Mandan delays action on 2 a.m. bar closings

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Despite requests by two Mandan establishments to allow bars to stay open until 2 a.m. in Mandan, as allowed by the state beginning Aug. 1, the city commission isn't ready to jump on the bandwagon.

Richard Baer, representing the Broken Oar, and August Kersten, Lonesome Dove owner, requested that commissioners add the extra hour to bar closing at Tuesday night's meeting of the city commission. The state Legislature allowed the later opening time just this year.

"We've asked for it because we can," Baer said. "This isn't something the Broken Oar or any other bar in Mandan wants to do on an every-night basis. We want the option to use it. For us, we're thinking about three or four specials events like the McQuade tournament - not every day. We're not about using and abusing it; we just want the opportunity to continue business.

"I don't know what Bismarck will do or what Lincoln is going to do. We just want the opportunity to do it and keep our gross up, and help keep our business operating. It's just a business decision," Baer said.

Baer went on to say that the Broken Oar is willing to give the city advance notice when it will be open until 2 a.m. to help law enforcement efforts. "Chief Rohr and his men are patrolling until 7 a.m. anyway; this would just help them focus their efforts," he said.

Commissioner Tim Helbling asked whether bands would be allowed to play until 2 a.m. Baer said the bands probably don't want to go beyond the midnight to 12:30 a.m. quitting time now imposed and that would likely remain the same.

Commissioner Dan Ulmer pointed out that Sunday openings are allowed by special permit and wondered whether that could be applied to the later opening. City Attorney Sharon Gallagher said she had also "been mulling this over," but needed to do further research.

"I've been in this industry since I was 21 - that's 35 years - and I'm not here to argue about it," Kersten said. "I know in the eastern part of the state they're going to go to 2 a.m. That extra hour is not going to hurt anyone on our end of the street. Everything is against us in this business, and every once in a while we need a little hit. I'm worried about what Bismarck is going to do. I think we should put the pressure on them and let them make a decision. They always seem to get ahead of us because of our size. This time we have the chance to do it. The state has already given us the option. I think we need this, and any bar that wants to stay open should be allowed to."

Kersten argued that the liquor establishments should at least be given the option of whether they should remain open the extra hour. He wasn't in favor of a plan for the city to issue special permits.

"This industry is tough enough with all the bars around. If we want to pay someone extra to stay open later, that's our option. Now, I have the option to close at 10 or 11 p.m. if it's slow. We do most of our business in the winter, and if we can make more money by staying open longer, we should be able to do that too."

Commissioner Stan Scott said he and Police Chief Dennis Rohr had spoken to several Mandan officers about the proposal and none of them were for the proposal.

"They felt that staying open the additional hour would mean doing more reports on DUIs and extra tickets," Scott said. "I've heard a couple of comments from people that feel if people need an extra hour, why don't they just go out an hour earlier rather than staying out later? The officers don't want to get back the way it was when Mandan was on Mountain Time."

Mayor Ken LaMont said his discussions with residents and police led to the same conclusion Scott had come up with.

"I think we need to stay on an even keel with Bismarck," LaMont said. "We're asking for trouble if we create the extra hour. Moorhead has problems with traffic going back and forth. Whatever happens, it's important we stay on the same hours of service as Bismarck."

The mayor said he did see some credibility in providing a special permit for the later opening.

"If Bismarck does go to the later opening, we will have to allow our businesses to do the same so they can compete, without a doubt," Commissioner Sandra Tibke stated. To which the rest of the commissioners agreed.

LaMont noted he had been in conversation with the mayor of Bismarck on extending the openings. "(John) Warford says he's not real warm on the idea. Though he explained to me that they are mulling it over. He's getting the same response from his law enforcement people as we are," LaMont said.

The commission took no action on the requests other than the mayor's request that the issue be further researched.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)

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