Councilman wants to suspend open container laws during restaurant ban

The order by Gov. Tom Wolf prohibiting indoor dining through Jan. 4 has Bethlehem’s bars and restaurants gasping. But a proposal by a city councilman to suspend laws barring people from walking the streets with an alcoholic beverage might bring some relief.

City Councilman Bryan Callahan made the proposal during Tuesday night’s City Council meeting, with the hope the council would act on it immediately.

Callahan didn’t blame Wolf, and said he understands the reasons for the action, but added “We need to find ways for our restaurants and other businesses to thrive.”

“I’m not blaming anyone for this … but suspending open container laws until we’re over this [the pandemic] could help,” he said. “Just relax it. I think we could do that. This is a very small thing.”

He said he has gotten several calls from businesses seeking help, and that two downtown restaurant owners expressed a need for help during council’s meeting. Most said they won’t survive until February.

“Alcohol is their largest profit margin,” he said.

The councilman hoped to have the suspension put in place during the meeting, but though other council members agreed and wanted help, it was legally not possible to approve such a move instantly.

“This is not as simple as snapping a finger,” said Council President Adam Waldron after the meeting.

He said there are two ways to bring it about. The first would be creating an ordinance, which is at least a two-month process.

The second would be issuing a special event permit, like the one granted Musikfest or Tune Twilight. That is a faster method, but involves submitting a proposal with designated areas and dates.

“It could something like they pick a date or a day,” he said. “They could have a festival, say, every Saturday.”

Councilman Michael Colon said he would support it, but with the constraints by which other festivals must abide.

“I’d support something like a downtown festival, but not have it citywide,” Colon said.

Waldron said allowing people to walk around with alcohol beverages may not be attractive in near freezing temperatures. He also said it could lead to people crowding around outdoor heaters. He said that would defeat the purpose of Wolf’s ban.

At this point, council can’t act on anything until it receives a written proposal as either an ordinance or through an event permit, likely submitted by the city’s Downtown Business Association.