Two contradictory recommendations from the city’s Alcohol Advisory Board for allowing patrons in the age 18-20 bracket into bars are going to Statesboro City Council to sort out.

The latest option, created with input from the Statesboro Police Department, would create a “music hall” designation for live musical performances at places otherwise restricted to customers age 21 and over. These places would have a “general section” for young adults ages 18-20 to enjoy the show, separated by a physical barrier from the “service/consumption” area for customers age 21 and up.

A state law effective since July 1, 2016, called  Michael’s Law and inspired by a  tragic event in Statesboro, generally prohibits customers under age 21 in bars, defined as places that make 75 percent or more of their money on the sale of alcohol. However, the state law provides loopholes, such as allowing younger customers at bars if accompanied by their own parent, guardian or spouse over 21.

Unless subject to stricter local rules, people ages 18-20 can also get into a bar unaccompanied for “a live musical concert or live presentation of the performing arts” with an admission charge.

“All that it would require a business to do is sell a 50-cent ticket, have a guy with a guitar strumming live music, and then they’re going to be treated like a nightclub that 18-and-up can be in, and that’s almost impossible for us to enforce,” Chief of Police Mike Broadhead told the advisory board Monday. “That’s why we’ve asked for a physical barrier that would keep the alcohol on one side.”

Local ‘bar’ definition

Statesboro’s current Alcoholic Beverage Ordinance, adopted in 2015, recognizes bars as places that, because of certain things they do such as employing door security, staying open past midnight and serving little food, are open only to patrons  21 and over. In fact, Statesboro’s ordinance calls on the chief of police or someone he designates to decide whether a business qualifies as a “bar, night club, lounge or similar business” subject to the 21-and-up restriction.

Restaurants, previously the only category here, are open to people of all ages for most of the day. But another provision of Statesboro’s city law prohibits patrons under age 18 from remaining in restaurants licensed to serve alcohol after 11 p.m. unless accompanied by a parent or guardian.

Owners can appeal the police determination of “bar” status to City Council. Whether a business derives more than 40 percent of its revenue from alcohol is included as a consideration, but only as one guideline among several and not a fixed rule.

So as it stands, Statesboro’s ordinance is more restrictive than the state law. Local ordinances are allowed to be more restrictive as long as they don’t contradict state law in what it prohibits, notes Statesboro City Attorney Cain Smith.

But the Alcohol Advisory Board has been considering options for allowing people under age 21 into bars for musical performances, and also for loosening Statesboro’s definition of a “bar” to the state’s minimal definition.

First option

The first proposal to do this, which the Alcohol Advisory Board recommended by a 5-0 vote in February, would have closely tracked the state law, allowing under-21s into bars when accompanied by a parent, guardian or spouse over age 21.

If this option is approved, customers under age 21 would also be allowed at bars to “attend a bona fide live musical concert or live performing arts presentation” requiring an admission charge.” This version would require those under 21 to be “visibly and conspicuously marked as a minor for purposes of alcohol consumption and service.”

That version appeared on City Council’s agenda for a first-reading at an April 17 meeting that was cancelled for lack of a quorum. Three other amendments recommended by the Alcohol Advisory Board appeared again on the May 1 Council Agenda, but not the one having to do with under-21 admissions. The council tabled the other three amendments without discussion, and Smith then said this was done to allow the four amendments to be considered together, since police had concerns with the enforceability of the under-21 amendment.

Smith then asked for Monday’s called advisory board meeting.

Second option

There, Broadhead and police Capt. James Winskie expressed a preference not only for the “music hall” provision, but for maintaining the local definition of bars, with police input on the determination. Winskie noted that Statesboro previously had a requirement for restaurants with alcohol licenses to derive at least 50 percent of their income from food sales, until City Council replaced that rule as unenforceable.

“It was pretty much wide open with the 50-50 rule,” Winskie said. “If we go to 75-25, in our opinion we will have establishments all over the place that people under the age of 21 are going to have access to alcohol.”

Broadhead noted that, if left to the state law alone, a place that derives just 26 percent of its income from the sale of food qualifies as a restaurant with no age restriction for admission.

Both to council

The advisory board voted 4-2 Monday to recommend the new version of the amendment, including the provision for separate music halls and retaining Statesboro’s unique definition of a bar. Members Patrice Buckner Jackson, Shubert Lane, Jim Thibodeau and Laura Wheaton voted for this recommendation, while members Matt Hube and Woody Pumphrey voted against it.

“I want business owners to have productive businesses,” Jackson, the board chair, said during the meeting. “I want all of our citizens, no matter what their age, to have opportunities and access to fun social activities, but not social activities that put anyone in danger, so I think we need to consider that and make recommendations that we feel comfortable that we’re keeping safety as a priority.”

Smith and City Clerk Sue Starling said that both the February recommendation and the new recommendation will be presented for City Council’s consideration Tuesday.