November 21, 2009

Emporia Weather

Currently Sat Sun Mon Tue Wed
46° Partly Sunny
Slight Shower Chance
Slight Chance of Rain
Partly Cloudy
Passing Clouds
Scattered Clouds 58°
39°
57°
42°
56°
39°
48°
36°
51°
31°

Advertisement

Advertisement

Reader Poll

How do you think the state should solve its budget problem?

View all polls

Commission passes beer garden ordinance

Wednesday, July 1, 2009

Emporia city commissioners passed an ordinance authorizing the outdoor sale and consumption of alcoholic beverages at their regular meeting Wednesday afternoon.

City staff has been working on the ordinance since shortly after the smoking ban was voted in, and several changes have been made over time as a result of requests from business owners and the wishes of commissioners.

Some of the changes that made it into the final draft include the removal of a $100 licensing fee and a clarification that the required 20 percent of open space is based on the total square footage of the walls and ceiling of the outdoor area.

The ordinance will allow businesses that serve alcohol to construct outdoor smoking areas where patrons can still be served. According to the ordinance, a beer garden is a licensed outside area located on private property that is zoned C-3 Commercial or C-4 Downtown Commercial District that can be attached to or adjoining a licensed drinking establishment. The ordinance defines a beer garden as an open area, clarifying that “a structure with a roof and walls shall not be a beer garden unless 20 percent of the total wall area and ceiling area ... are open to the elements.”

The ordinance also allows for sidewalk serving areas, with service in the areas limited to persons seated at tables and chairs.

The 20 percent requirement was clarified in the final draft to lessen any confusion it might cause.

“For some this may be a good business decision, and for others it may not be practical or they may choose not to do that,” city manager Matt Zimmerman said. “Now they have the ability to (build outdoor serving areas) and they have to decide whether or not it’s a good business decision.”

In other business, Zimmerman said Emporia’s sales tax collections from June 2008 to June 2009 are down 5.9 percent.

“Through the first half of the fiscal year we are down 7.23 percent for the year, so a little better than we were a month ago, but we’re still trending down,” Zimmerman said.

Last month’s figures put collections down 31 percent from May 2008.

“As for overall percentage, it’s less than it was, but it’s still down,” Zimmerman said. “We’re continuing to work with the state on investigations on if there’s anyone who’s been slow in paying or errors in paying. We’ve not heard back from them, but we continue to monitor that.”

Commissioners also authorized the submission of a letter of support to the Kansas Department of Transportation and the Kansas Turnpike Authority for changes to the intersection at 15th Avenue and Graphic Arts Road. The intersection is dangerous because drivers wanting to turn left from 15th Avenue onto Graphic Arts Road cannot see over the Graphic Arts bridge. Changes will include signs prohibiting left turns at that intersection.

The commission held two public hearings on special assessments during the meeting; one regarding street improvements at Sunflower Meadows Subdivision and the other regarding sanitary sewer and street special assessments for the Schellhammer at Cedar Creek Bend Second Addition. Following the hearings, the commission approved an ordinance for the assessments.

In other business, commissioners:

- Adopted an ordinance amending the city’s comprehensive plan to incorporate Emporia Main Street’s downtown Community Initiated Development design guidelines.

- Authorized the mayor to sign three proclamations, honoring the ESU baseball team as NCAA Division II National Runners-Up, naming August as Farmers Market Month in Emporia and declaring August 7 as Purple Heart Day.

- Recognized the Emporia Golf Course staff for its work in preparing and running the State 5A and Junior Amateur Golf Tournaments.

Comments

We allow registered users to post comments on this Web site. To learn more about our posting policies please read our User Poster Agreement Policy.

Posted by create (anonymous) on July 1, 2009 at 7:28 p.m. (Suggest removal)

This is stupid! Why didn't they just exempt those businesses that serve spirits. Period! Now they're trying to clean up their bad idea. This is all your fault, Teresa Walters and the CAE!

"The ordinance also allows for sidewalk serving areas, with service in the areas limited to persons seated at tables and chairs."

So if I take a lawn chair with me to my favorite watering hole, I can be served on the sidewalk? Works for me.

