I understand the need for rules, ordinances and all that utter mutter jazz.
However this a town with a rich German Heritage I am surprised that the city did not have a regulation on the books from the early 1900's about Bier Gartens.
We have a couple of issues at hand, one is Rules for the beer gardens(noise ordinance) and the other is interpreting the smoking law, or smoking ban.
Let's tackle the no smoking in workplaces issue first.
From the Whig
For example, Quincy Police Chief Rob Copley has a more conservative interpretation of the state law. "As I read this, this does not allow for smoking in beer gardens," he said during Wednesday's meeting in the council chambers at City Hall.
Copley argues that a beer garden would still be regarded as a "work place," and as such it would be off-limits to smoking.But copely shows his true feelings, which have nothing to do with workers safety, in his next sentence.Copley said he cautions Quincy officials against allowing a tavern to have "an uncontrolled party place" such as this.
"I don't think we should allow that," he said. "That is the recipe for nothing but trouble."
Next he'll be in my fridge taking my beer because I'm in an uncontrolled party place.
Now, now Robbie let's not take things to extremes...the law was written so there would be a little wiggle room as with most laws.
For instance smoking in a police car, that never happens, right....
But if you interpret it the Chief's way you would really be banning smoking from everywhere. Yes everywhere, hear me out on this; So if I have a cleaning crew like Merry Maids contracted to clean my house, then I can't smoke in my house. If I have Lawn Solutions contracted to spray my yard then I can't smoke in my yard. I can't smoke in my car because we have road crews that work on the roads. I can't smoke in my boat on the river because we have the Corp and River Rangers out there.
I believe the tavern owners are trying to operate in good faith by opening these Beer Gardens, if they don't have waitress service out in the Beer Garden and people will throw their own trash away, I don't see how you can deny them the Beer Garden based on the smoking ban.
However the noise issue that is another story.
The city has several business that operate outdoor dining areas and I don't believe that it has ever been an issue.
Tower of Pizza has roof and serves alcohol and is open until midnite. But it is a business district zoned for that kind of use I assume (ass-u-me)
Sprouts has an outdoor eating area and I think they serve beer.
No problems?
TCBY has a place to sit outside and is similarly zoned as Uncle Bob's.
No problems?
The Dock has outdoor seating, granted it is very secluded.
The cities noise ordinance is weak at best it leaves just about everything up to the discretion of the officer issuing the ticket. There are no decibel levels listed. for instance you get pulled over by one of Quincy's finest, for a noisey muffler, that you just had installed. The muffler is operating as it was manufactured, it's just too loud by his standards. Yet we can have a Harley that is louder than any car and no tickets.
Let them have the Beer Gardens open until midnite in Friday and Saturday, and 10pm and weekdays. The bars close at 1 am anyway, so the smokers will have to chew some nicorette for an hour.
Chief Copely please don't turn into Barney Fife and start arresting people for Jay-walking, Barney was funny but we knew that Andy was the brains.
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18 comments:
Talk about a 180. Solid work.
UMR will be by shortly to explain this in no less than 700 words. We await his lawyering skills.
read the smokehouse he did a goodjob on this issue....
Chief Asshat !
I think its funny all these bar owners and beer tenders are going to have to get real jobs.
Chuck Bevelheimer was very clear that except in a non-conforming use (like Uncle Bob's--in a zoned residential area), any bar owner with the space can throw down a slab and put up a fence around it and doesn't need city permission (assuming it doesn't encroach on city right of way or other people's property).
But if they want to put up lights or slap a roof on it, then it's a planning and council issue.
So if any of these non-residential bars want to go that route, they can, right now. But only a slab and a fence. No lights, no roof.
So you would have preferred the Chief keep silent as to whether he thought there really was a BG exception to the SFIA?
If the owner would build the thing out and catch a smoking ticket later, you can be sure he/she would have been the first to say "Well, we talked about this and the Chief never said anything about there being a possible problem!"
I read the Chief's discussion of the SFIA as a courtesy from the Chief to the applicant.
Operator was still free to hire his own lawyer and rely on that lawyer's interpretation.
Nacht der langen Messer
The Night of Long Knives !
Damn Brown shirts all over the City !
UMR ........
Even HITLER needed Joseph Goebbels !
:)
Food for thought Pot stirred !
I would Prefer the Chief not interpret, but if ABC read it for him and thinks that is what the law reads, then maybe what ABC/UMR needs to do is interpret just what would be legal. So that the folks who own these places,(and wish to continue to be an enabler on the smokers never ending endeavor to contract cancer) would know just how to put up a smoking area tha would conform to the law.
I think I have interpreted the proposed law correctly in saying that if you dom't have any employees out there and people put out their cancer sticks 15' from the door then the place is legit. Tell me where I am wrong. I mean where does the "place of employment start and stop"? Employees of Wal-Mart push carts on the parking lot. Does That mean there will be no smoking on the Wal_mart parking lot?
Goebbels comment,
On the smoking thing, I don't think your beef is with Chief Copley. This is a statewide undertaking.
I hate to disturb a perfectly good theme and I know you want it to be so. Still, it is useful, when you're championing a proposition if there is some at least meager factual basis to support your position.
H-W, If the place has no employees at all, I think your theory might work. There is still an inherent problem as to what the premises are. The liquor license grants privileges to the BG as well so it can be argued it is part of the "public place".
I talked about this in the Basin over the weekend.
UMR
So what about the parking lot?
Goebbels comment
Was for your enjoyment ! Even though I think you know I am not the biggest fan of our Chief Brownshirt ! It could just be the perseption of his non ability to come off as anything but an SA member while addressing the public .
See ya the 3rd !
Just have the "employees" become self employed in those smoking areas. It sounds like that might work. Maybe?
sub contract the work out !
hahahahaha
Parking Lot's not part of the licensed premises, SMFIA doesn't regulate smoking beyond 15 feet from door/ventilation system.
Parking lot is, as long as the perimeter is maintained not a violation. Of course, having an open beer is.
Sean hits on another thing that was tried in California by small sports bar ops. "Intern" wait staff for college credit no less and outside contractor cleanup. Outside contractor thing didn't work out so well. "Intern" wait staff had Workers' Comp issues (and some horny biker bar issues, too).
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