A hot issue on Palafox has been the DIB vote to ban liquor sales at the outdoor bars during Gallery Night. The bars would be allowed to only sale beer and wine as early as the May 22 Gallery Night, if the DIB action stands unchallenged.
Pensacola City Councilman Charles Bare wondered whether the Downtown Improvement Board can regulate alcohol sales, since such business is regulated by the state, not a local board. Most city ordinances concern the consumption of alcohol, not its sale. Bare asked City Attorney Lysia Bowling to research the matter.
Bare called the paper last night and said that Bowling had found nothing that gave the DIB board the power to regulate or limit alcohol sales within the DIB district.
Yesterday, the Palafox Street bar and restaurant owners and managers met at Hopjacks to discuss the DIB liquor ban. The common interest of the 30 or so people gathered was to preserve Gallery Night.
The group at Hopjacks wondered how the perception of Gallery Night had gotten so far from what they have seen. Since they were not invited to the DIB board meeting, they weren’t able to discuss the issue and hear the arguments before the vote. Some felt the lack of proper notice made the DIB vote invalid.
After two hours of discussion, the bar and restaurant owners agreed to ask City Attorney Lysia Bowling for her legal opinion on the rights and obligations of the DIB, Mayor Ashton Hayward, Pensacola City Council and the downtown business owners in regard to liquor sales on Gallery Nights and at other downtown events. They also wanted a written statement from Mayor Hayward on his official position on the issue, since the DIB board serves at his pleasure.
They were open to discussing any issues concerning Gallery Nights and will ask for a workshop with the mayor, his staff, city council, DIB board, downtown business owners and the public to discuss the future of the event and how to improve the Gallery Night experience for everyone. The businesses asked that any action be delayed so that any concerns and possible changes can be completely vetted and all interested parties can weigh in on the discussion.
The next Gallery Night is three weeks away. Stay tuned.
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From: Lysia Bowling
Sent: Monday, May 04, 2015
To: Charles Bare
Subject: RE: DIB Banning Certain Alcohol During Gallery Night
Dear Councilmember Bare:
Hope your start to the week has been good.
I do not find any legal basis providing DIB regulatory authority over the types of liquor sold during a Gallery Night.
Please let me know should you need anything further.
Thank you,
Lysia H. Bowling