I can see it now. Next will come complaints of blocking city sidewalks.

Posted by imgone (anonymous) on July 1, 2009 at 7:38 p.m. (Suggest removal)

create.......You are so negetive in all your comments. I bet you would even holler if you were hung with a brand new rope.

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 7:53 p.m. (Suggest removal)

You Gotta love Zimmerman.

With tax revenues down he can't understand that you and I didn't get a pay raise this year and we have cut back on our spending.

No, his first response is that some are incompetent, or just outright thieves,

(“As for overall percentage, it’s less than it was, but it’s still down,” Zimmerman said. “We’re continuing to work with the state on investigations on if there’s anyone who’s been slow in paying or errors in paying. We’ve not heard back from them, but we continue to monitor that.”) Just what does the average person thinks that means?

The sooner this jerk is fired the better for Emporia. Yes I really mean it, not kidding.

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 8 p.m. (Suggest removal)

Just HOW MUCH WAS ZIMMERMANS RAISE THIS YEAR?

Posted by justthefacts (anonymous) on July 1, 2009 at 8:27 p.m. (Suggest removal)

I guess the view is pretty good from the peanut gallery these days.

Posted by YY4U (anonymous) on July 1, 2009 at 8:37 p.m. (Suggest removal)

“For some this may be a good business decision, and for others it may not be practical or they may choose not to do that,” city manager Matt Zimmerman said. “Now they have the ability to (build outdoor serving areas) and they have to decide whether or not it’s a good business decision.”

Gee thanks for allowing a business owner to make a business decision. You are so gracious..F&%$#r

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 8:40 p.m. (Suggest removal)

YY4U,

You kind of caught that didn't you. Where was the business owners right to choose a few months ago?

Posted by YY4U (anonymous) on July 1, 2009 at 8:43 p.m. (Suggest removal)

It stood out like a sore thumb :-)

Posted by justthefacts (anonymous) on July 1, 2009 at 8:43 p.m. (Suggest removal)

From the Kansas Department of Revenue:

DST DIGITAL SYSTEMS TECHNOLOGIES SECURTI
PO BOX 1171
EMPORIA , KS 6680 11171 LYON SALES TAX $94,081.08 05 ST 59
BRENDA HINESLEY
909 HENRY ST
EMPORIA , KS 66801 LYON SALES TAX $94,081.08 05 ST 59
ANNETTE L MASON COLLINS SSN: 3913
FDBA S & S CAFE
618 ARUNDEL ST
EMPORIA , KS 668012512 LYON SALES TAX $93,979.51 05 ST 71
VISTA DFW LOCS LLC
1417 W 6TH AVE.
EMPORIA , KS 668012566 LYON SALES TAX $15,530.11 05ST 211SA
JTS
822 MERCHANT APT 1
EMPORIA , KS 66801 LYON LIQUOR DRINK TAX $7,800.11 04 ST 34
THOMAS L KIRCHOFF
822 MERCHANT APT 1
EMPORIA , KS 66801 LYON LIQUOR DRINK TAX $7,800.11 04 ST 34
DEBRA S SIMMONS
S & S CAFE
2604 W HIGHWAY 50
EMPORIA , KS 668016353 LYON SALES TAX $6,277.37 08ST11
DARI DELIGHT EATS & TREATS LLC
704 E 12TH AVE
EMPORIA , KS 668015239 LYON SALES TAX $30,637.16 08ST51
CHARLES MAHON
132 W 12TH AVE
EMPORIA , KS 668015044 LYON SALES TAX $76,644.49 09ST9
CFM'S GOLF SHOP
1801 RURAL ST
EMPORIA , KS 66801 LYON SALES TAX $76,644.49 09ST9

