Main Street bar brokers liquor license compromise

When Raffurty’s Bar and Grill sought city approval to use a liquor license that carried no food service requirements, it drew objections from neighbors about noise and other quality-of-life issues.

That’s a common pattern when a downtown business applies for a major conditional use to a 4COP liquor license, which the city classifies as a “nightclub“ use. But after the City Commission agreed in December to hold a public hearing on the Raffurty’s application, something unusual happened: The bar came to an agreement with its neighbors before the board could even discuss the proposal in earnest.

At Tuesday’s commission meeting, representatives for the Rivo on Ringling condominium and a future Main Street mixed-use development encouraged the city to approve Raffurty’s application to use the 4COP license — as long as certain conditions are in place. Under a deal between Raffurty’s and its neighbors, the business agreed to place limits on the operations of the business. The agreement includes prohibitions on outdoor amplified noise and a requirement to offer a full menu for all hours of operation. The liquor license will not transfer if Raffurty’s changes ownership or if a new business moves into the property at 1888 Main St.

Since opening in 2019, Raffurty’s has offered full-service liquor sales using an SRX license, which requires a business to derive more than half its income from food sales. Representatives for Raffurty’s said the business has struggled to meet that threshold, which triggered the application to use a 4COP license. In October, the Planning Board voted 3-2 to recommend approval of the major conditional use application.

Raffurty’s representatives said operations would not change as a result of the liquor license switch, but residents at Rivo — located just more than 500 feet away — raised concerns about noise generated at the business. The conditions in the deal apply largely to sound, including the removal of a performance stage on the second-floor patio and a provision that says the city may revoke the Raffurty’s liquor license for violations of the city’s noise ordinance.

Rob Robinson, an attorney representing Raffurty’s, said the business agreed to the conditions in the spirit of compromise and out of a desire to be a good neighbor. Rivo residents said the deal creates some assurance that the bar’s operations won’t negatively affect their quality of life.

“We think this sets a standard for negotiated settlements of such challenging situations,” said Dean Miller, the president of the Rivo on Ringling association.

Although the commission voted unanimously to approve Raffurty’s application with the negotiated conditions, one board member expressed reservations about setting a precedent for future proposals. Mayor Hagen Brody said he believed the commission needed to have a conversation about universal standards in an effort to ensure all downtown bars adhere to the same noise regulations.

Brody also pushed back against the notion that outdoor amplified noise should be heavily restricted.

“I, for one, am in favor of live music,” Brody said. “I’m in favor of a vibrant downtown. I’m in favor of music in the air. I think residents that move downtown need to understand they’re moving to an urban environment where that occurs.”

The rest of the commission offered praise for all parties involved in negotiating the agreement.

“You all are to be applauded on your efforts,” Ahearn-Koch said.