Suburb's Smoking Ban Faces Growing Pressure

Source from:  Anthony Lonetree, Star Tribune August 7, 2005 SMOKING0807  08/08/2005

It's one thing to have a smoking ban cut into your nighttime profits; it's quite another to have to fend off rumors that it has forced you out of business. At Shantytown Bar & Grill in Bloomington recently, co-owner Peter Taykalo was surprised to hear four women say they were relieved to have one last meal at the "landmark" burger joint before it closed. Say that again? No, Shantytown is not closing. But, yes, word of liquor sales slipping, charitable gambling revenues shrinking, and bars and clubs struggling with the city's smoking ban have all added up to a sticky problem for Bloomington. A year after it led the way among metro area cities and counties in enacting smoking restrictions, the Bloomington City Council has called for an economic impact report on the city's ban, to be presented to council members Aug. 15. The move in early June preceded Hennepin County's recent request for a study on the effects of its smoking ban. But while the county maneuver hinted at a potential rollback in restrictions, such a change could be harder to come by in Bloomington. Last year's vote in favor of the city's ban was strong, 6-1. But the strength of that support is softening. Council Member Heather Harden was proud enough of her vote for the smoking ban last year to write about it in the Star Tribune. But Thursday she said temporary relief ought to be provided to businesses whose main customers are smokers -- primarily, she said, those offering charitable gambling. "The lightning bolt idea" -- the best way to limit smoking without hurting business -- has yet to hit, Harden said. "But I'll listen," she added. The pressure is building. In an affidavit to the Minnesota Court of Appeals in June, Patricia Gustner, general manager of Earl C. Hill American Legion Post 550, said that the Legion could be "out of business in one to two months." John Bianchi, of the Bloomington Amateur Hockey Association, said Wednesday that charitable gambling proceeds that have subsidized rink rental costs for families have dropped an average of 40 percent per month during the four months of the city's ban. "I'm against smoking," he said. "But we have to figure a way that people can retain their jobs and businesses can continue to protect their revenue," while safeguarding public health. The ban, he said, has put "daggers in the hearts of our charitable gambling efforts." Lost customers Separate smoking bans began March 31 in Bloomington, Minneapolis, Golden Valley and in Hennepin and Ramsey counties. Throughout Hennepin County, indoor smoking is banned in all bars and restaurants, while in Ramsey County, including St. Paul, establishments that sell more liquor than food can be exempted from the restrictions. In Bloomington, Monica Nanstad, a bartender at Shantytown, notes that the establishment is minutes from Burnsville in restrictions-free Dakota County. It's the sort of thing you also hear in northeast Minneapolis, where bar owners complain of customers' flight to ban-free Anoka County. However, a recent survey for the Minnesota Partnership for Action Against Tobacco found that 14 percent of the 403 Bloomington voters surveyed made a special trip outside the city to go to a restaurant or bar that allowed smoking. Seventy-six percent favored indoor smoke-free policies. Still, representatives of bars and private clubs who appeared before the Bloomington council June 6 had sobering details to share: • A $65,000 drop in charitable gambling revenues in April at Eagles Aerie 3208. • A 61 percent cut in Saturday night business, and 32 percent on Fridays, at Shantytown. • A $100,000, or 50 percent, reduction in charitable gambling proceeds in May at Everett R. McClay VFW Post 1296. • Tips down dramatically at David Fong's Restaurant. "Hopefully, we can reach our council," said Jim Algeo, who is active in several charitable groups and now is a council candidate. "We're trying to give them a way out on this thing." Looking to county City Manager Mark Bernhardson said Friday that it was too early to say what the three-month economic impact study may show. In June, looking at April data, he had said it appeared liquor sales were down 5 to 7 percent citywide. Council Member Steve Peterson, an early supporter of the ban, said the city's history as a once-dry town created a situation where most liquor-license holders sell more food than booze, meaning a Ramsey County-style exemption likely would have little effect. A move to exempt private clubs, he added, would probably be opposed by commercial establishments. But Peterson said if Hennepin County were to change its ban in ways that made Bloomington's businesses "seriously uncompetitive," the council would have to study possible revisions. At Shantytown, in the meantime, there are likely to be continued exchanges like that overheard last Monday, when Ray, a regular who uses a walker, shuffled in the door. "I heard rumors," he said. "Yes?" the bartender said. "The place is up for sale." Enditem