WHEAT STATE PIZZA INC
1120 COMMERCIAL
EMPORIA , KS 66801 LYON SALES TAX $220,042.61 09ST15
DEUCES LAST CHANCE
116 COMMERCIAL ST
EMPORIA , KS 668014019 LYON SALES TAX $9,193.84 09ST21
NORMAN ISRAEL GARATE -9830
1102 HENRY
EMPORIA , KS 66801 LYON LIQUOR DRINK TAX $4,165.19 2008ST58
RUSTY LEE BUENO
1020 WASHINGTON ST
EMPORIA , KS 66801 LYON LIQUOR DRINK TAX $4,165.19 2008ST58
SARAH A GONZALES -8566
1975 ROAD 170
EMPORIA , KS 66801 LYON SALES TAX $3,457.61 08ST56
DEBRA S SIMMONS S & S CAFE
2604 W HIGHWAY 50
EMPORIA , KS 668016353 LYON SALES TAX $15,061.43 08ST42

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 8:53 p.m. (Suggest removal)

And posting these accomplish what?

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 9:09 p.m. (Suggest removal)

come on justthefacts, don't go to bed yet. Answer please?

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 9:32 p.m. (Suggest removal)

justthefacts;

If you will notice the dates that said tax cases were filed it will tell you a lot. Usually a business is more than 9 months in arears before a tax case is filed in court.

There were 4 businesses cited in 2004
There were 4 businesses cited in 2005
There were 5 businesses cited in 2008 (1 case filed under 2 names)
There were 4 businesses cited in 2009

Since there is almost a 1 year time frame from when the tax is due to when the tax case is filed What does this prove?
Not much except that Emporia has averaged about 4 tax cases a year.
One of those tax cases involved a business at 1801 Rural street, uhm what business is there?

I can see clearly from the peanut gallery, there is no smoke there anymore.

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 9:46 p.m. (Suggest removal)

If you are nosey enough and dig deep enough you could find all kinds of tax leins on your fellow citizens. Hell I had one once on witholding tax and paid dearly for being late.
I've got copies of tax lein papers on one of Emporia's finest citizens that could be posted here to satisfy your meaness and spitefullness, but it is really none of the general publics business, that is unless we all make public what we pay in taxes.

Posted by Steve_Corbin (anonymous) on July 1, 2009 at 9:56 p.m. (Suggest removal)

While Zimmy and the rest pat themselves on the back for passing this ordinance they had better talk to Don Hill, Peggy Mast and Jim Barnett cause word has it, the state is going to start keeping all of the liquor taxes that used to come to Emporia, they have to balance their budget, DON'T YOU KNOW?

Posted by justthefacts (anonymous) on July 1, 2009 at 10:16 p.m. (Suggest removal)

It's my belief there is history and cause to pursue collection on past due taxes. I pay mine for both business and personal and I expect others to pay theirs. No freeloading.

Posted by justthefacts (anonymous) on July 1, 2009 at 10:20 p.m. (Suggest removal)

Rbow,
I find it interesting that anyone who poses a position you don't like you are rude. Thoughtful discourse should be allowed without put downs. If you don't like what you do, find something else to do or run for office and change things. I don't see where your Constitutional rights are any different than mine just because of the type of business you operate. Business is business.. the only difference is those who adapt and adjust and those who don't and fade away. If that doesn't work and you dislike Emporia so much, move your location to a venue that allows smoking and make all that extra money.

Posted by realist (anonymous) on July 1, 2009 at 10:20 p.m. (Suggest removal)

To me Emporia can be compared to a nice boat - not a luxury yacht or houseboat, but not a rusty canoe - just a modestly nice boat stranded in the middle of the ocean with no way to get anywhere. Tax revenues are down. Yes, we've all tightened our belts a little bit so retail is affected. I know I for one have found the advantage of buying in bulk so I make the quick trip to Topeka to go to Sam's and usually end up giving Topeka and/or Shawnee Co. the tax dollars that Emporia isn't getting because our commission seems to think that they are the fathers of a daughter who is of age and ready to start dating, only daddy(s) doesn't want the girl to know that there is life beyond the walls of what she has always known as home. There are so many companies that show interest in coming to Emporia, which would help sales tax revenues in two ways. Sales = tax$$$. Companies = jobs = spending money= tax$$$. Plus a little more dining and retail variety in this town might lure more travelers to stop, and could draw in more of the surrounding counties' residents who currently commute to Topeka, Manhattan, Wichita and Kansas City to shop. But the commission sits on their thumbs for too long considering the zoning and the morality and the God knows what concerning something new coming into this town, so by the time they do decide it's okay, the something new has moved on down the road. Shop Emporia first? Gimme more places to shop at!

