Edina's 60-40 Rule Set to Get Closer Look from Council

Almost three months after the Edina City council at the city’s restaurants, another part of Edina's liquor law has been put on the agenda for review.

According to City Councilman Josh Sprague, Edina’s 60-40 ordinance will be discussed at a work session on December 4.

The City Council had previously unanimously voted to bring the issue up at a meeting, but a date had not been specified.

Until a May vote that allowed them to host happy hour, Edina restaurants had been governed by a three-part liquor law: They could , at least 60 percent of their sales had to come from food and non-alcoholic beverages and no more than 15 percent of their floor space could be bar seating.

Based on his conversations with local restaurant owners, Sprague has found that the 60-40 rule has forced restaurants to open for lunches or brunches in order to sell more food and generate revenue from non-alcoholic drinks.

"Basically I felt that our liquor policy needs to be reviewed in general," Sprague said. "I think it’s been a little too stringent and because of that businesses have not been operating the way that gives customers what they want or according to their own business plan."

Sprague says that a 50-50 or 45-55 ratio would be more reasonable.

Restaurants would still be constrained by the number of seats in their bar area, under current city ordinances.

"One of the strengths of our liquor policy is the bar eating capacity percentage, which is set at a maximum of 15 percent," he said. "So by controlling the size of the bar seating area, you control what type of restaurant operators."

Dan McElroy, executive vice president of the Minnesota Restaurant, Lodging and Resort & Campground Association, thinks restaurant owners would welcome the change in the law due to evolving consumer preferences.

"It's becoming more common for people to order an appetizer and a drink," McElroy said. "That becomes an issue when the food costs $6, but it's accompanied by a $9 glass of wine, a craft beer or a $10 craft cocktail."

This makes it hard for restaurants to maintain the 60-40 ratio, he said, even though their business model remains the same.

A violation of the 60-40 ordinance was in front of the city council in June.

At that meeting, Edina restaurant was ordered to pay a $1,000 fine and had received a one-day suspension of its liquor license after violating the 60-40 rule in  and selling liquor to a minor.

The City Council voted 4-1 to suspend the license for one day, instead of the three-day penalty called for in city ordinances.

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