SALEM — City councilors aren't toasting a new outdoor patio at Tavern in the Square. In fact, they spent most of last night's meeting at City Hall railing against the temporary closure of a stretch of sidewalk to allow the restaurant to offer outdoor seating.
"This is the only spot where a sidewalk is closed to the public 13 hours a day, seven days a week," said Councilor-at-large Steve Pinto. "The precedent has been set. The rules of the game have been changed in the middle."
The sidewalk is technically closed, but pedestrians have another, slightly longer path around the outdoor tables that remains unimpeded.
"You might take 20 extra steps before you get beyond it," said Salem Redevelopment Authority Chairman Mike Brennan. "It's not a major impediment. I don't see this as a major problem. We're not asking you to walk a quarter of a mile."
But the closure is a hurdle for disabled residents, particularly the blind who often rely on buildings to guide their path, some said.
"These aren't just minor inconveniences for this segment of the population," said Jack Harris, chairman of the Commission on Disabilities. "They're trying to access the businesses you're trying to promote, but you're putting up barriers and obstructions in front of them."
City officials seem to agree that part of the problem is a state regulation requiring that alcoholic beverages stay on premises at all times. That means a waiter would not be allowed to carry a drink from inside the bar, across the public sidewalk, to the patron's table on the patio. So the redevelopment authority granted the restaurant's request to seal off that stretch of sidewalk during hours of outdoor service.
City councilors tried to put on their collective thinking caps to find ways around the state regulation and keep the sidewalk open. Ward 2 Councilor Michael Sosnowski suggested making the outdoor patio alcohol-free.
Councilor-at-large Arthur Sargent wondered if the restaurant could simply install a second bar outside, but it was unclear whether the restaurant would need a second alcohol license. That prompted Sosnowski to suggest an unlikely alternative.
"Can we get 365 one-day permits issued?" Sosnowski asked. "I don't know. I'm grasping."
Even the tavern's sharpest critics aren't trying to shut down the outdoor patio altogether. They do, however, want the authority to approve outdoor cafes, particularly if it means closing a city sidewalk. That role is currently held by the Salem Redevelopment Authority.
"If they were really the experts, we wouldn't be sitting here," Pinto said. "... The reality is a sidewalk is blocked."
But downtown business owners warned councilors not to reverse the city's business-friendly climate, which has helped draw popular restaurants like Tavern in the Square to Salem in the first place.
"If you look at what we've accomplished in 10 years and where we can go 10 years from now, Salem has an incredible opportunity," said Rockafellas co-owner Dave McKillop. "Don't ruin that. Think about what you're trying to accomplish. ... Make decisions based on what you know in your heart is the best thing to do."
Also last night, councilors started discussing a second proposal to charge downtown restaurants a fee for placing outdoor tables on city sidewalks. Pinto is pushing for the city to assess a tax specifically on Tavern in the Square on the city-owned space it uses for its 88-seat patio.
Those discussions were tabled and expected to be taken up at a later meeting.
Maria Harris, the owner of Maria's Sweet Somethings, rattled off a litany of taxes and fees her business already has to pay, everything from a real estate tax to a trash fee to an inspection of her store's digital scales.
"There's every fee you could possibly think of," Harris said. "On top of that, not a day goes by when I'm not asked to donate to a school or another organization. ... I just want to make a living, and I don't want to be taxed to death."
Staff writer Chris Cassidy can be reached at ccassidy@salem news.com.
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