Posted by methusla (anonymous) on July 1, 2009 at 10:29 p.m. (Suggest removal)

Ummmm ! Now that drinks, etc. may be served on a public sidewalk, if their are chairs and tables and since drinks, etc, will be served on public sidewalks. Does this mean that there will no longer be a drinking in public or open container in public violation, arrest or fine ?
Gee, now I am really mixed up, enact a smoking ban, but allow public drinking, etc.! Man, have I missed something !
I can just see it now, the new Welcome to Emporia sign.
WELCOME TO EMPORIA
THE PARIS OF THE PLAINS
Hey, maybe that will keep the business patrons in Emporia and intice new business patrons from those people traveling thru . Who knows !

Posted by YY4U (anonymous) on July 1, 2009 at 10:39 p.m. (Suggest removal)

I would sit outside and drink my beer and eat my food if someone could figure out how to make flies extinct! I'm sure that flies won't be a problem in Euphoria after there is food and beverages spilled on the sidewalks and washed into the storm drains. Birds will probably enjoy their new feeding grounds too, especially after they figure out that people tend to quit eating when droppings hit their plate.

Posted by inaweoftheblindness (anonymous) on July 1, 2009 at 11:03 p.m. (Suggest removal)

Exactly Methusia....what happened to the city ordinance of no drinking in public or having an open container in public???
I'm as confused on this as many others. Hmmm maybe it has to be served in a glass and not the bottle or can, doesn't matter its still illegal...hmmm. What are our city officials thinking LMAO...I wonder how many other Kansas towns have made it "legal" for public intoxication and open containers? Maybe Justthefacts can do some digging and find a town that allows this hahaha.

Posted by methusla (anonymous) on July 1, 2009 at 11:32 p.m. (Suggest removal)

Well, the pro-ban people got smoking moved to the public sidewalks etc.. Now the Commissioners are going to allow alcoholic beverages to be served and consumed on the public sidewalks. Whats next ? Don't get me wrong, I am all for anything that will help the businesses out that are suffering from the unnecessary, stupid and harsh smoking ban. But wouldn't it have been easier to repeal the new smoking ban and re-implement the previous smoking ordinance and return to the idea of letting everyone live their own lives, make their own choices and decisions, good or bad ?
I have basicly said from the beginning, it is not governments duty to interfere in the everyday lives, choices or decisions of its citizens, but rather to guarantee that the citizens may live their everyday lives, make their own choices and their right to decide is not interfered with, by anyone !

Posted by YY4U (anonymous) on July 2, 2009 at 12:04 a.m. (Suggest removal)

http://www.rwjf.org/grants/

Posted by biscuitboy (anonymous) on July 2, 2009 at 4:17 a.m. (Suggest removal)

Sometime back I read where somebody had gotten arressted for.....to quote methusla....being burgled in public......maybe that will be the next to change. At least you could relax wirh a drink and a cigarette afterwards.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 7:20 a.m. (Suggest removal)

justthefacts;

I agree with you that all should pay their taxes, no freeloading. You still didn't answer my question. Why did you find it necessary to post the Dept. of rev. page? And I re-read my question to you and didn't find it to be rude, how so? If you are refering to my comment about Zimmerman, it is my opinion and it stands.
This is not directed at you, but a good saying for all of us to remember and chuckle at from time to time.

Opinions are like a--holes, everyone has one.
some just smell worse than others.

Posted by biscuitboy (anonymous) on July 2, 2009 at 7:41 a.m. (Suggest removal)

maybe justthefacts is Zimmerman. He has postd that he worked someplace else before moving here.

Posted by create (anonymous) on July 2, 2009 at 8:04 a.m. (Suggest removal)

Posted by imgone (anonymous) on July 1, 2009 at 7:38 p.m. (Suggest removal)

create.......You are so negetive in all your comments. I bet you would even holler if you were hung with a brand new rope.

