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Policy to change bar scene faces ongoing scrutiny

November 14, 2013

Editor’s note: An amendment to change the city’s 50/50 rule would have set the sales ratio at 60 percent for alcohol and 40 percent for food.

A plan put forth by city officials to fix perceived issues with East Lansing’s nightlife no longer includes a proposal to reduce the number of bars with a seating cap on businesses serving alcohol past midnight.

Instead, the East Lansing Planning Commission determined changes to the city’s 50/50 ordinance would be a more appropriate change to the city’s downtown bar scene.

The ordinance requires restaurants selling alcohol to obtain at least 50 percent of their sales from food.

Commissioners unanimously recommended a new plan that would categorize businesses into different types and loosen the requirements for some restaurants serving alcohol at its Tuesday meeting, sending the issue to the East Lansing City Council for further consideration.

Under the newly-recommended proposal, restaurants that have been open for two years, have fewer than 150 seats and serve lunch at least five days out of the week would be able to serve 60 percent alcohol and 40 percent food.

The 50/50 rule still would apply to businesses that do not meet those qualifications.

Certain establishments were grandfathered into not having to abide by the 50/50 rule, such as Rick’s American Cafe, Beggar’s Banquet, The Riv and P.T. O’Malley’s.

Planning Commissioner Stephen Wooden said if the rule will be enforced, it makes sense to make the ratio easier on establishments serving alcohol.

“If we’re going to make the rule more enforceable, let’s also make it more feasible,” he said.

Some city officials and businesses have spoken out against the 50/50 rule as it stands, claiming the rules were an ineffective way of monitoring city businesses. The council narrowly struck down a proposal to temporarily do away with the ordinance while city planners came up with an alternative solution last year.

To combat issues with enforcement, the commission recommended the official legal action against those who violate the policy be changed from a possible shutdown to a civil infraction.

Planning, Building and Development Director Tim Dempsey said a new method of enforcement would put the power of punishment in the hands of the police.

“As the ordinance stands today…. if someone was in violation, we could withdraw their special use permit, effectively closing the establishment,” he said. “That’s a pretty extreme measure.”

Planning Commissioner Laura Goddeeris suggested taking the changes even further by applying a 60/40 rule to every business serving alcohol in the city. An amendment to set the alcohol to food sales ratio at 60/40 was divided at a 4-4 vote, meaning the motion was not recommended to the city council.

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