City regulations on downtown bars prove flexible

For Jeff Catherell to have a chance at opening his proposed Main Street business — Cask and Ale, an establishment that specializes in craft cocktails and calls itself the “premier location for exclusive and small batch whiskeys in the entire Gulf Coast area” — first he had to convince city officials his business isn’t a bar.

There’s a reason the application for Cask and Ale calls the business a “full-service restaurant,” despite a request to operate without food sales after 10 p.m. and stay open until 2 a.m. nightly.

Ultimately, Catherell had to agree to offer food sales during all hours of operation to get the Planning Board to endorse his plans — even though the city OK’d a similar business in 2011, allowing a provision that only required food sales until 3 p.m.

The word “bar” raises a red flag for many downtown residents, vigilant against the specter of Main Street’s transformation into a noisy, booze-soaked nightlife district. In 2015, those residents voiced strong opposition to a bar proposed for the 1500 block of Main Street. At that time, the Planning Board voted unanimously to oppose plans for Paddy Wagon Irish Pub.

On May 11, the Planning Board unanimously approved plans for Cask and Ale, also slated for the 1500 block of Main Street.

So what happened? Why, in the course of a year, did two applications for the same liquor license at neighboring properties yield different results? And how will the city evaluate other proposals for bars — and businesses that resemble bars — going forward?

Liquor Licensing

There is, as it stands, no limit on the number of bars that can operate in downtown Sarasota.

The city does have a regulation that prevents bars from opening within 500 feet from one another. However in 2008, the City Commission changed that rule so it did not apply to the downtown area, stating that the mixed-use core should be subject to different expectations.

Still, at the Cask and Ale hearing, many residents pointed to a 500-foot rule as evidence the city should reject the project. Even though there’s no restriction on the distance between bars, the city maintained a rule that prevented a liquor establishment from opening within 500 feet of an alcoholic beverage store.

Given the removal of the regulation regarding bars themselves, city staff interpreted the remaining 500-foot rule as focused more on package liquor sales. Senior Planner Courtney Mendez said she didn’t think Cask and Ale offered the same service as Mal’s Liquors, so the proposal didn’t create a concentration of like businesses.

Why not just remove the regulation altogether, then? Gretchen Schneider, the city’s general manager for planning and development, points out there are two sides to this issue. The bars might see the regulations as needlessly strenuous, but those who opposed Cask and Ale likely think they’re too lenient. The rule serves as a vehicle to evaluate a project’s impact rather than a wall that prevents it from advancing.

“They have to come for the conditional use anyway; why not have that conversation?” Schneider said. “I’m not sure I object too much to having that safeguard in place.”

Regardless of the 500-foot rule, businesses that have fewer than 150 seats must apply for a conditional use permit to allow the use of a state 4-COP liquor license. The City Commission must offer its approval to issue that permit, a hurdle Cask and Ale still has to clear.

“Those are additional standards meant to afford the city and its citizens some additional protections against a use that, while technically permitted, may need some additional conditions assigned to it,” Schneider said.

“We do need to come up with a better way to distinguish between different types of restaurants, bars or hybrids of those things.” — Robert Lindsay

The conditional use permit review process opens the door to more subjective interpretations of the merit of a proposed business. The zoning regulations dictate that officials must consider things like whether an application will have “significant adverse impacts” on livability, or if “generally, the public health, safety and welfare will be preserved” following approval.

During the Paddy Wagon discussion, some Planning Board members were open with their concern about the general proliferation of bars downtown. Three of those individuals are no longer on the board, and new members bring with them new attitudes.

“I’m from Belgium — I like beers,” Planning Board member Michael Halflants said at the Cask and Ale hearing. “I’d be happy to see this here.”

Cask and Ale benefited from the reputation of its owners — officials weighted the history of the Paddy Wagon owners, whose other bars generated a relatively high number of calls for service. 

Catherell also agreed to a condition that ensures the liquor license will not be transferrable to a future business at the same location. Typically, a conditional use permit stays with the property. This has been a source of concern for residents, citing the transformation of Ivory Lounge from a “jazz bar,” as originally proposed, to a nightclub.

Cask and Ale agreed to other conditions regarding food service and noise. This is one of the benefits of the conditional use process, staff said — the community can ensure the project is well tailored to its surroundings.

Members of the Planning Board suggested there’s a need to adjust the current regulations. Chairman Robert Lindsay said the city could benefit from rules acknowledging the spectrum of liquor-serving businesses.

“We do need to come up with a better way to distinguish between different types of restaurants, bars or hybrids of those things and how to control them,” Lindsay said.

As for Cask and Ale, the proposal is scheduled for consideration at the June 6 City Commission meeting. Catherell said the business hopes to open the last week of June, just before the Fourth of July weekend.

He says he’s serious about tailoring this business to the Sarasota marketplace, including offering more food options — he wasn’t just working the crowd to get approval. With an opening date in sight, he’s thankful that his message found a receptive audience, even if he may have had his doubts during the review process.

“The people that favored us understood our business model,” Catherell said. “They understood it would be a great thing for downtown Sarasota.”