I'll never understand why people use that "brand new rope" saying. It doesn't even make sense. People would "holler" no matter what kind of rope it is. By the way, the original saying refers to a "velvet rope" my dear. Also, "negative" is spelled negAtive. In addition, your use of "hung" should be HANGED. How about that for negative? Others have agreed with me regarding this sidewalk law as well. Here, sweetie, let me give you a real saying that makes sense. "When you always agree with others, that becomes your prison. Choose your jailers carefully."

You, imgone, are not my jailer!!!

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 8:04 a.m. (Suggest removal)

For those that think they will now see drinking on the public sidewalks, think again. I have not seen the final approved copy of the ordinance, (just the draft), The only businesses that serve alcohol that this ordinance pertains to would be Bruffs, Coaches, and any other located on PRIVATE property. If my business, or any other,(serving alcohol), on Commercial st. went by this city ordinance, we would promptly lose our state liquor license. The only thing this law did was define the 20 % open to the elements requirement for a patio. uhmmm , an ordinance defining a patio. That was a good use of public resources.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 8:13 a.m. (Suggest removal)

inaweoftheblindness;

Try Hays Kansas Octoberfest.

The mayor taps the 1st keg on the parade float.

Posted by biscuitboy (anonymous) on July 2, 2009 at 8:17 a.m. (Suggest removal)

Now it makes more sense.....Coaches and Bruffs.......

Thank You Euphoria......Once again.....government by the few, for the few, and to screw the rest of you.

Hey...I may have found a new calling......Let me see.....Roses are red, Violets are blue......

Posted by create (anonymous) on July 2, 2009 at 8:22 a.m. (Suggest removal)

Now biscuit, howcum nobody wants to hang you with a "brand new rope," hmmmm? LOL LOL LOL

Posted by seriouslyfolks (anonymous) on July 2, 2009 at 8:23 a.m. (Suggest removal)

Will there be pictures of people drinking and smoking all up and down our side walks in the kiosk?

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 8:35 a.m. (Suggest removal)

biscuitboy;

don't get me wrong, I am not against these businesses wanting to help keep their business profitable.

I mentioned those two places because they had tried to apply to the city for a permit to build patios and were both turned down. Someone in the city felt that patios would circumvent the new smoking ban. Hence a new law which allows patios on private property, while wording it so that putting one on public property would result in license loss.
I am all for the rights of these businesses to be able to build their patios, truth be told They should have done it anyway without this ordinance. I don't think the city had a legal right to deny a building permit. I built a patio at my old location about a hundred years ago, and after all the expense the Kansas weather just would'nt cooperate so I wasn't planning on doing it again anyway.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 9:07 a.m. (Suggest removal)

Back to justthefacts,

You posted last night;
"I find it interesting that anyone who poses a position you don't like you are rude. Thoughtful discourse should be allowed without put downs. If you don't like what you do, find something else to do or run for office and change things. I don't see where your Constitutional rights are any different than mine just because of the type of business you operate. Business is business.. the only difference is those who adapt and adjust and those who don't and fade away. If that doesn't work and you dislike Emporia so much, move your location to a venue that allows smoking and make all that extra money."

Your posts mentioned "the peanut gallery". "freeloaders".
Funny, those terms are usually used as put downs.

Where did I say my constitutional rights were different then yours?

When did I even mention smoking in this thread except in reply to biscuitboy this morning?

Sorry, Born and raised in Emporia, lived here all my life except those 4 years in and out of an exotic far eastern country. Thought I would work at a business, I LOVE, and maybe in the meantime help employee a few people, do what I could for the town and it's people, to make a living, to support my family, and eventually retire here in a house that was paid for, driving an ole clunker that was paid for, enjoying the grandkids in my old age.

Not much has changed except the taxes and insurance on the house are so high, that we will have to sell it when we retire, but that's o.k. the upkeep is a lot of work.
My business is still making a profit, so I think I will stay awhile longer.
As far as my being rude, that could be said at times.

But I find your posts are just as rude.

