21-only not dead in Iowa City yet

Less than one month after voters upheld Iowa City's 21-only bar law, a bar owner is exploring ways to revive the issue.

Mike Porter, who owns three downtown Iowa City bars and a liquor store, has asked the city whether 21-only could be brought before voters sooner than the two-year post-election wait required by law.

Porter did not answer calls to his cell phone or immediately reply to an e-mail message seeking comment Wednesday.

City Clerk Marian Karr said Porter had come to her with some ideas, but they were hypothetical and she suggested he put any specific proposals in writing and the city would then research whether they are legitimate. She has yet to receive anything from Porter.

The 21-only ordinance bans people younger than 21 from being in bars after 10 p.m. The City Council passed the law last spring, and voters upheld it in last month's election.

By law, the City Council and the public must wait at least two years after the election before voting on 21-only again. Not so clear is whether something similar to the law could be considered in the meantime.

Karr and City Attorney Eleanor Dilkes said anything that is substantially the same as the current law would be subject to the two-year wait. What would constitute “substantially the same” is hard to answer, however, they said.

Leah Cohen, who owns Bo-James restaurant and bar and was part of a group trying to overturn the law in the election, said she is not part of the current effort but has heard people ask whether an exception to the law could be granted to bars along the same lines as the “entertainment venue” designation approved by the City Council in October.

Under that exception, bars that meet certain requirements to show their main purpose is to provide live entertainment, such as concerts, can admit 19- and 20-year-olds until midnight.

One idea being kicked around is whether an exception can be created for establishments that have their kitchens open later at night, like until midnight.

After taking pains to ensure there were no loopholes in the entertainment venue ordinance, the City Council almost certainly would vote down anything intended to circumvent the law. But if enough signatures were gathered on a petition, an issue could put on the ballot, as happened with 21-only this fall.

That's if it is even a valid option for consideration.

“I'm pretty confident that moving it from 21 to 19 is substantially the same,” Karr said. “But I can't tell you whether an exception is substantially the same.”

That would be the city's call, said Jarrett Schneider, a spokesman for the Iowa Secretary of State's office, which oversees elections.

Nick Westergaard, the campaign manager for the pro-21-only committee 21 Makes Sense, said Porter's interest was a “bit of a head scratcher” given that the election was just one month ago.

“From where I'm standing, it looks very obvious that they need young people in bars to stay viable,” he said.

While voters upheld 21-only last month, 52 percent to 48 percent, if a new proposal could get to a public vote, next year is an off-year election, when turnout is traditionally very low. An attempt to make bars 21-and-older was defeated in 2007, an off-year election, with the help of strong student turnout.