11:47 AM PDT on Thursday, June 22, 2006

By YSABEL BILBAO / KTVB

BOISE - Sidewalk cafes are a staple of downtown Boise, but if they stay open after dark - they are breaking the law.

For years Boise did not enforce the rule – until the city ordinance was brought to the mayor’s attention.  Now a task force will decide if the law will be enforced – or if people will still be able to eat and drink outdoors after dark.

"The patios are a huge deal, they add about 30% during the summer to our overall revenue,” Bittercreek owner Dave Krick said.

Krick admits having a patio open for eating and drinking brings money to his business, but he says it's more than just dollars and cents.

"Not only that, they are great for downtown, they make it fun a place where people want to hang out they make our urban landscape what it is,” Krick said.

"It brings people to hang out, to see each other, to have fun you know being outside,” said Alex Diffendaffer manager of The Front Door Manager

But despite pleased patrons--recently the mayor's office was made aware the patios that have sprung up all over downtown - are actually violating city code--by remaining open past sunset.

"Rather than start enforcing and make them change operations, the city council is looking to make a temporary ordinance to keep those sidewalk cafes open till 2 in the morning,” city spokesperson Michael Zuzel said.

A task force of community members and police officers was formed to look at the issue-- and next Tuesday the city council will hear their report.

There are two options on the table--the council will decide to either enforce the old code and close patios at dusk --or re-write it to match the current business practice.

 The mayor's office admits outside dining and drinking haven't been an issue yet---but says it's taking a proactive approach to keeping Boise’s nightlife fun and safe.     

"It is actually a great problem to have because it tells us the nightlife is thriving and that we have a lot of actives, but it does mean that we need to keep an eye on actives and make sure public safety is foremost,” Zuzel said.

Limiting sidewalk sales isn't something bar owners want, and they say they're hoping city council members consider the downtown summer ambiance when making their decision.

"I think it would be a huge impact to shut down or not allow sales after dusk and it's a big part of the atmosphere and people like coming down here,” Krick said.

The task force is also looking into changing how drinks are sold, if glass bottles can be brought outside, a how to stop binge drinking.

Next Tuesday the council meeting will be open for public comment and a third reading--we will keep you updated on the decision.