The only difference is that I have the balls to let my name be known when I post my "facts"

Posted by methusla (anonymous) on July 2, 2009 at 9:09 a.m. (Suggest removal)

rbow,
Sorry friend if I jumped to conclusions about my public side walk comment, but the following statement is what may have confused me, " The ordinance also allows for sidewalk serving areas, with service in the areas limited to persons seated at tables and chairs." Not a very clear and defining statement !

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 9:16 a.m. (Suggest removal)

meth,
As I mentioned, I have not seen the final ordinance but the draft called for a temporary fence to define the serving area.
The trouble with that is the state requires a blueprint or diagram defining all areas of sale, serving, or consumption.
the licensee is then responsible for that area 24 hours a day all year long. If I were to take down my temp fence when I closed at 2:00 a.m. and someone drank a beer on the sidewalk area, I could be fined for after hours consumption and lose my license. That is why you won't see any booze being served on the sidewalks.
Steve

Posted by methusla (anonymous) on July 2, 2009 at 9:27 a.m. (Suggest removal)

rbow,
Thanks, I understand a little better now ! Guess we' ll just have to wait and see !

Posted by seriouslyfolks (anonymous) on July 2, 2009 at 9:54 a.m. (Suggest removal)

Does "Caution" tape count as a temporary fence? "Caution" tape, plastic lawn chairs and table with people drinking and smoking, in the background a fuzzy silhouette of someone vomiting in one of the flower beds. That's it! That is the money shot for the welcome to Emporia kisosk pic.

Posted by driveonby (anonymous) on July 2, 2009 at 11:41 a.m. (Suggest removal)

So the Emporia City Council WANT people SMOKING and DRINKING outdoors? For all those families to see? Should be a law that you can ONLY smoke in bars and pool halls, INDOORS, away from those innocent eyes! Business is getting killed in Salina too. The Salina Journal NOR the Emporia Gazette want to report this fact as the were SO instrumental in getting the ban passed. NONE of the reports that they DID know existed were printed in the papers, for SOME reason. $$$$ Hope the papers will suffer the business losses with the rest of us!

Posted by inaweoftheblindness (anonymous) on July 2, 2009 at 12:03 p.m. (Suggest removal)

Thanks rbow for clearing that up a little. Guess it's just a matter of waiting for the final ordinance to come out. Obviously (hopefully) thier not that air headed to let people drink and have open containers on the sidewalks.

"The ordinance also allows for sidewalk serving areas, with service in the areas limited to persons seated at tables and chairs."

That statement obviously wasn't worded correctly but it sure made me laugh thinking it would or could possibly be allowed.

I'm all for the beer gardens, as a smoker it would be nice to sit out and drink my beer and enjoy my smoke at the same time once again at the local pubs. The Dugout has something similiar to this but I don't believe I've ever seen anyone out there using it. Hmmmm

My only question concerning the beer garden situation is this....Will an employee have to be situated outside in the beer garden to keep watch that noone slips alcohol out the fence (or over) to minors outside of the fence? I mean, lol, theres always a bad apple in the crowd that tries to get away with something.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 12:30 p.m. (Suggest removal)

inaweoftheblindness:

Great question on the employee aspect. Under the smoking ordinance no employee can be subjected to shs. Therefore the patios will be available for you to carry your own drink out and enjoy. The fences will have to be 6' tall to keep some badapple from slipping a drink out. If you are eating you will have to go get your own food and bus your own table I guess. don't know for sure, maybe we need a new ordinance to spell that out.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 12:41 p.m. (Suggest removal)

seriouslyfolks,

Thanks for the mental picture and the laugh it brought.

