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Tempe bar, restaurant owners try to amend smoking ban


Tempe restaurant and bar owners, upset about dropping sales since the city-wide smoking ban took effect, are trying to amend the controversial new ordinance.

Nearly 30 restaurant and bar owners attended a meeting last week to discuss a plan of action. They formed a committee of three bar owners who will meet with a lawyer next week to draft amendments to the smoking ordinance to eliminate its restrictive rules.

At least 9,000 voters' signatures are needed for Tempe City Council to consider a special election. Without a special election, amendments will not be voted on until March 2004.

On May 21, Tempe voters passed Proposition 200, the controversial measure that ended smoking in all city restaurants and bars.

Jerry Piorkowski, owner of Mill Ave. Beer Co. at 605 S. Mill Ave., said since June 1, business at his bar has been down 40 percent.

"If we (business owners) cannot turn the politicians around, we are not going to win," said Piorkowski, who has owned the business for the past nine years.

Bar and restaurant owners say that Tempe's new sidewalk café proposal, which will make it easier for Mill Avenue bars and restaurants to build sidewalk cafes, will help attract more smoking customers, but it will only positively affect those with the ability to build a patio.

Bill Weigele, president of the Arizona Licensed Beverage Association, said businesses that are not allowed to have patios will be hurt the most from Proposition 200.

"We don't see any long-term relief from Proposition 200, but we will continue to stay in this fight," Weigele said.

Weigele said there is an 18 to 20 percent average business drop in about 45 bars and restaurants in Tempe. He said the decline in business has already taken into account the general decline in business since Sept. 11 and the 2002 summer season.

Leland Fairbanks, the retired Tempe physician who led the successful effort to ban smoking, said business in Tempe is always down in the summer.

"Every time these (laws) pass, there are efforts from friends of dirty air to overturn it - this is just par for the course," Fairbanks said. "It is time to start promoting health and not smoking."

Sean Cleary, general manager of Doc & Eddy's Sports Bar at 909 E. Minton Drive, said he talked to a number of non-smokers who did not know how businesses were being affected by the ordinance.

"We need to educate the city of Tempe what this is doing to our businesses," Cleary said. "We want to make a little revision to Proposition 200 so that we do not see mom-and-pop businesses die."

Cleary said the 15-year-old establishment has taken a 28 percent hit since the smoking ordinance took effect, a drop that is unrelated to the events of Sept. 11.

"Our busiest months were around Sept. 11," he said. "We are completely in support of a smoking ordinance, just not as extreme as Prop 200 - that's unjust. Prop 200 is a good thing for the whole state."

Cleary said the unemployment rate in Tempe is already high enough.

"I am really curious to find out where students are going to find jobs," he added.

Reach the reporter at erin.hawksworth@asu.edu.


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