Newspapers / Daily Tar Heel (Chapel … / July 21, 1994, edition 1 / Page 2
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2 Thursday, July 21,1994 Restaurants, Bars Find Complying With Smoking Ordinance Difficult BYLYNN HOUSER CrY EDITOR Restaurant and bar patrons who hoped the smoke would cle-r July 1 when the second stage of the county’s smoking ordi nance went into effect may be disappointed. Orange County restaurants were re quired to set aside at least half of their seating for nonsmokers by July 1, but many restaurants have been slow to put the mea sures into effect. The logistics of separating the tables creates a problem, said Sharon Powell, a manager at Ham’s. “We have a nonsmok ing section, but it’s not half,” she said. Ham’s nonsmoking section is in a sepa rate area of the restaurant, Powell said. To divide the restaurant in half would mean that some smokers would be sitting at tables beside nonsmokers. “That defeats the pur pose,” she said. The expense of erecting walls and add ing ventilation is too much to expect from small business owners, said Kevin Qyde, owner of Henderson Street Bar and Grill. “Unless you already have two separate rooms, it’s impossible to do unless you spend thousands of dollars,” Qyde said. The Orange County Board of Health passed the smoking ordinance Oct. 7. One section of the ordinance requires all eating establishments with a seating capacity of 30 or more to designate non smoking areas with a conspicuous sign. The ordinance excludes private clubs, POLICE FROM PAGE 1 ing of two white outside candidates over in-house black candidates. Ennis reversed her original hiring deci sions for three positions two security guard supervisors and a security guard commander after several participants complained that the candidate assessment process was inconsistent. Ennis then decided to uphold the three original appointments while a second as sessment process was completed. University Police decided not to reap point Crawford after the second and most recent assessment process was completed, leading him to file a Step 4 grievance, whichbypassestheUniversityappealspro cess and goes right to the State Personnel Commission. He claims the University Police discriminated against him by deny ing him the veteran’s preference due him Super Berry Lipstick, tor a luscious, raspberries and . ■ i.-j. u.',: cream smile. And Pink Plush Beyond Blusher with- H Applicators, oil-free, stay-put colour that blends to per- - - fection on cheeks, lips, eyes. One bonus to a custom- I er, please. All this week. While supplies last. For a fast, free skin analysis, come and meet the Clinique is a total system of skin care. And the very heart of the system is the Clinique Computer. Programmed by a group of leading dermatol- \\ A ogists, it asks eight essential questions and analyzes the answers to de- k \ termine skin type and the proper Clinique products and procedures. Then * "S'v a sequence of three minutes in the morning and another three minutes ’A ‘Z *ll I y at night results in better looking skin. Dillards -Vt mk .■ ■ M Allergy Tested. 100% Fragrance Free. v Clinique - DILLARD'S but only if those clubs are operated by the membership instead of by an owner and are not profit-oriented, said Geoffrey Gledhill, a Hillsborough attorney who advised the board ofhealth on the smoking ordinance. In October of last year, establishments were required to set aside at least one-third of their seating capacity for nonsmokers. The second step, which went into effective July 1, increased that area to half of the seating capacity. The third step of the ordinance will take place July 1, 1995, when smoking will be allowed only in an area of the establish ment with a separate ventilation system. Eating establishments with seating for fewer than 30 patrons must designate the entire place as either smoking or nonsmok ing and must post a sign to that effect at the patron entrance. But by next July, even those places must have an area with sepa rate ventilation for smokers. “We don’t have enough seating capac ity for it to apply to us,” said Mike Stout, owner of Bub O’Malley’s. He said when the stricter law went into effect next July, he would deal with the problem then. The question ofwhether bars that don’t sell food, such as He’s Not Here, are cov ered by the smoking ordinance is not spelled out, but Gledhill said it appeared they would be covered underthe rules for “places of employment.” Because the health department rules are new and both Qiapel Hill and Carrboro under a state law which, holding other factors equal, gives a veteran priority. “Even if I did score legitimately lower on the second assessment center, I still should have been afforded the veteran’s preference,” Crawford said. However, Carolyn Elfland, associate vice chancellor for business and the over seer of University Police, said not every veteran was eligible. In Crawford’s termination letter, Ennis encouraged him to apply for an open po lice officer position that was at the same salary grade but had less responsibility. Although Crawford said he believed this position would not be a wise career move, he decided to apply