Council ties liquor license to smoking law

By Marianne Gillespie
Posted Feb 23, 2010 @ 12:39 AM
Last update Feb 24, 2010 @ 04:54 PM
Print Comment

Establishments held responsible for no smoking

Chillicothe aldermen proved they were not blowing smoke about enforcing the Smoke-Free Illinois Act at Monday night’s Chillicothe City Council meeting.

If Chillicothe establishments do not enforce the state law which bans smoking inside public places and outside around large groups, they could lose their liquor licenses. Aldermen unanimously approved the measure.

Mayor Troy Childers Sr., who also serves as the city’s liquor commissioner, will be in charge of what happens to those who do not obey the law.

He told the council he will hold a hearing for each incident, which may result in a warning, or range up to revocation of a liquor license. According to city code, Childers also may invoke a fine up to $1,000.

In a judicial committee meeting before the full council meeting, Childers asked city attorney Mike Seghetti how he should enforce the law, with it being “he said she said.”

“Well, it’s really going to be like anything else as far as the liquor, underage drinking or closing time, or anything like that,” said Seghetti. “We’re holding the bar owner responsible to make sure everybody’s in compliance.”

Additionally, Seghetti said, someone will have to establish that a patron was smoking in the bar and the bar owner or bartender did not call the police.

Alderwoman Judy Cantwell, also the chairwoman of the police/fire committee, noted that anonymous calls to the police department will not be accepted.

Someone must testify as to the alleged incident at a liquor commissioner hearing, according to Seghetti. The parties involved then present the facts and Childers decides on the punishment, if deemed necessary.

Childers also said he, along with Chillicothe Police Chief Steve Maurer, plans to meet with owners about the ordinance.

Aldermen echoed the sentiment of wanting to “level the playing field” for those who are following the law.

Some business owners told aldermen enforcing the no-smoking law is hurting their business when a resident could go down the street and smoke at another establishment.

“It’s our hope that we don’t have to enforce it,” said Underwood in the committee meeting. “We’re trying to create a level playing field here so that all businesses obey the state of Illinois law. That’s all we’re after. We’re not seeking retribution, we’re not trying to prosecute anybody. We just want them to obey the law. That’s our goal.”

Establishments held responsible for no smoking

Chillicothe aldermen proved they were not blowing smoke about enforcing the Smoke-Free Illinois Act at Monday night’s Chillicothe City Council meeting.

If Chillicothe establishments do not enforce the state law which bans smoking inside public places and outside around large groups, they could lose their liquor licenses. Aldermen unanimously approved the measure.

Mayor Troy Childers Sr., who also serves as the city’s liquor commissioner, will be in charge of what happens to those who do not obey the law.

He told the council he will hold a hearing for each incident, which may result in a warning, or range up to revocation of a liquor license. According to city code, Childers also may invoke a fine up to $1,000.

In a judicial committee meeting before the full council meeting, Childers asked city attorney Mike Seghetti how he should enforce the law, with it being “he said she said.”

“Well, it’s really going to be like anything else as far as the liquor, underage drinking or closing time, or anything like that,” said Seghetti. “We’re holding the bar owner responsible to make sure everybody’s in compliance.”

Additionally, Seghetti said, someone will have to establish that a patron was smoking in the bar and the bar owner or bartender did not call the police.

Alderwoman Judy Cantwell, also the chairwoman of the police/fire committee, noted that anonymous calls to the police department will not be accepted.

Someone must testify as to the alleged incident at a liquor commissioner hearing, according to Seghetti. The parties involved then present the facts and Childers decides on the punishment, if deemed necessary.

Childers also said he, along with Chillicothe Police Chief Steve Maurer, plans to meet with owners about the ordinance.

Aldermen echoed the sentiment of wanting to “level the playing field” for those who are following the law.

Some business owners told aldermen enforcing the no-smoking law is hurting their business when a resident could go down the street and smoke at another establishment.

“It’s our hope that we don’t have to enforce it,” said Underwood in the committee meeting. “We’re trying to create a level playing field here so that all businesses obey the state of Illinois law. That’s all we’re after. We’re not seeking retribution, we’re not trying to prosecute anybody. We just want them to obey the law. That’s our goal.”

By not doing anything since the law went into effect in January 2008, aldermen said they felt like the city was assisting those not obeying the law.

“We are, in fact, supporting them versus those who support the act,” said Underwood. “We can’t do that. We have to be fair. That’s the main thing we’re after.”

“The bottom line is the bartenders and the business owners are going to be held accountable for the actions in their bars,” said Cantwell. “It is illegal, whether we like it or not, to smoke inside.”

Cantwell said every year officials have waited for state officials to rewrite the law.

“They didn’t do anybody a favor with how they wrote it with making the health department enforce it,” Cantwell said. “Hopefully, now it will give us a little bit more teeth to be able to do what the
state didn’t do and make it enforceable.”

East Peoria and Chicago both have similar ordinances enforcing the no-smoking law.

“When we took our oath of office, one of the things we took an oath of is to uphold the Illinois laws, and that’s one of them,” said Childers.

Childers said he estimates about half the businesses are enforcing the law and half are not.
Cantwell said she also hopes that other communities will make the law enforceable, as well.

On Tuesday, Maurer said he thinks the people who are smoking should be the ones held liable.

“We are enforcing it as of (Tuesday),” Maurer said, who is currently on medical leave. “I would have rather waited until everyone in the county is enforcing it.”

He added that complaints should be made when the incident occurs and not vague descriptions days later.

Loading commenting interface...

Market Place
Auto
Boats Magazine
Classifieds
Coupons
Homes
Find Chillicothe jobs
Communities
Morton
East Peoria
Washington
Woodford County