Posted by inaweoftheblindness (anonymous) on July 2, 2009 at 12:50 p.m. (Suggest removal)

The Smoking Ban....Damn will it ever rest? What is going to be done to all the other things that people are exposed to? One being the pharmacies here in town. All the sick people going in to pick up their medications (speaking of those with a contagious illness such as flu or cold etc.) What about all the people that don't want to be exposed to these illnesses while shopping emporia first? I don't choose to be exposed to anyone else's illness but I don't see any ordinances protecting me from that either. Maybe all the pharmacies should be forced to be "Drive thru only" so we won't be exposed. And damn all those people who warm up their automobiles every cold winter morning for ten minutes and I have to breath that heavy carbon monoxide poison hanging in the air. Now you all know that the good ole sun is a major cause of skin cancer , hmmm, maybe there should be an ordinance that people aren't allowed to be out during daylight hours without proper protective clothing. We'd all look pretty funny floating in our pools in an astronaut suit, but hey at least cigarette smoke, auto exhaust, illnesses, sun rays and all other life threatening pollution won't kill us. lmao

It all comes down to this, if we banned everything that was life threatening in some form, we would be forced to ban automobiles, factories polluting the air and only be allowed to go outside our home with radiation protective clothing with an oxygen tank on our backs to breathe so we could be completely protected from the elements.

P.S. I am a smoker, would my fellow smokers (if you are guilty of this) please stop littering the city sidewalks and streets with butts....there's enough ugly butts to look at while walking down our city streets than seeing the ones laying on the sidewalks and gutters.

Posted by imgone (anonymous) on July 2, 2009 at 1:40 p.m. (Suggest removal)

create......If you don't like the way Emporia is going just sell out and leave like I did. Just don't come to Lawrence, we don't need your BS up here.

Posted by inaweoftheblindness (anonymous) on July 2, 2009 at 1:51 p.m. (Suggest removal)

The way I look at it is this. Smokers and non-smokers are like republicans and democrats, there will always be conflicts. The smoking ban was voted for and is done with, now non-smokers can RIP that they don't have to breathe SHS, but when I read a comment( driveonby) about "families having to see someone smoke, thats all we need now is an ordinance we can't smoke anywhere because of the influence it may have on others whom witness it. Lmao God forbid if everything I see had an influence on me, I'd be a real sight to see haha.

Posted by methusla (anonymous) on July 2, 2009 at 2:13 p.m. (Suggest removal)

crack,
Do you mean to say you are not exposed to the use any other substance while out in public, that does no harm to you what-so-ever, except shs and smokers ?
So you believe that carbon-monoxide or hydrcarbons, which just happen to be and has been proven to be a threatening THING and the device that produces it, namely anything with an internal combustion engine and the people who use them, should not be considered for a ban ?
Did you know that carbon monoxide can kill or cause permanent health damage in a matter of minutes ?
What kind of twisted logic is it that vehemently bans the use of one certain thing and yet blows off the use of everything else that causes harm as being o.k. ?

Posted by methusla (anonymous) on July 2, 2009 at 2:17 p.m. (Suggest removal)

imgone,
Sounds like you are exactly where you want to be and should be ! Good ridance !

Posted by YY4U (anonymous) on July 2, 2009 at 2:22 p.m. (Suggest removal)

You will never change crackinsack’s point of view. She lives on the grants provided by the Robert Wood Johnson Foundation. If a concerned citizen with a degree in forensic document examination would donate their time and audit the Lyon County Health Department, CAE and EDA expenditure accounts and discover prohibited expenditures and report it to RWJF, I’m sure a lot of these “Citizens for Law and Order” would sing a different tune. I’m sure I would get a good belly laugh too!

Posted by oh4theluvof (anonymous) on July 2, 2009 at 3 p.m. (Suggest removal)

inawe:
While I think that this whole debate is running thin and that driveonby is being more aggressive than the post-vote conversation warrants, I would like to share a perspective with you that she is trying to make a point of.

I used to walk frequently along Commercial Street with my two young children, but since the smoking ban, we have chosen a different and much less convenient route. Why? Because I don't wish to have my kids watching people smoke and forming a positive opinion about it and it's future place in their lives. I also don't want to inconvenience smokers by walking by and making them feel bad about being there. Yesterday evening, however, we were walking to a specific location and thanks to the city sidewalk conditions, we were using Commercial St. One side was shaded and the other was in full sun and given the distance we were walking, we chose to walk on the shaded side so as not to wear out the child who was not in a stroller. As we approached Town Royal, Steve was out front having a smoke and when he saw us, he tucked the cigarette behind him so the kids wouldn't see it. Not all people are going to do that and I don't expect them to, which is why I primarily choose other routes. Steve, I appreciate so much that you did that. Thank you. My older child could smell it, so knew it was being concealed which reinforces what I teach them about it being unhealthy and that people who care will try to keep it out of sight in the hopes that the kids won't grow up to do it themselves. It is a way of influencing against smoking while not villainizing smokers in children's minds which is what was being accomplished before the ban. Some of us are irritated that now it is harder to do that.

