The latest controversy in the local smoking ban saga is set to unfold next week.
On Tuesday, the Duluth City Council will debate a proposal to allow Mitch's Bar & Grill, at 2112 W. Superior St. in Lincoln Park/West End, to put three benches in front of its building where patrons could sit, drink alcohol and smoke.
Anyone is allowed to smoke in front of any bar or restaurant. But Mitch's is requesting that councilors allow customers to take alcoholic beverages outside with them. Waiters would not serve people outside.
Though the decision relates only to Mitch's, officials fear there may be a wave of requests from other bars in the city because of the statewide smoking ban that began Monday.
Police Chief Gordon Ramsay said he is concerned that whatever councilors decide to do with Mitch's Bar & Grill will set a precedent.
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While allowing drinking on a bench in front of a bar might not seem like a big deal, Ramsay said, any time alcohol is allowed in a new area it raises concerns for police.
Though his office isn't taking a stance on Mitch's request, Ramsay said that if it is approved, officers will keep track of places that serve alcohol outdoors and whether they have more incidents that police must respond to.
Mark Mitchell, owner of Mitch's Bar & Grill, said he doesn't think the council's decision would set a precedent because several downtown restaurants already have outdoor seating where alcohol is served.
"They've already set the precedent," Mitchell said. "They let Pizza Luce have it. They let Grandma's have it."
Though Mitch's Bar & Grill, along with other bars and restaurants with outdoor seating, are not problematic, Ramsay said, police regularly get called to other bars in Lincoln Park.
"We have a lot more
alcohol-related problems in Lincoln Park," Ramsay said.
Some businesses also are concerned that allowing bars to have outdoor smoking and drinking areas will detract from their neighborhoods.
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Joe Kleiman, broker at Kleiman Realty, owns a building directly across the street from Mitch's. He worries the change might prevent businesses from locating there and prompt current businesses to move.
"They're going to look out their window and see bar patrons drinking and smoking outside. What do you think they're going to do?" Kleiman said. "This kind of ordinance would only make my job more difficult."
Mitchell said he understands those concerns, but smokers are going to be outside, regardless.
"This is all due to the new smoking ordinance. I never wanted to put anyone out on the sidewalks," he said. "This is simply a way that people can take their drink from the bar, smoke their cigarette and come back."
At some bars, Mitchell said, it's not safe for people to leave their drinks unattended.
Kleiman said he wouldn't mind if the benches were behind the building in an alley, out of view from Superior Street.
But Mitchell has security concerns with letting people in and out of the back. And building a new door directly out into the parking lot is too costly, he said.
The City Council meeting begins at 7 p.m. Tuesday on the third floor of City Hall, 411 W. First St. The council's regular meeting day, Monday, falls on Columbus Day next week.
