Social pressure plays a significant role in dictating human behavior. To be sure, this is the force that keeps us driving at or just above the speed limit. It is the thing that makes us all drive on the right side of the road. As such, governments pass laws that help formalize social pressure. Often those laws tell us what we already know: murder, stealing, swindle and so forth are intrinsically wrong.

One such issue that NYC has experience with, for example, is that of alcohol regulation. NYC’s huge public events, large population, and numerous establishments that sell alcohol demand thorough and well thought out laws. One such item Duluth ought to take note of is that NYC allows - and even promotes - the sale of alcohol at three different restaurants within Central Park. You can buy liquor within the park at the Loeb Boathouse, Sheep Meadow Café, or at the Tavern on the Green.

NYC has learned that simply restricting the sale of alcohol to certain areas does not lessen the problems associated with alcohol.

I am not trying to argue that alcohol does not cause problems. Clearly, there are too many alcohol related deaths on our highways. Yet, according to the Minneapolis Star Tribune’s March 18, 2007 editorial, “Don’t Start or Stop with Grocer Wine Sales,” alcohol related problems are not solved by the restriction of alcohol sales – this is the remaining lesson of Prohibition. Apparently NYC has taken this to heart by allowing and even promoting the sale of alcohol within Central Park. Seemingly, teenagers and children playing in and nearby Central Park have been neither harmed nor suffered alarmingly higher rates of alcoholism.

Councilor Krause should take notice. He is the single vote standing in the way eliminating Prohibition era language in our Duluth city charter. Although merit can be found in councilor Krause’s concern about the effects of alcohol abuse, allowing this newly discovered language to stand in the City Charter will only harm Duluth. Unless Krause votes with the council on March 26th to eliminate the language from the Charter, Duluthians could see the potential closure of any establishment that sells or serves liquor if it is near parkland. This includes bars, restaurants, or liquor stores nearby the Lakewalk, Canal Park, and even those in the vicinity of Memorial Park in West Duluth.

A no vote by Councilor Krause would allow the language to stand and would result in several things. First, our city attorney’s office will have to search all city property deeds and review city council minutes back to 1912 to establish if they are deemed “parkland.” Second, any liquor selling establishment deeming to be in violation would lose its license. Lastly, Duluth
would get another black eye, thereby reinforcing the notion that Duluth is “anti-business.”

Councilor Krause favors sending the Charter language back to the Commission for language
revision. However, the Charter Commission voted unanimously to remove the language. Even former Police Chief and Charter Commission member Eli Miletich voted in favor of eliminating the prohibition era language. The overall sentiment of the commission is that the current language is outdated, onerous, unnecessary, and anti-business. If Councilor Krause thinks the commission favors his prohibition era anti-business suggestion, he ought to reconsider.

Enough is enough. Duluth is already combating an anti-business reputation. It is time the citizens, in a show of solidarity, gather to support local business.

We invite you to participate: On Wednesday, March 21 at 10:30 AM, the Chamber, along with members of the hospitality industry, will hold a press conference at Grandma’s in Canal Park (this is one of the businesses that could be badly hurt). If you are tired of city hall standing in the way of business come to Grandma’s Saloon, located at 522 South Lake Avenue, to show your support for the business owners and all the men and women who work in those businesses. Without your support many of them may have to lay off employees or close their doors.

Feel free to forward this email on to anybody who has a stake in what is happening in Duluth. As well, email Councilor Krause and let him know that you support the many local businesses his vote will hurt. His email is gkrause@ci.duluth.mn.us

Click Here to view the business issues regarding the City of Duluth Charter language.

Creating a better business climate is easy: it simply means providing a level playing field; having fair and honest competition; keeping taxation as low as possible; and minimizing red tape and regulation. When those elements are in place, business thrives.

Unfortunately, business in Duluth is often challenged when this simple formula is compromised. On Monday night, the Duluth City Council will once again take up a resolution fraught with the potential of eroding the business climate at once. This will take place when the Charter Commission’s* recommendation to strike a 1912 Prohibition era liquor regulation from the city charter is approved by the City Council.

This is highlighted by the case of a new restaurant that wants to serve liquor. Unfortunately, the restaurant in question – a newly renovated business on Fourth Street near Chester Creek – is unable to attain a license to serve liquor because it is within a short distance of a park. In keeping with the prohibition laws of the 1910s to the early 1930s, the city charter forbids this to happen. Since this time, our city has progressed forward creating more modern controls: the City of Duluth Alcohol, Gaming, and Tobacco Commission and the City Council, for example. Moreover, there are also state laws and regulations that also control how the city controls liquor distribution, liquor sales, and so forth.

Because this is a charter change, its approval requires a unanimous vote of the city council. The change would effectively strip the prohibition era regulation from the charter and lessen a regulatory burden. Still, our city would maintain good control over liquor provided by the previously mentioned commission, elected officials, and state laws. Charter change, in this case, would improve the business climate – something our city desperately needs.

City Councilor Garry Krause stands in firm opposition. To be fair, councilor Krause is concerned that the establishment of another liquor serving restaurant in this particular neighborhood may be a cause for delinquency among college students. He does not want further alcohol related incidents. He believes the city council to be weak in the knees when it comes to liquor regulations and violation of those regulations in the City of Duluth. Keeping one more layer of Prohibition Era regulation, he reasons, will help protect the citizenry.

There are several problems with Krause’s argument. First, if we keep the 1912 Prohibition Era Charter regulation, the City of Duluth will have to research all park, parkland, or city property deeds to see if any liquor serving or selling establishment is near parkland. This could potentially take several thousand hours of city attorney time and effort, thereby taking time away from economic development projects and so forth. Keeping the 1912 regulation will also force a review of all city council meeting minutes to see how any city owned parcel of land was bought or accepted as city land to make sure the intention of the acquired property was to be parkland or any other kind of property. This could potentially snare unintended businesses such as those in Canal Park, those close to city hall, or even those in West Duluth that are close to Memorial Park.

Secondly, the 1912 era provision in our charter does not reflect modern realities. Eliminating the ability to of someone to attain liquor from a legal and licensed source wherein an invested proprietor can be penalized will not reduce alcohol abuse by college students. College students often times gain access to alcohol at house parties when an irresponsible adult provides it for a fee. Councilor Krause is correct that this kind of behavior ought to be stopped. His argument falls short when he thinks a proprietor, properly licensed and rightly regulated, would risk his license to provide alcohol to underage customers. The real solution, then, is to remove this antiquated provision and allow our licenses to be governed by one, straight-forward code.

We need your help. Councilor Krause indicates that he is acting in accord with constituent wishes. To help our city avoid another potentially damaging and expensive public fight, please contact Councilor Krause to voice your concern that we have straightforward, simple, and effective regulation of alcohol in our city. In doing so, you will help us begin to create a better business climate.

Email councilor Krause at gkrause@ci.duluth.mn.us and respectfully ask him to vote in favor of 07-007-O