Posted by YY4U (anonymous) on July 2, 2009 at 3:12 p.m. (Suggest removal)

I accept your apology crackinsack.:-) You really should check into getting a grant to support healthy communities though. Here’s a link: http://www.rwjf.org/grants/

Posted by create (anonymous) on July 2, 2009 at 4:31 p.m. (Suggest removal)

imgone, enjoy your Lawrence all you want. I'm glad you're gone. You call what I say BS simply because you don't understand it. Like I said, you're not my jailer.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 5:03 p.m. (Suggest removal)

This started out about the Beer Garden law and has again turned into a shout-fest about the smoking ban. I guess that is to be expected as the two are related.
The ban is now law and it sounds like most are complying with it. Business is down everywhere so it is not just the ban, but it sure didn't help. Most sensible persons knew this would be a divisive issue, but some didn't care. Hard feelings take a while to soften up. Now is not the time to invite someone to move from Emporia because we disagree with their views, we can just stay away from them and hope they stay away from us(Crack).
I am sure after a few months this will settle down and Emporian's can once again smoke where they want as this will become another unenforced law in Emporia.

Posted by Pingeon (anonymous) on July 2, 2009 at 5:53 p.m. (Suggest removal)

Name one thing that is harmful and no laws against it, arenacross. The exhaust from the bikes is bad by the end of the night after all the races. There are plenty of venues that allow the same activity outside. Why do we still allow it inside?

Disclaimer - I happen to like arenacross and have been a few times. I wouldn't support a ban on this, just as I didn't support the smoking ban. It's just an example.

Posted by YY4U (anonymous) on July 2, 2009 at 6:41 p.m. (Suggest removal)

rbow, I still think that a rooftop beer garden is possible and would be great at the Town Royal. You might ponder that over since zimmy gave you permission to make a decision at your business. :-)

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 7:24 p.m. (Suggest removal)

We gave some thought to the rooftop idea, for about 1 minute. The thought of drunks falling to their death on the pavement below and drinks and urine raining down on the bike patrol kind of nixed that idea. We are to old to change much, guess we will just fade into the sunset one of these days. It has been a good ride though.

Posted by YY4U (anonymous) on July 2, 2009 at 7:28 p.m. (Suggest removal)

Drunks falling to their death. Now that would be a great tourist attraction. We should get some pictures of that for the kiosk...lol

Posted by seriouslyfolks (anonymous) on July 2, 2009 at 7:37 p.m. (Suggest removal)

What if a drunk fell on an ardamilla and PETA came and protested................. that would be awesome.

Posted by Steve_Corbin (anonymous) on July 2, 2009 at 7:49 p.m. (Suggest removal)

You are not going to get a picture of a drunk falling on a armerdiller, unless YY4U lets loose of some of his jerkey stash froom Texas. Man that last batch was gooooo-od.

Posted by YY4U (anonymous) on July 2, 2009 at 8:55 p.m. (Suggest removal)

Texas Jerkey, now that might approve the economy. Do I need a tax stamp?

Posted by YY4U (anonymous) on July 2, 2009 at 8:56 p.m. (Suggest removal)

Texas Jerky, now that might approve the economy. Do I need a tax stamp?

Posted by methusla (anonymous) on July 2, 2009 at 9:25 p.m. (Suggest removal)

crackinsack,
A smoking ban !

Posted by glarson (Gwen Larson) on July 3, 2009 at 6:02 a.m. (Suggest removal)

Moved to a forum:

http://www.emporiagazette.com/forums/ope...

Advertisements