Bar owners took one on the chin early Tuesday in their fight to keep pouring alcohol until 4 a.m., as the Atlanta City Council approved a 2:30 a.m. last call for every day except Sunday.

The new ordinance takes effect Jan. 1, when businesses that sell alcohol for "on premises consumption" must close by 3 a.m. instead of the current 4 a.m. State law prohibits the sale of alcohol in bars on Sundays; restaurants and other venues can sell alcohol until midnight that day.

But the last call issue may not be dead, as the legislation mandating the earlier closing time was part of a compromise that said alcohol licenses issued, renewed or transferred for 2004 are effective from Jan. 1 to March 31. After that, the City Council could revisit the issue as license holders must apply for another alcohol license that would be valid for the remainder of the calendar year.

Gay bar owners reacted soberly to the new legislation.

"It's disappointing, but it could've been worse," said Reggie Thomas, general manager at Club Image on North Avenue. "I think if bar owners explain to their patrons what all is going on, they'll come out earlier to support them."

Michael Clutter, owner of Bulldogs on Peachtree Street, continues to fear his patrons will head outside the city limits.

"It's a half-hour difference, but I'm still surrounded by communities open 'til four, and that's going to have a devastating impact," Clutter said.

The 2:30 a.m. last call and 3 a.m. closing time represented a compromise of sorts. Earlier legislation proposed a 2 a.m. cutoff for alcohol sales, two hours earlier than currently allowed.

"We were still hoping for 4 o'clock, but we also knew that was dead," said Warren Bruno, a founder of the Atlanta Licensed Beverage Council, a group of bar and restaurant owners formed two months ago. "That half hour is a huge difference though, and we're hoping people will stay in Atlanta [to go clubbing]."

The resolution that passed limiting alcohol licenses to the first three months of 2004 replaced a proposal supported by gay Council member Anne Fauver that would have created a three-month moratorium on all alcohol licenses in Buckhead.

"If we find solutions within the next three months, this council can revisit this issue of bar owners," said Council member Ceasar Mitchell.

Fauver, who heads a subcommittee with Council member Natalyn Archibong that is reviewing the city’s current liquor licensing laws, said Wednesday she directed her energy toward creating the temporary licenses for 2004 to provide an additional three months to work on compromises. The city can reconsider closing times if bar owners raise money for police, or the city develops a tiered licensing system by that time, she added.

"We have three months to see what kind of changes we can make, and then there may be the possibility of having some of the bars stay open later," Fauver said. "The 2 a.m. closings had enough votes to pass, and so if I hadn't voted for the compromise, all of the bars would have closed at 2."

Renewed debate
Early Tuesday, as a marathon City Council session that started Monday continued, council members prepared to consider the measure proposed by Martin and Council member Mary Norwood to stop the sale of alcohol at 2 a.m.

But Mitchell substituted a proposal calling for the 2 a.m. cutoff, while forcing bars to close at 2:30 a.m., instead of the 3 a.m. deadline found in the original measure.

Mitchell called his proposal a compromise because it would have forced council members to revisit the issue by their last meeting in 2004, giving bar owners the hope of change.

With current law allowing bars to serve alcohol on weekdays from 9 a.m. one day to 4 a.m. the following day, and on Saturdays from 9 a.m. to 2:55 a.m., several council members said Mitchell's proposal favored the city and residents too heavily.

"Where's the compromise?" asked Council member Debi Starnes. "The [alcohol cutoff time] is still at two, so that's not much of a compromise. Why should [bar owners] keep working at the table if you've already sort of strangled them."

The City Council has debated bar closing times since early 2000, when there were two homicides in Buckhead Village in festivities following the Super Bowl at the Georgia Dome. Since 2000, nine people have been killed in the popular party spot, according to the Atlanta Police Department.

Two homicides outside a Buckhead Village club last month renewed attention to earlier bar closing efforts. Proponents, including gay City Council President Cathy Woolard and Mayor Shirley Franklin, supported a 2 a.m. closing time for bars across the city.

But opponents said the measure unfairly targeted areas such as Midtown, home to many of the city's gay bars, that don't have crime and noise problems similar to those in Buckhead Village.

"Outside of Buckhead, those bar owners and restaurant owners stepped up to the plate," said Council member Cleta Winslow, who praised Midtown specifically. "It certainly isn't fair for you to have done your part, spend your hard earned money to do the right thing, and then you've got other businesses who refuse to do the right thing."

Starnes, who represents portions of Midtown, Downtown and Inman Park, told Norwood she empathized with her effort to bring late night peace to her residents in Buckhead, but agreed it was unfair to punish the entire city.

"All of my people sleep, just like your people sleep," Starnes said. "I have bad apple bars, and I understand the issue. But I also have a lot of good bar owners, good restaurant owners — good owners that are trying to be good neighbors."

As council members considered Mitchell's substitute proposal, Martin — on behalf of the Atlanta License Beverage Council — submitted a compromise for the 2:30 a.m. last call that quickly received widespread support. Martin lauded the lobbying efforts of Atlanta bar owners.

"They've been coming to these meetings, and I believe if you're going to have progressive government, you respect everybody as they attempt to use the process of representative government," Martin said. "I think we have the bars' attention more so than we have in the past."

Martin's proposal was approved 11-4, with the reluctant support of Norwood. Woolard, the lesbian city council president, only votes in the case of a tie and did comment during the debate on Monday.. But she came out in support of closing bars at 2 a.m. last month.

"I'm disappointed," Norwood said. "We have a lawless city and we have all been told that [a 2 a.m. last call] will be a substantial way to get us back to lawfulness. If you tell me I have nothing and all bets are off, I will take what I can get for the sake of constituents that cannot sleep now until five o'clock in the morning."

The ordinance passed by the City Council this week represents only the first step in trying to manage crime, noise and traffic in Buckhead, Norwood said.

"This is an important issue, and I'm not walking away from it," Norwood said. "I will be at the table working with all those involved so that we can find a balance between having fun and lawfulness."

The Atlanta Licensed Beverage Council will continue to work on it proposals to the city, which include self-taxing bar owners and workers to help raise money for more police, Bruno said.

But by the time the City Council looks at the issue again, it may be too late for some bars, Clutter said.

"I hope businesses can stay in business long enough to have the issue revisited," he said. "I predict it's going to have a dramatic impact on many people's sales."