Up until April 2006, customers had to ask restaurant servers to carry their beer outside if they wished to enjoy outdoor sidewalk seating. However, Tuesday the Public Safety Review Board came one step closer to putting a permanent repeal on the city law.

A law was originally in place that made it illegal for customers to carry their own alcoholic and non-alcoholic beverages outside because of concerns about underage drinking and people taking beverages beyond café boundaries.

Police Captain John Davenport said the city was initially concerned with lack of monitoring of sidewalk café areas by restaurant staff.

State Street restaurants, such as Hawk’s, complained about the original ordinance, saying it created an unnecessary hassle for waitstaff, including designating a server whose only job was to deliver drinks outside.

However, last year the Public Safety Review Board set a temporary repeal in place from April to December 2006 to see if restaurants effectively monitor patrons.

Austin King, Ald. District 8, said restaurants understand that they are liable for any illegal activity that occurs on their property, and take it seriously.

“It’s the responsibility of the establishment to make sure everyone is of age,” Davenport added.

Although the ordinance does not apply to State Street Brats because it has a permanently enclosed outdoor area, manager James Condoluci said he understands the city’s concerns, especially with monitoring underage drinking.

“Ninety-nine percent of all customers are responsible, and it would be a little silly to say you can’t walk a beer across the sidewalk to go to where you’re going to sit down,” Condoluci said.

Since evaluating last year’s test run, board members and police said there have been no major problems with the repeal.

As a result, the board proposed Tuesday to keep the repeal in place permanently. A final vote will be made at the next City Council meeting this month.