Published: July 12, 2008 12:15 am      

Liquor license debated over report of smoking

CLINTON — On Tuesday, the Clinton City Council became another venue in which the new Iowa smoking ban was debated.

Prior to the council approving the Consent Agenda, Second Ward Councilman Mike Kearney asked the council to remove the 25th resolution from the agenda so it could be discussed under the time allotted at the end of the council meeting to discuss unfinished business. The resolution in question would approve renewal of the liquor license with Sunday sales privilege for Paul’s Tap, 1106 S. Eighth St.

Later, Kearney said he went to the bar on Monday and saw the business was not displaying a “no smoking” sign, as required by state law. Kearney added he saw the bartender at Paul’s Tap openly smoking a cigarette inside the building and stated that as he is sworn to uphold the law, he would vote against renewing the bar’s liquor license.

At-Large Councilwoman Bette Oakley said that while she agreed with Kearney’s sentiment, local enforcement of the new Iowa Smokefree Air Act has not been identified. She said until legislators iron out draft administrative rules to enforce the law, municipalities are “stuck.” City Administrator Gary Boden remarked enforcement of any state code is within the purview of any local government, but said he believes the point of resting responsibility to lie with the County Department of Public Health. City Attorney Paul Walter said the Iowa Department of Public Health has authority over the issue, but the administrative rules pass enforcement to local police departments and added he thinks the rules are under review.

Boden said if the bar is in violation of the act, it is in violation of state law, but questioned how the law is to be administrated. He said if what Kearney said is true, it is not a question of a violation, but a question of how to establish enforcement. Walter advised that the IDPH recommends violations be reported online via the department’s Web site.

“Which is what we will do I guess,” Boden said.

Oakley asked if the alleged violation was enough to hold the bar’s liquor license. At-Large Councilman Ron Mallicoat asked Kearney if there were any other witnesses to the alleged violation. Kearney advised that he had seen the action with his own eyes. Mallicoat stated that people at the recent River Boat Days celebration on the riverfront were smoking, but he did not take it upon himself to enforce the smoking ban. At-Large Councilman Mark Vulich told Kearney to look at the front door of City Hall, noting he would not see a “no smoking” sign there and asked, “Are you going to turn us in too?” Kearney noted he had spoken with the city attorney about the necessity of the signs and that issue was being resolved soon.

The council voted to approve the liquor license and Sunday sales privilege for Paul’s Tap by a vote of six to one, with Kearney voting no.

In a telephone interview on Wednesday, Kearney said that first and foremost, the city should be following city ordinances and state and federal laws. He said that as of now, every city building and every city vehicle has the required “no smoking” sign posted on it.

Kearney said this was the first time he has gone to an establishment to investigate it before potentially approving its liquor license. He added that he has been told many alcohol-serving establishments in Clinton are openly flauting the law and he stated he will make a report if he sees something in violation of the law.

Dave Greaves, owner of Paul’s Tap, said he had been enforcing the ban in his bar since July 1, but became frustrated as he continuously lost customers to other Clinton establishments allowing smoking in their buildings despite the law including, he said, the one across the street. He said that after being told nearly a dozen customers left Paul’s Tap on Monday evening to go to another bar allowing smoking, at 5:30 p.m. he directed the sign be taken down and the bartender to allow customers to smoke in order not to lose more income, saying he already has lost thousands of dollars in revenue due to the ban.

“I was legit and I was losing money. I can’t compete with places that are allowing their customers to smoke. When I pulled it, people came back in,” he said.

Greaves said he is upset that Kearney did not say anything to the bartender on duty, nor call the owner to discuss the matter before bringing the incident up at the council meeting Tuesday. He said that the way licensing is currently structured, his liquor license first must be approved by the city council before it goes to the Iowa Alcohol and Beverages Division.

Greaves argued that state legislators who pushed for the smoking ban are using it as a way to force taverns out of business.

“In my opinion, this is an avenue to close the bars without calling it prohibition,” he said. “They have no sufficient evidence that secondhand smoke causes cancer. Our state government did not do their homework before passing that law.”

“It should be up to the establishment whether they want to be smoking or non-smoking. I’m a privately-owned business, just trying to make a living, and they’re making it hard on me,” Greaves added. “There are more health-related issues out there to be worried about than secondhand smoke. I just think we’re getting the shaft.”