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Taverns go smoke-free July 5

Workplace ban has many building outdoor venues

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BY MATTHEW OLSON

molson@kenoshanews.com

July 5 will bring the end of smoking in Wisconsin workplaces.

The days leading up to that change have local taverns considering their options and preparing for the effects of the new standards.

Legislation passed last year by the state will effectively ban smoking in all indoor workplaces in Wisconsin, including bars, restaurants and private clubs. Individuals violating those standards will face fines of $100 to $250, and the business can face $100 a day in fines for each day in violation.

Kenosha is no stranger to smoking regulations.

In 2000, the city passed an ordinance that prohibited smoking in all bars and restaurants unless there was a full-service bar, a separate smoking room or more than 50 percent of the establishment’s sales came from alcohol. In 2008, a proposal to ban smoking in all workplaces was taken to a citywide referendum, which was opposed by 52 percent of city voters leading to the proposal being dropped.

But the statewide change means all city bars and restaurants will have to comply with the no-smoking regulations.

“There are bars that will close up that will never open again,” said Larry Kavalauskas, president of the Kenosha Tavern League and owner of Spanky’s Bar and Grill at 2325 52nd St. “I don’t know what taverns are going to do. I don’t know what I’ll do. You’re going to lose customers. It’s scary.”

Outdoor areas booming

Smoking will still be permitted on bar and restaurant patios, which more and more local establishments are working toward.

There are 42 businesses in the city with an outdoor extension, an outdoor area considered to be a part of the business, where smoking is permitted and patrons can bring an alcoholic drink with them while still being considered in the establishment.

Nine businesses have received that extension since April and four more applications are on file with the city.

“We relaxed some of our restrictions so more businesses qualify for the extension and more people are taking advantage of it than before,” said Matthew Knight, Kenosha’s deputy city attorney. “There are certainly more businesses coming in for an extension now.”

Expanding the opportunity for these extensions was legislation, sponsored by Alderman Jesse Downing, which changed the regulations for outdoor extensions. The new regulations, passed in April, allow businesses to have an extension built within 25 feet of a residential building. The previous distance requirement was 100 feet.

The city also raised fees for the outdoor extension by increasing the initial review fee from $50 to $150, the annual outdoor dining fee from $50 to $150 and the processing fee from $50 to $150.

Ready by July 5?

John Pasquali, owner of Pasquali’s Bar at 3216 60th St., obtained an outdoor extension for his business in April. The patio at Pasquali’s still is being constructed and Pasquali hopes the space will be in place by July 5. Pasquali said the outdoor extension seemed like the best way to retain those customers who smoke.

“You don’t want a lot of people just standing outside of your bar,” Pasquali said. “There’s always a habit to take your drink outside, and I don’t want people to get into trouble.”

Pasquali said the outdoor extensions also could be attractive for non-smoking customers. “The summers here are just fantastic, and you want to cater to smokers and non-smokers,” he said.

Kavalauskas said the outdoor extensions will not be put to much use in the winter though, and the cost of creating those structures can be prohibitive for many establishments. Kavalauskas said time will tell what the final effects will be.

“I don’t know what the answer is,” Kavalauskas said. “I think we’re going to lose 15 to 20 percent of customers. The economy is not good and taverns are doing poorly. This will be the final nail for quite a few taverns in the state.”

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