License Commission Seeks to Clarify Rules For After-Hours Food Service at Bars and Restaurants

By AMANDA DRANE

NORTHAMPTON—The License Commission hopes to clarify city regulations around the late-night sale of food at bars and restaurants, and has sent a formal notice inviting all liquor licensees to attend tonight’s public hearing on the matter.

The meeting will begin at 4:00 in City Council Chambers.

The issue came to the city’s attention after newly re-opened Jake’s requested an extension of food service hours upon state approval of their seasonal beer and wine license on December 23, according to Executive Secretary Mary Midura.

Jake’s, which is open for breakfast and lunch,  now serves food until 3 a.m. on weekend nights to the late-night bar crowd.

Current city regulations state that all liquor licensees must close by 1 a.m., and 2 a.m. with further permission from the commission, but there’s nothing that prohibits restaurants from serving food at any hour.

Despite this vague language, the License Commission has granted extended hours to a handful of businesses, including downtown Sam’s Pizzeria, which has a wine and malt liquor license and remains open until 3 a.m. on Fridays and Saturdays. Sam’s ceases alcohol service at 1 a.m.

Jake’s co-owner Alex Washut told Northampton Media in a telephone conversation that he and co-owner Chris Ware hope to upgrade their newly approved seasonal malt wine and liquor license into an annual one, but that their restaurant, which serves breakfast and lunch, is “definitely not a bar.”  He said that he will be present at tonight’s hearing and hopes to get the issue resolved soon.

“We think it shouldn’t be that complicated an issue,” Washut said.

Commissioner Bill Rosen told Northampton Media that it will “not be a big change,” but that putting a clear policy in place is necessary.

“As long as the License Commission examines this closely and doesn’t create problems for us to enforce it; if the beer and wine is made inaccessible, and people play by the one o’clock rules, I’m essentially not opposed to that.” — Police Chief Russell Sienkiewicz

“We need to have a discussion. We need to address what people are doing and what they want to do,” Rosen said.

Rosen added that if an ordinance is required, it will take at least another month to pass through City Council.

Chief Russell Sienkiewicz told Northampton Media that he does not oppose the extension of hours and said that late-night restaurants provide venues for people to “wind down” after the bars close.

Sienkiewicz said that the issue is not very different from hotels and breakfast places that open early yet cannot serve breakfast cocktails until 10 a.m. He cautioned that if bars attempt the 3 a.m. extension, they are still subject to the 1 a.m. cessation of alcohol service, and enforcement of those hours could get “sketchy.”

“As long as the License Commission examines this closely and doesn’t create problems for us to enforce it; if the beer and wine is made inaccessible, and people play by the 1 o’clock rules, I’m essentially not opposed to that,” Sienkiewicz said.

Long-time resident and Packards owner Robert “Bobby” McGovern told Northampton Media that the late-night food business is a “tough gig,” and said that it might be difficult to support both of Jake’s co-owners’ paychecks with the venture. Nevertheless, McGovern said that having food service available downtown after the bars close is a good thing.

“They have a lot of energy—they should be OK,” McGovern said of Jake’s co-owners Ware and Washut.

McGovern said he had no immediate plans to start late-night food service at his bar, regardless of the License Commission’s decision.

The ABCC (Alcoholic Beverages Control Commission) told city officials that the question of whether bars and restaurants can serve food late at night is a local issue and should be decided by the local license commission.