DeKalb smoking ban still begins Sept. 1

DeKALB - Despite a plea from area tavern owners to delay the date on which they have to start abiding by the city's smoking ban, the DeKalb City Council decided Monday to keep the Sept. 1 implementation date. With only two council members supporting an extension, bar owners will have to go smoke-free after the end of this month. DeKalb restaurants had to implement the ban Sept. 1, 2006. The council passed the ban Feb. 27, 2006. A statewide ban goes into effect Jan. 1. Third Ward Alderman Victor Wogen and 4th Ward Alderwoman Donna Gorski voted in favor of the extension, but 1st Ward Alderman Bertrand Simpson, 7th Ward Alderman Brent Keller, 2nd Ward Alderman Kris Povlsen and 5th Ward Alderman Ron Naylor voted against the delay. Sixth Ward Alderman David Baker was not present. Seven bar and bowling alley owners requested the delay to allow their businesses to compete on a &#8220level playing field” with establishments in other cities and towns that do not have a ban in place. Mayor Frank Van Buer said he was disappointed to see the request on the evening's agenda because it had been a two-year process to institute the ban. &#8220We listened to all issues before,” Van Buer said. &#8220It would be a sorry footnote to our deliberations. Data we have from the area and around the world does not support loss of revenue.” Also on Monday, the council discussed creating a new type of Class A liquor license. The central business district license, or Class A-CBD license, was described by City Attorney Norma Guess as a hybrid of a Class A license and a Class E license. Class A licenses allow for establishments to sell more liquor than food, and Class E licensed businesses are not permitted to stay open as late as Class A businesses, Guess said. Food and alcohol ratios and hours would be determined on a case-by-case basis for the new license, Guess said. If approved, it would be the first new liquor license the city has created in about 30 years. The idea behind creating the new type of license started as a way to allow Debut Winecafe - which would operate as a wine bar that also would sell packaged alcohol to take home - to open in downtown DeKalb. The developers of Debut Winecafe requested to use the Class A license formerly held by Bar One, which lost the license May 31. But council members requested that city staff create a new type of license that would allow aldermen to have more say in how the establishment was run, while keeping the existing liquor license for another tavern. &#8220We were trying to get away from making it specific to one business,” Guess said. &#8220The best way to do that is to create the new liquor licenses as individuals.” If the Class A-CBD license goes into effect, establishments that want the license would have to complete a development agreement that would specify the theme and style of the business. The business owner also would need to have several years of experience in the liquor industry. The council would reserve the right to revoke the license if the business owner does not adhere to the development agreement, Guess said. &#8220Minor changes would be submitted to the liquor commission for approval, but major changes would have to come back to city council,” Guess said. &#8220If a nice sit-down restaurant suddenly becomes a bar that's selling 90 percent alcohol, council could step in.” As part of the development agreement, the business owner would have to submit façade plans that would have to fit downtown redevelopment plans. Plans for surveillance systems and employee training for evacuations due to emergencies also must be included. Costs for the new license would be 30 percent higher than Class A charges, Guess said, because city staff would have to put in more time to ensure the business is adhering to the development agreement. Povlsen expressed unease at the prospect of losing the limit on the number of central business district liquor establishments that could open downtown, even though council can decide who receives a license. &#8220My concern is what's to stop several bars from opening?” Povlsen said. &#8220I guess we could stop it from happening, but 20, 30, 40 years from now? I'm concerned we're setting downtown up to be bar and alcohol central.” Class A establishments in the past have expanded without the council's say in the matter, Van Buer said. &#8220I think this is a step forward for us in terms of recognizing that we want to have a role in what kind of hospitality we have in the community,” Van Buer said. The council will revisit the issue during its Aug. 27 meeting. Benji Feldheim can be reached at bfeldheim@daily-chronicle.com.