Downtown Sioux Falls

UPDATED: Is the City of Sioux Falls using Home Rule once again to skirt state law? Not sure.

l3wis August 31, 2009 23Comments

UPDATE: READ COMMENT #17 FOR CLARIFICATION

A downtown business owner told me an interesting story last night that is strangely not being covered in the local media. In fact this was the first I heard about it. I am a little short on the details, and I don’t have links to the state law code, but this is what I remember from the conversation;

According to state law you cannot sell alcohol on public property without a proper permit, some call it a ‘Tavern Permit’. But SOME downtown businesses have been breaking this law ever since the city started selling patio permits for places like Stogeez. As I understand it, it is okay for someone to drink alcohol on the patios if you are legal age, you just can’t purchase the alcohol on the patio. In other words, it is legal to go to someplace like Stogeez, go indoors, buy a drink and then sit on the patio and drink it, it becomes illegal when a server comes out on the patio and sells you the drink and brings it to you. Why? Because it is public property, not private, and according to state law the silly permits that the city sells, do not cover the tavern clause.

How did this all come about? The owner of Buffaloberries has a patio, and she follows the law, but she noticed that other bars and restaurants downtown do not. So she filed a complaint. But here’s the kicker; he city knows that it is illegal (or I suspect they do) because they are in the process of writing a tavern permit ordinance. But in the meantime, they are using the ‘Home Rule’ excuse that they do not need to follow state law. Okay, if that is the case, why are writing a new ordinance if you think you are exempt?

I want to be clear, I am not blaming the business owners, the city is the one who enabled DT business owners to break the law. Should the business owners know better? Sure. But the city shouldn’t be defending the practice when they know it is illegal.

The city needs to admit they made a mistake, fix it and move on. But as usual they make excuses for their mistakes. 

I need a drink.

Have a cigar, you are gonna go far

l3wis June 11, 2009 15Comments

Stick it in your orb!

l3wis June 10, 2009 0Comments

Maybe the spaceship like planters downtown will turn into real ones and carry a cigar bar owner to the planet DB-1, where he belongs

l3wis June 10, 2009 35Comments

Horror Hospital I guess I would have sprung for the less expensive terra cotta planters. (On sale now at LEWIS DRUG!)

Sioux Falls favorite bitcher (yeah, I don’t have the title quite yet) is bitching again about something that isn’t tickling his balls quite right. But his complaint isn’t about the cost of the planters to the taxpayers (which is F’ing outrageous) it is how they look.

Sixty-two round concrete planters are some of the last pieces of the puzzle to complete the Phillips Avenue project.  At $800 a piece

the planters cost almost $50,000. The concrete spheres are meant to bring some beauty to the curbside, but when it comes to the new planters beauty is in the eye of the beholder.

You could have bought terra cotta planters at about $50 bucks a pop, filled them with gravel and soil and they would have served the same purpose. What have I said about city hall’s Cadillac tastes?

But Tiny Brain Timmy doesn’t care about that;

Tim Kant, owns Stogeez, and two other businesses downtown and doesn’t like the new additions to the area.

“The people that we have talked to, it’s almost unanimous that they don’t like them,” Kant said.

Tim, Tim, Tim. Will you stop frowning for about 2 seconds? We all know why you don’t like them. Not only do they remind of that bad ass bead experience you had in college, they most likely block more seating at your patio ‘lounge’. Just admit it. You could put out an extra 6-10 tables if they were not there.

But what is more concerning is what the city thinks is appropriate amount to spend on planters;

Public Works Director Mark Cotter says that when city took a public survey, planters were number two on the list for the Phillips Avenue project.

Lady and the Tramp download

Yes, I’m sure that is true, Mark. But $800 for a planter?! C’mon! What a waste.