City beat from the March 12 City Council meeting: For minutes and schedule, visit springfieldmo.gov/citycouncil
At the March 12 Springfield City Council meeting, 15 speakers sounded off on an initiative petition that would repeal the smoking ban placed on most businesses in the city.
While business owners weighed in on both sides of the issue, only four members of the public spoke in favor of sending the measure to the polls for the second time in two years. With 53 percent of the vote in April 2011, Springfield citizens approved a smoking ban in enclosed public places for all but hotels and taxi cabs. In its challenge of the law, Live Free Springfield collected more than 2,000 signatures that were provided to the city Feb. 9.
At the meeting, several business owners addressed the smoking ban, with most arguing for a repeal.
Jessica Hutson, co-owner of tobacco shop Just For Him, talked about the ripple effect the ban can have on other businesses. She said more of the shop’s out-of-town customers are frequenting her shop less often. “The mall loses out; gas stations lose out,” she said.
Will Scruggs, owner of Smoke 51 Outlet, which sells electronic cigarettes in the Battlefield Mall, said his first-quarter revenues in 2012 are down 50 percent compared to the same period last year. Jim Knight, owner of Knightyme Bar & Billiards Inc. at the corner of West Division Street and West Bypass, said his 2011 revenues fell 25 percent compared to 2010, and he attributed the losses at the blue-collar bar to the smoking ban.
Knight said he knew of a number of bars that had closed and he believed the ban was largely to blame. “It’s our livelihood, not yours,” Knight told council.
However, Anne Kim, partner in downtown Springfield establishments Finnegan’s Wake LLC and Ophelia’s, said her revenues are up more than 10 percent at both locations since the ban went into effect.
“We’ve seen a big increase, and I think it’s because now we are on an even playing field,” Kim said, adding that Ophelia’s was smoke-free prior to the ban.
Kim said at Finnegan’s Wake, she has noticed a decrease in the number of sick days her employees have taken since the ban has been in place.
Sonja Shaw, owner of Springfield print and copy shop PostNet, 2039 E. Independence St., said there have been some unintended consequences of the ordinance, chiefly that smokers are now pushed outside for all to see and navigate around. Shaw, who identified herself as a nonsmoker, suggested the city modify the ordinance to increase the 5-foot distance smokers must observe from entrances.
“It’s turned into a small lounge outside,” Shaw said about employees and patrons of the nearby Fox and Hound pub, adding that her customers have to occasionally walk around them. “It can deter potential business.”
Representatives of the Elks Lodge and Sertoma Club said their charitable donations have fallen off in recent months due to a loss of smokers who would historically contribute to their efforts.
City Manager Greg Burris said sales tax receipts in the months following the ban were roughly flat for bars and restaurants.
A disagreement about whether council could pass the repeal by a simple majority of its members also was part of the 90-minute public hearing.
City Attorney Dan Wichmer debated with Joe Easter of Easter Law Firm LLC, who represented smoke-free educational organization One Air Alliance, over what action council could take when the issue receives a second reading on March 26. Citing city charter, Easter said voter-approved initiatives could not be repealed unless council voted unanimously to remove the ordinance from the books. In addition, One Air Alliance issued a letter of opinion from a Kansas City-based Husch Blackwell attorney who said the charter language “clearly and unambiguously” states a unanimous vote is required to repeal the ban. The letter advocates that council send the measure back to voters.
Wichmer interpreted the charter to say council could approve the repeal ordinance by a simple majority vote. “There is no prohibition in the law to having subsequent initiative petitions,” Wichmer said, emphasizing the repeal ordinance is a separate petition from the smoking ban in place.
Council is expected to vote on the initiative March 26.
Downtown drinksUrban Districts Alliance officials are asking the city to allow more designated events where downtown businesses could serve alcohol outside of their establishments.
UDA is seeking permission for five events per year following what Burris called a successful pilot program that permitted appropriately licensed businesses around Park Central Square to sell alcohol during Taste of Springfield. Burris said a record 10,000 people attended the fall event.
The bill would permit alcohol to be sold in and around the square for up to 12 hours a day and for no more than three days per event.
Brad Erwin, president of Paragon Architecture Inc. and member of The Network’s Next Cities Task Force, spoke in favor of the move. The Network is a group of professionals under the age of 40 in the Springfield area from a variety of disciplines organized by the Springfield Area Chamber of Commerce. The Next Cities Task Force was established as a sub-group with the goal of finding ways to make Springfield more attractive to young professionals. Erwin said more events where alcohol is served in a controlled environment make the community a more attractive place to live and work.
“It’s important that young professionals see that the city has many of the types of events that other communities are offering,” Erwin said. “This could help keep the best and the brightest here.”
No one spoke against the bill that is scheduled to go to a vote March 26.[[In-content Ad]]
