them with owners, the commission doesn't enforce liquor laws effectively, and police don't regularly address recurring problems at some bars, he said.

"Basically there are four corners that aren't connected," he said.

Chris Fox, Andrew's brother and business partner, said that forcing all bars to close at midnight or 1 a.m. - which some have suggested would be an equitable way to end the debate - would not be fair because it would punish 2 a.m. bars and their employees. Additionally, the multibillion-dollar wholesale liquor industry would oppose any measure that would cost them millions in lost sales.

While many bar owners who currently close at midnight support more late-night licenses, people who live near those establishment are concerned that more drinking hours will mean more drinking-related problems. It's not as simple as just letting bars stay open longer, they say.

For example, new policies could be enacted that punish all bar owners, not just problem ones, and a simple and quick vote by the commission doesn't give the issue the attention it deserves, said Denise Worthen, chairwoman of the Murray Hill Residents Association Land Use Committee.

Doug Smith, president of the Ward One Residents Association, said there needs to be a study of the city's bar and restaurant industry and the effects extending hours would have on business, nearby residents, police enforcement and drinking-related nuisances.

Mayor-elect Josh Cohen is against extending bar hours. During his campaign he said one of his first orders of business if elected would be to repeal the proposed legislation if it were enacted. Mayor Ellen O. Moyer is a sponsor of the bill the commission discussed Thursday night.

Jon Arason, director of the Department of Planning and Zoning, said that if bar hours are extended something needs to be done to address the concerns of people who live near bars.

"Somehow this issue has got to be laid to rest," he said. "Maybe it never will be."

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never close - 2009-11-10 15:49:07

we can solve this problem by the bars being open 24 hours a day..... that way we don't have an influx of people coming out of the bars at 2 am......

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stanley davis - mayo, md - Karma: Terrible

huh? - 2009-11-10 15:45:10

"I don't even know why people continue to debate this topic anyway because the majority of city officials DONT EVEN LIVE downtown so how do they have a right to an opinion on anything regarding this issue."

City officials don't live in public housing, house boats, or sewers either but I would think they should still be able to make decisions about them.

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D Russell - severna park, MD - Karma: Excellent

staying out late? - 2009-11-10 14:39:21

I don't see how closing all bars at 12am instead of 2am would prevent the "drunkeness" brought up in "why the debate". Dewey Beach, a place where I spent a lot of time when I was younger, closes at 12am. Same problems, just 2 hours earlier.

The only thing missing by closing the bars earlier is the profits the bars will make. It's hard to run a restaurant/ bar. This is apparent by the vacancy issues we see downtown.

Why not give them a few more hours to make money? Actually I think it is more more that case that when bars are open late, people tend to eat dinner later then go out to have a drink/ or 5 later. This not only open business for the bars, but also the restaurants who now have a longer "dinner" serving.

Truth is, people have been drinking downtown "DTA" longer than any of us have been here. We knew what was happening when we bought our houses or signed our leases. If you don't like it you probably chose the wrong house.

I like the idea of "Change" but this form of it just seems to be a little odd when debated.

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Jason Smythen - Annapolis, MD - Karma: Neutral

unfair - 2009-11-10 06:35:37

It's not right to allow some to close at 2AM and not allow others. It should be the same for all what ever time it is. If we want the most tax dollars then 2 AM would benefit all.

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ROB Beall - Annapolis, MD - Karma: Good

Why the debate?? - 2009-11-09 23:00:06

My parents used to live downtown and I invite anyone to see what happens after "Last Call" in downtown Annapolis on Fridays and Saturdays.

Fights,Vomiting,Nudity,Destruction of property,Public Urination,Noise,Theft,you name it. It happens.

I don't even know why people continue to debate this topic anyway because the majority of city officials DONT EVEN LIVE downtown so how do they have a right to an opinion on anything regarding this issue.

One More Myth.

Anyone who thinks that Mayor Elect Josh Cohen is going to end 2am Liquor Licenses has got Rocks in their Head because the ward he represented (Ward 8) is nothing but Boats and Bars so give me a Break.

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Steve Gundersen - Annapolis, Md - Karma: Excellent

You don't have to go home.. - 2009-11-09 22:44:00

but you can't stay here. I think that many people stay downtown anyway. When the bars close at 12AM they just go to one of the establishments that are open until 2AM. I don't believe there would be more problems with all businesses having the 2 AM license.

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matt palmer - , - Karma: Neutral

Who's drivng? - 2009-11-09 18:16:06

The article says the 'Planning Commission has called for the creation of a panel'. This panel then evolves into a committee; 'the committee will report back to the commission which will use the information to decide whether to support legislation before the the City Council'. The Planning Commission? Sounds like the 'panel' has the key to drive legislative action. Why does the city council need three straw dawgs? Is it to protect them from making a decision? Give me a break.

Sounds like the decision has been for all 2 A.M. licenses. Now, it's just a matter of getting city homeowners to swallow it, without getting sick on the council.

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harry trampolini - severna park, MD - Karma: Neutral

Spot or Selective Zoning - 2009-11-09 15:48:20

The City Council will need to act soon and decide to shut down all downtown bars at midnight or let all downtown bars stay open until 1A, 2A or whatever the case may be. Otherwise they leave the city open to expensive litigation that the city would likely lose. The U.S. Supreme Court already ruled it unconstitutional to apply zoning laws in the manner that Annapolis City Council is now doing. Playing games with grandfathered ordinances is nonsense. At the same time this city remains strapped for cash income while it ignores a hundred thousand dollars of annual tax income, all while raising business property tax rates and capping residential rates. You can only squeeze so much juice out of one lemon.

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TH Williams - Virginia Beach, VA - Karma: Excellent

Trouble enough already. - 2009-11-09 13:06:24

The way things are already is enough. My neighbors already come in drunk and loud.
Who needs it to be even drunker and later. Not me. That's my two cents.

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Robert Thompson - Annapolis, MD - Karma: Neutral