Warning Smoking Allowed Here (Updated)
I view compliance with the sign requirements of the new smoke-free ordinance as a sign the business owner is aware of the change that began on Sunday 1/2/2011. The last thing I want is to argue with a proprietor about the law, I want them to know the law so that if a fellow customer lights up inside the owner knows they need to ask them to take it outside or face fines. Entering an establishment lacking the required n0-smoking sign or exemption warning gives me pause, especially if that business had allowed smoking prior to 1/2/2011.
Saturday I thought I’d check out the compliance of a few places that had allowed smoking, I decided to start with establishments owned by two aldermen.
The Cat’s Meow at 2600 S. 11th in Soulard. Â With only 1,173sf on the ground floor of the building there is no question that it falls under the 2,000sf necessary to claim an exemption.
Above the entry is the required sign: “WARNING SMOKING ALLOWED HERE.” The Cat’s Meow website makes no mention of food, clearly it is a bar. A sign at the bottom of the door indicates patrons must be at least 21 to enter. It appears the Ortmann family is in compliance. The Cat’s Meow, however, will need to go smoke-free by January 2, 2016.
Next, to Milo’s on the Hill owned by 10th ward alderman Joe Vollmer.
Milo’s is located at 5201 Wilson. No point beating around the bush, Ald. Vollmer is in violation of the new smoke-free ordinance.
The warning sign is posted to the left of the entry door, but no way does Milo’s meet the criteria for an exemption. What criteria you ask?
Bars in existence on the effective date of this ordinance in which only persons aged twenty one (21) years old or older are permitted to enter the premises, the square footage of the entire floor area of the level of the building on which the bar establishment is located is two thousand (2000) square feet or less. The square footage shall not include kitchen areas, storage areas and bathrooms. The bar shall prominently displays outside of the premises at each entrance and above the bar the following sign in lettering that is black bold Arial font at (ninety-eight) 98 point size: “WARNING : SMOKING ALLOWED HERE”. This exemption for bars shall expire five (5) years after the effective date of this ordinance.
A bar is defined by the ordinance as:
“Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
But in the case of Milo’s:
- Persons under 21 are permitted inside
- The ground floor of the building is 2,532sf which makes the under 2,000sf size questionable, at best.
- The website describes Milo’s as a “Restaurant, Bar, Bocce Garden” and has a complete menu. Restaurants are not exempt.
- Food specials were advertised on a chalkboard out front.
My phone call to Ald. Vollmer was not returned. He is up for reelection this year, he faces Republican Jessee Irwin in the April 5, 2011 general election. I have filed a complaint with the Citizens Service Bureau (CSB).
- Steve Patterson
UPDATE 1/10/2011 @ 5:30pm
I had a very nice message from Ald. Vollmer today. Â He explained the Health Dept visited his business and determined it was under 2,000sf as defined by the ordinance. Â The Health Dept also defined “incidental” food as up to 25% of sales, which he says he meets. Â Before January 2nd Milo’s allowed all ages to enter but now, to comply with the law, he is turning away groups that include persons under 21. Â He’d like to change the law to remove the under 21 requirement but is now considering going smoke-free.



