By JAMIE BUSEN
Herald-Whig Staff Writer
State Street Bar and Grill owner Jerry Schmidt has told the Quincy City Council and Quincy Plan Commission a beer garden would give his patrons a "centralized" place to go outside.
After a neighbor complained about trash, Schmidt did admit the cigarette butts sometimes blow into the street, but that's happening all over the city since the state's smoking ban went into effect Jan. 1.
More and more bar owners are trying to obtain beer garden licenses to accommodate patrons who want to smoke. Jed's Brew House, Uncle Bob's, The Dock, Twilight Zone, Jake's Brews and Cues, Hootie's, Harrison Pub, State Street Bar and Grill, and Cedar Club have all applied for a beer garden license.
City Planner Chuck Bevelheimer said that Hootie's needs to make corrections to fences before the city will issue a license. Harrison Pub needs to address zoning before seeking a license, and the city was told it wasn't going to use the outdoor area for drinking.
Bevelheimer said The Dock has been in conversations with the city. The Twilight Zone, Uncle Bob's and Jake's beer gardens are in accordance with the law.
The City Council approved a beer garden for State Street Bar and Grill last month.
"All outdoor eating and drinking areas associated with taverns need to get their license to establish a beer garden," Bevelheimer said. If they don't, and they allow patrons to be outside with alcohol, they are in violation of the law, he said.
Bevelheimer said that since the beer garden ordinance requires a city license, no grandfathering rights occur.
A bar may have an outdoor area as a smoking area with no license required if there is no alcohol taken outside.
"We recognize the bars are trying to make accommodations," he said.
The beer garden ordinance was adopted by the Quincy City Council in January. It requires bar owners to obtain a special Class H license. It requires the garden to be partially enclosed by a "sight proof solid permanent fence or wall, six feet in height." It also says music may be played until 10 p.m., unless an exception is granted.
-- jbusen@whig.com/221-3385