Panel OKs ban relief

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Superior’s License and Fees Committee wrapped up work on ordinances designed to help businesses serve smoking customers when the state’s smoking ban goes into effect next July.

While the ban prohibits smokers from lighting up in indoor workplaces, including bars and restaurants, the panel gave its stamp of approval to two ordinances that will allow bar and restaurant customers to be served outdoors, where they can smoke.

A number of municipalities around the state and Duluth in Minnesota have established regulations that allow smokers to take their drinks outdoors under specific circumstances so they can smoke.

“We’re not reinventing the wheel,” said City Clerk Terry Kalan. She said Superior’s proposed ordinances were modeled after one’s adopted in Madison.

Under the proposed outdoor liquor license, tavern owners would be required to apply and submit a site plan that would describe the proposed features and measures of control for the outdoor space. The application, like other liquor licenses, would require approval by the police, fire, health and building inspection departments. In addition, the proposal would require approval of the license and fees committee, which would review the plan.

The panel would take neighborhood conditions and impact, noise, parking, hours of operation, security and monitoring into consideration when determining whether to issue to license to expand the premise to the outdoors.

The license would cost $100 on a one-time basis unless there are major modifications made to the outdoor area.

While the fire department would determine occupancy limits for the outdoor service area, Superior Fire Chief Jim Rigstad said the capacity of the entire premise could not exceed the occupancy of the indoor space because of weather conditions.

The sidewalk café license would allow establishments that hold full-service restaurant licenses to extend their premise to city sidewalks with council approval. Like the outdoor liquor license, the application must include a site plan and the same approvals would be required. A one-time $100 application fee would also be required.

Hours of operation would be allowed 10 a.m. to 10 p.m. and furniture would have to be removed nightly and cannot be replaced before 10 a.m. Alcohol service would be limited to customers seated in the café. Operators would be required to obtain a lease with the city to use the sidewalk, and must carry a $1 million liability policy for the licensed site.

The proposed license period would run concurrent to the liquor license, July 1-June 30 each year.

The council considers adopting the ordinances Oct. 6.

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