Monday, November 29, 1999
The University Daily Kansan
Section A·Page 5
-
Ordinance designed to prevent new Aggieville
Continued from page 1A
John Nalbandian, a city commissioner from 1991-1999 and professor of public administration at the University, said that during the last two decades, downtown areas nationwide have suffered from neglect as the growth of suburbs and the infix of malls and super stores has drawn people away from urban centers.
"The city's policies have always supported downtown as a major regional center," Wildgen said. "The city has put a lot of money and effort and policy development into maintaining downtown."
City Manager Mike Wilden said that downtown has been the focus of retail battles, squabbles about plans for a mall and debates about national chain stores.
Bob Moody, a commissioner at the time, said the growing number of bars concerned city commissioners.
According to records from the city clerk's office, in 1989 there were five drinking establishments in the downtown district. By 1994, there were 28.
"We pay so much attention to our downtown because it never really had that kind of decline," he said. "City commissioners have refused to allow a mall to be built on the outskirts of town."
By 1994, the city commission thought that downtown was leaning too far toward pure entertainment and pure drinking.
"We absolutely didn't want it to become Aggieville, and there was that concern," Moody said, referring to the bar district in Manhattan, where fights and riots have been a constant concern.
The commission decided something needed to be done, so that more retail stores weren't converted to pure bars, Nallbandian said.
"Legally, it's pretty hard to say to a particular business, 'You can't come here,'" he said. "You have to have general policies, rather than policies aimed at a particular business. That's how the thing with the bars came about."
As Lawrence has grown, downtown has evolved. What was once a bus station now is Free State Brewing Company. What was once the Granada movie theater is now the Granada nightclub.
Index
1 Papa Keno's, 1035 Mass.
2 Jerusalem Café, 1021 Mass.
3 Milton's, 920 Mass.
4 Brown Bear, 729 Mass.
5 Z-Teca, 743 Mass.
6 G. Williker's, 733 Mass.
7 Wheatfield's, 904 Vermont
8 Chipotle, 911 Mass.
9 Lulu's Noodle Shop, 803 Mass.
10 India Palace, 129 E. 10th
11 La Parilla, 814 Mass.
Kyle Ramsey/KANSAN
Few would dispute Moody's assessment, but there are those who think the commission went too far.
Jerry Neverve, owner of the Red Lyon Tavern, 944 Massachusetts St., said he understood the city's position, and the
There are now 37 licensed drinking establishments downtown, and 10 of them are subject to the food sale requirement.
In addition to creating a separate zoning district for downtown, the commission passed a regulation that required all new drinking establishments in that zone to derive at least 5.5 percent of all of their gross receipts from the sale of food.
The requirement has stemmed the tide of pure bars downtown, officials say, and the new establishments primarily are restaurants
Brown Bear bummer
"Downtown right now is more vibrant and vivacious than I've seen it in the 20 years or so that I've been here." Moody said.
regulation did not effect his establishment. But even though his bar was grandfathered out of the food sale requirement, he was philosophically opposed to it.
"We should let the marketplace take care of stuff like that." Neverve said. "Downtown is a pretty unique place and it can take care of itself."
requirement that any portion of their gross receipts be from sales of food?"
It was the orange that nearly closed the Brown Bear for good.
It was the ordinance, not the free market,
that would end the war.
Shawn Schlegel, co-owner of the Brown Bear Brewing Co., serves a drink. The Brown Bear nearly went out of business after losing its liquor license because of city zoning restrictions.
In August, the city refused to renew the second downtown brewery's liquor license after an audit showed that the food sales requirement was not being met. The Brown Bear closed for five days, and was unable to move inside.
his alcohol for another week and a half. Co-owner Shawn Schlegel said at the time that the Brown Bear might have been doomed.
The vote was 26,209 for 'yes' and 14,196 for 'no'.
"There's enough factors you have to worry about running a restaurant without having to worry about being closed down by the city," Schlegel said. "Have they ever heard of supply and demand? The market only bears what it can handle."
Schlegel also said the food sale requirement went against public sentiment, citing a 1992 Douglas County general election vote. That year, the county commission adopted a resolution to include the following question on the November general election ballot: "Shall the sale of alcoholic liquor by the individual drink in Douglas County be allowed in public places without a
The vote did not deter city officials who worried that the market could handle more drinking and partying downtown than was healthy.
