Local bars add smoke shelters

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Vance Tuffs, foreground, and Steve Somerville, of TS Services, Mitchell, install motion-censor heaters Monday inside the new smoking shelter at Thirsty’s Lounge in Mitchell. (Chris Huber/Republic Photo)

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Some Mitchell bar owners, stinging from revenue downturns, are building covered areas to provide shelter for customers who smoke.

On Monday afternoon at City Hall, two bars received approval for smokers’ shelters from the Mitchell Planning and Zoning Commission. Thirsty’s has built a steel structure adjacent to its patio, while two casinos and a sports bar in the Village Bowl complex have plans for plastic and canvas shelters by doors where smokers can go outside for a puff.

The Kongo Klub has also built an area for smokers and Big Dummy’s has added an area for smokers, the commissioners were told.

A state law passed Nov. 2 bans smoking in most public places. Since it went into effect, some bars have reported a decline in business, making it more important for them to find a way to keep their customers happy.

Steve Brinkman, who serves as general manager of the Village Bowl complex, said bar sales and video lottery profits have declined since the ban was enacted.

“We’ve lost so much business,” Brinkman told the commission. “Our business is down and our expenses are up.”

His expenses will include buying and erecting three of the awnings for smokers. They have a hard plastic shell with canvas on the sides and an open entrance. One is already in place and two more will be added. Another casino in the complex was already smoke free before the new ban was enacted.

Thirsty’s has built a steel structure that will offer shelter for smokers. On Monday, motion-activated heating units were being placed inside the addition.

Both the Thirsty’s addition and the awnings at the bowling center will have to have sprinklers, Mitchell Building Inspector John Hegg said during the meeting.

Any business that is less than 5,000 square feet, or receives exceptions for fire safety efforts, doesn’t have to have sprinklers to battle fire, Hegg said. Larger businesses must offer the fire suppression system.

He said he is only concerned with local businesses meeting local guidelines. State policies on the smokers’ shelters aren’t the city’s concern, Hegg said.

Doug Aslesen, owner/operator of Thirsty’s, said he has asked questions of state and local officials on how to construct a shelter and received conflicting answers.

Aslesen reported that, according to the interpretation of Davison County State’s Attorney Pat Smith, the shelters must have an open side and cannot be completely enclosed.

Others have said a gap at the top or bottom of a wall meets the definition of not enclosed, Aslesen said. Some Sioux Falls businesses are building completely enclosed shelters, he said.

“I don’t know what I’m supposed to be building,” Aslesen said.

Public Works Director Tim McGannon, who sat in on the meeting, said he thinks that question will require a legal solution.

“The first one who gets a ticket with an 8-, 12- or 14-inch gap will be a test case,” McGannon said.

Hegg agreed. “Let a judge decide,” he said.

Thirsty’s had started building the shelter and had shown its project to Hegg before coming to the planners.

City Planner Neil Putnam said if an addition requires a building permit, it must come before the Planning and Zoning Commission. Putnam said some businesses are not aware of the process and rules that govern it.

A good rule of thumb is if a structure requires a roof, a permit is needed, he said.

The commissioners said they were wary of offering much advice or making many requirements because they believe there is a good chance the recently passed law may be modified by the Legislature.

A sharp loss in business — and the tax revenue that goes with it — may force some action, Commissioner Bernie Schmucker said.

“It may be all out the window in two months — you don’t know,” Commission Chairman Don Meyers said.

Brinkman said a bill or bills proposing allowing smoking in gaming areas may be introduced during the 2011 legislative session.

“I’ve been talking to a lot of people and a lot of the people would be OK to allow smokers in the casinos,” he said. “If we could just have smoking in the casinos, that would address everything.”

He noted that Indian casinos in the state still allow smoking in gaming areas. The difference is noticeable for local businesses, Brinkman said.

“It’s getting to be pretty devastating at this point,” he said.

Brinkman said none of his employees have seen their hours reduced, nor has he had to lay anyone off. But he said people who own and manage casinos in Sioux Falls have told him more bad news for them is on the way.

A new casino in Iowa that will open next summer will allow smoking in gambling areas, he said. Those gamblers won’t have to stand outside and puff, Brinkman noted.

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