because he had a family to feed. “You go from supervising 17 people to being supervised.” Elfland would not comment on Crawford’s situation. She said, “Any con versation him and I would have is an em ployer-employee conversation.” UNIVERSITY & CITY have their own smoking rules, health de partment officials will meet with represen tatives from both towns to explain the rules and coordinate enforcement. “There won’t be draconian police out in the street because it is confusing, ” Gledhill said. The health department is also planning an educational campaign by writing letters to business owners and then following them up with a visit to answer any questions about the rules. Some bar owners said it would be more reasonable to allow them to post signs to notify patrons that smoking was allowed in the restaurant. “Chatham County requires a note on the door stating whether or not you permit smoking and that secondhand smoke is hazardous to health,” said Stout, who owns a restaurant in Chatham County called Michael’s. “I can see (restrictions) being required at a hospital or a place someone has to go to, but the public doesn’t have to come in here,” Stout said. Clydeagreed. “Notbeingabletosmoke in a bar is ludicrous, ” he said. “I wouldn’t have a problem with putting up a sign saying there’s not a nonsmoking section available. Ifthat’saproblem, then they can go someplace else.” Larry Eldridge, owner of Linda’s Bar and Grill, said he hadn’t set aside halfofhis seating, either. “Most people who come into the bar are smokers,” he said. “We haven’t had any complaints.” BURNETTE FROM PAGE 1 ment Wednesday. Ken Touw, school board chairman, es timated that a hearing would cost at least SIO,OOO if the board paid for Burnette’s attorney. Touw said a hearing decision could be appealed but a recall could not. A recall election would cost between $3,000 and $4,000, said Bobbie Strickland, supervisor of the Board of Elections. Mitchell said the petition had to be started by Wednesday for it to be com pleted in time to schedule the recall vote at the Nov. 8 election. Mitchell must collect the signatures of 10 percent of the registered voters in the school district, or 4,250 signatures, within 30 days, which would be Aug. 16. The Board of Elections must then verify that the petition signatures are indeed from registered voters. * ■Mil "# ' ~ Richard Bradley smokes a cigarette Tuesday while he eats his lunch at Pantana Bob s. Bradley thinks the town's smoking ordinance is fair to both smokers and nonsmokers. TEP FROM PAGE 1 “TEP has not followed the judge’s or der,” Weinstein said. “We are attempting to collect judgment. This is only a first step. We’ve been investigating TEP and looking at all of their assets in all forms.” Weinstein and his associates had the ruling in their favor sent to Orange County Superior Court because of the Chapel Hill TEP house. According to Orange County records, Chapel Hill’s TEP house is valued at $329,336. The deed to the house lists that ownership went to TEP Fraternity Inc. in Haddon Heights, N. J., in November 1990. Charlotte attorney Robert Bernhardt, who started representing Weinstein, Marston and Levy earlier this month to file the case in North Carolina, said his clients also were looking at other TEP properties for payment. “The national fraternity owns houses in Chapel Hill, (in) Maryland and several otherplaces,” Bernhardt said. “Ifit weren’t owned by nationals, we wouldn’t be both ering with it.” Pinsky said that of TEP’s 50 chapters nationwide, nationals only owned about nine of the houses. TEP National President Leo Gordon said Tuesday that a copy of the Orange County papers was faxed to the fraternity early in July. The fraternity has until Aug. 1 3O days after the complaint was filed in North Carolina to respond to the judgment. After TEP officials file papers in Wash ington, D.C., requesting that the case be litigated, lawyers also plan to file a court order to suspend the case in North Caro lina. Gordon said the lawsuit was compli cated because it involved a property the investors no longer owned. He said the house had been sold to George Washing- QUIP Saily ©ar BM ton University one month after the con tract had been breached. Gordon added that the nearly $200,000 the investors were seeking in damages pri marily accounted for the difference be tween the value of the house and what George Washington University had paid for it. Weinstein would not go into details Tuesday on the way he arrived at the amount of damages or what had happened to the house since the lawsuit was filed. “We did what was required of us,” he said. “We know that they received the lawsuit. We have proof.” But Michael Brown, executive director of TEP Fraternity Inc., said Tuesday that he didn’t have proof that someone had tried to deliver a copy of the suit. “We probably owe them a couple of bucks on the time they owned the property. I don’t know how they could say there’s a cause of action on a property they don’t own.”
Daily Tar Heel (Chapel Hill, N.C.)
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July 21, 1994, edition 1
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