By Stephen Dorvee/Special

Canton Street in Roswell is a great example of the tremendous success of the historic district concept. Numerous businesses of various types co-exist side-by-side. Small businesses thrive. Quaint restaurants thrive. "Alive After Five" has been a hit and is loads of fun. No one, least of all me, wants to do anything to harm the Historic District.

 
There is an issue that has been gradually bubbling to the surface; however, that deserves the attention of all of Roswell. It's the Historic District’s dirty little secret.  Bars. You know places that serve alcohol first and food second.

Roswell’s liquor ordinance is designed to eliminate, or restrict bars in the City.  For example, the ordinance provides that 50 percent of any eating establishment’s receipts must be from food sales. Moreover, to obtain a limited pouring license for beer and wine, a business must have a given number of seats at tables. In order to have a full pouring license, for example an establishment must have sixty seats at tables as opposed to seats at a bar. A beer and wine license requires forty seats at tables.

Moreover, under state and local law, one cannot take open containers or alcoholic beverages out of a restaurant and to stroll down the sidewalk. Anyone who has been to "Alive After Five" knows that people wandering down the brick sidewalks and around the district with drinks in their hands is a common sight.  This issue is easily addressed. A special event permit for "Alive After Five" should cure the problem. 

But the sixty seats at tables is another issue. Some eating establishments with full pouring licenses do not meet this requirement today. In all likelihood, the spaces for these restaurants are not large enough to accommodate people at that many tables. Yet, with the full knowledge of the City, including our elected officials, these establishments continue to sell liquor by the drink. This is illegal.  Also, allowing these violations to occur arguably gives these establishments an unfair advantage over those who abide by the law. It is an unfortunate truth that it is a lot easier to make money selling booze rather than food.

How did this happen?  Well, anyone who has been to a liquor license hearing knows that the applicant must certify that the proprietor understands the liquor ordinance and will comply with it. The City takes applicants at their word.   Generally, no one engages in detailed questioning about the size of the establishment, the number of seats at tables, or any such thing. We should assume that our citizens are telling us the truth.  So it appears that various smaller establishments got their full pouring licenses by “fudging a little.”

Do we, as a community, care? I hope that the answer is yes. Roswell is a family community and has done just fine with its alcohol laws. Roswell wants all restaurants and small businesses to thrive, not just certain ones.  Also, the disaster that Buckhead became shows the danger of lax alcohol regulations.  And, let’s face it; no one wants a drunk weaving down Canton Street, on foot or in a car.

So what do we do with those who violate the liquor ordinance – the restaurants that still cannot fit in the required number of tables for a full pouring license? 

There are several alternatives.  Despite previous comments that outdoor seating does not count toward the limit, now the City is considering outdoor sidewalk seating in the “of tables” calculation. The City could make an exception for all restaurants in the Historic District.  We should not be deluded, however, into thinking that just because an establishment is located in our quaint historic district that “bar like” problems would not occur.  It is not uncommon for the police to be called to late night disturbances on weekends on Canton Street. 

Perhaps making sure that restaurants in the Historic District obey the 50 percent food-to-alcohol rule would do the trick. If that is so, then the City needs to conduct an audit immediately to see what those restaurants are doing.

Also, whatever solution is put forth, as a matter of fairness, it would seem that any operators who were not in compliance, but are now seeking forgiveness and an exception so they can keep their full pouring licenses, should have to pay a price for that.  Perhaps a one-time fee would do the trick.  Otherwise, someone who has violated Roswell’s laws would do better than those who have done the right thing. No one should be rewarded for violating the law, whether they did so knowingly or unknowingly.  And, perhaps, the City should issue an apology to those operators who abided by the law while the City sat back, hoping the issue would just go away.