COLUMBIA, SC (WIS) -
It's last call at 1:30 a.m. and doors close at most city bars at two.
But some night spots in Columbia's Five Points have special permits to stay open past the 2 a.m. closing time. Some bar owners say those rules aren't clear enough.
Many of the bars that have a special annual permit are in Five Points. Most who qualify have already renewed their permits for the upcoming year.
None of the owners have lost their permits but some are concerned that they could lose their licenses and not even know it.
"We feel we've done a pretty strong job communicating our message and our intentions from this ordinance," said Columbia City Council member Brian DeQuincey-Newman. "And that is that anyone that chooses to serve alcohol in the late night hours, needs to make sure they're providing a safe environment."
Newman says bar owners can lose their special permit after three violations.
"The violations most commonly will be underage drinking, any sort of violence that takes place, any sort of drug activity," said Newman. "Those are the sort of violations that we want bars that choose to stay open later to help control."
According to the ordinance, any kind of criminal activity would constitute a violation.
Scott Linaberry, the owner of Sharky's in Five Points, says his notice of violations did not come on time.
"Being notified that we had two strikes against our permit a couple months after the first strike occurred really didn't allow us time to do any due diligence," he said.
Linaberry received a letter from the city in March that he had two violations, one in September and one in November of 2011.
"It would be like playing baseball and having your umpire determine strike one but not telling you it's strike one" said attorney Joe McCullough. "To put it simply, that's not fair."
McCullough is the attorney for several Five Points bars that recently had a hearing for their city violations. He says the violations need to be more clearly defined and the bar owners should be notified promptly.
"If someone is cited, they are typically aware of it when the incident occurs," said Newman. "If a police officer is standing in your bar then you know that is something you need to be concerned about. And we make sure we communicate that to them."
Newman says that communication rarely takes the city longer than a week. And he says examples of violations are cited in the ordinance.
"It's part of the fundamental fairness that our businesses are owed by the city and by the government," said McCullough. "Notice, fair and rational rules and that's what we asked the city to take a look at."
City Manager Steven Gantt told WIS on the phone that owners are should be notified within seven to ten days after an incident and then they have seven days to appeal the violation.
The city attorney is currently viewing some of the complaints from bar owners. Councilman Newman says city council could have the attorney's recommendation by early September.
Click here to read the city ordinance
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Scott Linaberry owns Sharky's bar in Five Points
