Casbah/Biscotties VS Ben Davis/Intuition

[Andy]

http://jacksonville.com/news/florida/2015-04-29/story/last-minute-opposition-kills-liquor-license-exemption-biscottis-casbah#.VUFaGU4FyVw.twitter

I haven't formulated a solid stance on this yet since I only just heard of this today. But I am a fan of both Ben Davis and the Casbah so I'm fairly split and having a hard time removing my bias.

On one hand, it probably wasn't the most fair thing to exclude two restaurants from a specific legislation. On the other hand, Ben Davis has nothing to do with these businesses save for them buying his product. They aren't even really competitors. Why even split this hair?

As a regular at Casbah, I would love to have liquor, but I don't want to take that stance too hastily, because I respect Ben Davis and his previous steps into local politics. What is everyone's take on it? Maybe it will help me sort out my own thoughts.

[fieldafm]

It has nothing to do with a brewery being afraid that they will loose sales to liquor companies (like most craft beer breweries, they can't produce enough to keep up with the demand for their product as it is).

The J Bill proposed was a classic case of spot zoning, which is 'zoning speak' for a situation whereas one parcel of land receives a special land use classification that is completely different from other properties in the same area. One person gets an advantage over others. Generally, spot zoning cases deal with the issue of fairness.

For context, in 2010 when Black Sheep was being constructed in Five Points.. their ownership group lobbied for a J Bill that would apply the same alchohol standards that downtown restaurants enjoy to Five Points and portions of North Riverside. Generally, these J Bills are looked at as economic development tools as a way to change zoning over a wide area in order to make that area more economically competitive given other inherent market disadvantages or unique characteristics of their built environment.

SRX alcohol licenses are issued to bona fide restaurants with 150+ seats whose food sales constitute 51% or more of the business' revenue. In dowtown, restaurants only need to have 100+ seats to be eligible for an SRX license.  In dense, urban environments... it generally isn't practical or desirable to apply suburban standards to restaurants (otherwise, you'd see a place like the Bostwick Building, Downtown Cigar Lounge and 1904 Music Hall-all small buildings with zero lot lines and no parking on site- get knocked down in order to build a suburban-style Applebees with a huge surface parking lot just to be able to have liquor sales in a restaurant). 

The J Bill Black Sheep got approved rolled Five Points and a portion of North Riverside into the downtown overlay in relation to SRX liceneses. This was good not only for Black Sheep, but for all commercial lands whose zoning allows for a restaurant use in these neighborhoods. In other words, it helped raise the economic tide for everyone. 

The J Bill proposed for Biscottis and Casbah only applies to their land... and their land only giving them a competitve advantage that no one else in Avondale would also be eligible for.

If you believe that's fair, then you would probably be for the J Bill they proposed. If you don't think that's fair, you would probably be against the Biscottis/Casbah J Bill.

[Steve]

I generally agree that it should be for all commercial character areas in Riverside/Avondale/San Marco, but I think killing this was the wrong approach by Ben Davis. In no way would this prevent anyone else doing the legwork to get a similar J Bill passed, and furthermore, it would set precedent for the area as a whole.

I think while I understand and generally agree with Davis' point that preferential treatment is not good (and would have preferred that this be submitted for a larger area (urban core commercial areas), I think in this case the action of killing this hurt two businesses in Avondale.

[fieldafm]

In no way would this prevent anyone else doing the legwork to get a similar J Bill passed

In fairness, most small business owners don't have the kind of cash to hire lobbyists and land use attorneys to push through their own J Bill. Just providing context.

[Steve]

That is very true....but I don't know that it matters. Assuming the article is true, if Ben Davis wanted to help out the neighborhood then have that same lobbyist lobby that the bill should be amended to include all commercial areas of the neighborhood. Don't kill it.

[Tacachale]

While I'd like to see those restaurants get their licences, I think Ben is right on this one. There's no reason to pass a bill that benefits only two restaurants while excluding others. All involved should use their influence to craft something that works for everyone.

[Ming The Merciless]

Well, if you think Biscotti's and Cashbah got burned here, you really ought to ask them why they waged war against Mellow Mushroom over the same issue.  Both restaurants (but especially Biscotti's) played a big role in trying to keep Mellow out.  Fortunately, they lost.

Having lost their fight -- but not before costing MM thousands of dollars -- it rings quite hollow for Biscotti's and Cashbah to whine about anti-competitive conduct, especially when they were trying, once again, to abuse the political process to for their personal benefit.

Kudos to Ben for having the gnads to stand up to these hypocrites. 

If Biscotti's and Cashbah want to support a broader bill that would benefit all businesses in the area, I expect that Mr. Davis will have nothing to say about it.  But given their past conduct, I wouldn't hold your breath.

[thelakelander]

I don't have anything against these businesses personally but I don't have a problem with what Ben Did. If I'm reading this right, my question becomes why in the world are we sponsoring legislation that only benefits two businesses and excludes all others?

[urbanlibertarian]

"...why in the world are we sponsoring legislation that only benefits two businesses and excludes all others?"

It's called crony capitalism and it hurts consumers by helping certain businesses get a competitive advantage they didn't earn via making their customers happy.

[MEGATRON]

Kudos to Ben for having the gnads to stand up to these hypocrites. 

I understand he only has one gnad due to an unfortunate accident involving his glycol refrigeration equipment.

[simonsays]

I suspect nobody would have opposed Biscottis if they had done what Black Sheep did and changed the law for the whole neighborhood.

It's worth noting that Biscottis was not only one of the most vocal opponents to Mellow Mushroom, but that it also embraced RAP's opposition to the granting of a liquor licence to Mellow on the grounds that that would represent an 'intensification of use' in the neighborhood. Incidentally, I note that RAP and the ridiculous "We Love Avondale" people have not uttered a sound on this....

The sheer  hypocrisy makes me laugh (bitterly, while shaking my head...)

[Steve]

Incidentally, I note that RAP and the ridiculous "We Love Avondale" people have not uttered a sound on this....

What would you like RAP to say on this?

[Crabernacle]

What would you like RAP to say on this?

Something tone deaf and cringe-worthy, as usual.

[fieldafm]

Incidentally, I note that RAP and the ridiculous "We Love Avondale" people have not uttered a sound on this....

What would you like RAP to say on this?

Considering RAP weighs in on every re-zoning issue in the neighborhood... particularly when there is an intensification of use, why silence on this one?

[MEGATRON]

Incidentally, I note that RAP and the ridiculous "We Love Avondale" people have not uttered a sound on this....

What would you like RAP to say on this?

I mean, they chime in on everything from fence height to paint color to parking.  Seems to make sense that RAP would chime in on increased alcohol sales, unless they are every bit as hypocritical as Jim Love.