PORTLAND — The City Council struck down a 30-year-old zoning rule Monday that limited the number of businesses that could hold entertainment licenses downtown.
Officials said the unanimous vote to repeal the language Monday — passed as an emergency — signals that the city can be nimble in responding to issues faced by business owners, who had argued that the rule was outdated and hindering nightlife.
The 100-foot “business dispersal requirement” dates to the 1990s, and according to staff, was intended to “prevent the overconcentration of nightlife establishments” in the Old Port, as well as concerns related to the noise and occasional fights that came with bars letting out after last call.
Isaac MacDougal, owner of Cocktail Mary on Market Street, had pushed city leaders to strike down the rule. Ever since moving the bar from the East End, he hadn’t been able to obtain a license to host dance and drag nights.
He thanked councilors Monday for their work to address the issue quickly. City staff initially estimated it would take until the fall for the amendment to make its way through the planning board and council, which led officials to pass a temporary measure this summer.
While MacDougal led the charge, other downtown businesses and organizations have supported the ordinance amendment, arguing that it will give them more flexibility at a time when sustaining a downtown business can be difficult.
The Greater Portland Chamber of Commerce and Creative Portland also supported the change.
Dinah Minot, executive director of Creative Portland, had previously told officials that the buffer prevented the organization from hiring musicians to perform outdoors during a new monthly event called Third Wednesdays.
She said Monday that the group is “grateful that the council is updating old ordinances” that will make it easier to activate streets and plazas downtown.
“Our goal is to show off Portland’s proud cultural heritage and to showcase the diverse talent living and working in Portland,” she said.
Earlier this month, the planning board unanimously supported the change, sending a favorable recommendation to the council.
The amendment would normally require two readings, however, the council waived the second reading and passed it as an emergency, which requires seven affirmative votes. The vote was 8-0, with Councilor April Fournier absent.
Councilor Kate Sykes said it’s “amazing the work it can take” to correct an issue impacting a business owner, and thanked her fellow councilors for getting the change through a “gantlet” of obstacles.
“It’s important to show some hustle in this an other areas,” said Councilor Wes Pelletier. “It’s good to see we can get up and go to address issues in a timely manner.”