There is ample evidence that some KU students think the bar, ordinance is,
"Downtown right now is more vibrant and vivacious than I've seen it in the 20 years or so that Ive been here."
City Commissioner
Bob Moody
indiscriminate,
unfair and vague.
KU College Republicans supported the Brown Bear during its forced biotic. The group gathered more than 300 signatures from students on petitions it presented to the city commission.
the KU College Republicans, said the ordinance was punishing the brewery for problems that did not exist.
Timothy Burger, vice chairman of
"Nobody's saying the Brown Bear should be closed except for the city commission," Burger said.
"Being in this business for 10 years — sometimes we have good years, and sometimes we have bad years," Mali said. "You
Peach Madd, owner of the Sandbar,
117 E. 8th St., which is not subject to
the ordinance, said she sympathized
with the Brown Bear's difficulties.
Schlegel said the ordinance creates an unfair burden on newer downtown drinking establishments. He said that profit margins on food are much lower than on alcohol and that the food sale requirement forced the brewery to push the less profitable part of its business.
shouldn't be punished for one or two years."
Perhaps the biggest problem that has risen with the ordinance is that there is no protocol for handling establishments that do not meet the requirement.
"What got me the most frustrated is that they never followed on through the ordinance," Schlegel said. "It doesn't say what happen if you don't make it."
Wildgen countered that the owners of the Brown Bear knew what was expected of them, and the responsibility rested on them.
Schiegel said that there should be some sort of probation process, so that business owners could know where they stood.
"They concentrate on beer, not food" he said. "They know the rules. They were their own problem."
For all practical purposes, the Brown Bear is on probation. The city gave the brewery a new license and another chance two weeks after it was closed.
If it continues to come up short on the load requirement, the license will be lost forever, Wilden said.
Time to go home
Back outside the Granada, the party slowly starts to disperse. People break away from the crowd on their way home or to late-night house parties. When the last of them leaves, the police officer quietly pulls away, too. It's turned out to be a calm night — no arrests, no real trouble.
— Edited by Carl Kaminski
— Designed by Keith Burner
In a few hours, employees from the Granada and other bars and shops on the block will clean up the trash left by the late-night revelers. The remaining traces of the night before will blow in the Autumn wind
By daybreak, Massachusetts Street will be returned to shopkins and families.
LAWRENCE AUTOMOTIVE DIAGNOSTICS
842-8665 2858 Four Wheel Dr.
*ONE WAY - ROUND TRIP NOT REQUIRED
CHICAGO MOWAY $39
5 nonstops daily
DALLAS /
FT. WORTH $39
MINN/ST. PAUL $59
4 nights daily
BUFFALO /
NIAGARA FALLS $69
3 limited days
CINCINNATI $69
3 flights daily
DENVER $69
6 non stops daily
PITTSBURGH $69
3 flights daily
MYRTLE BEACH $79
2 flights daily
- BOEING 737 JET SERVICE
* ASSIGNED SEATING
* EXTRA LEGROOM
www.flyvanquard.com
www.flyyanguard.com
Flyyanguard provides security for $25,000+ aircraft. Offering the most secure airport and national security. Knowing that your aircraft is protected. Are you sure your aircraft is safe? Are you sure your airport is secure? Are you sure your aircraft is safe? Are you sure your airport is secure?
Made with love by our team of passionate and dedicated engineers who work tirelessly to keep your aircraft safe and secure.
FUN IN MYRTLE BEACH!
3 Day / 2 Nt. Package from **129* Per Person
Includes: RT air & Bts at Beautiful Beach Front Hotel
Mon-Thru夜. Purchase per person, QOUID (Uc under 16)
Subject to availability. Some restrictions apply. Call for details
VANGUARD VACATIONS
Mon - Fri | Jan-May | Cledest Sat and Sunday
**1 *888* +404 +5848 Toll Free**
1420 Crescent Road·843-3826
Show your Jayhawk spirit every time you use your KU Visa credit card — available exclusively from INTRUST Bank.
- No annual fee
- Account information online
- Contributions made to Kansas Alumni Association with each card purchase
Apply TODAY at www.intrustbank.com or call 1-800-222-7458
INTRUST Bank.