Thank you for taking the time to access our website.  As you are probably aware by now, I have begun to take action in several public forums with regard to the lack of enforcement of the smoking ban in Butler County.  On Thursday September 20th I attended the monthly meeting of the Butler County Board of Health.  At this meeting I was given the opportunity to speak about my concerns with regard to the non-enforcement of the smoking ban.  Some of my comments were made public in the front page article of the Journal News on Saturday September 22nd.

As I am writing this letter, I am preparing for an interview with a reporter from local Channel 19.  By going public with my views regarding enforcement, I hope to affect a change in the Butler County Health Department’s enforcement procedures and policies.  My motivation for going public on this issue is to restore a fair and level playing field in the bar/restaurant industry in Butler County.  My goal is to achieve 100% compliance of the smoking ban by the on-premise liquor permit holders in Butler County.

In May of 2007 on-premise liquor permit holders were informed by the State of Ohio that enforcement of the smoking ban was going to start.  Some permit holders have chosen to abide by the state law and some have not.  I have recently obtained credible and specific data that can and will prove that those not abiding by the smoking ban have achieved a significant sales (beer/liquor/wine) advantage in the Butler County bar/restaurant marketplace.  The disparity in sales trends (beer/liquor/wine) in our marketplace since May 2007 between those allowing smoking and those not is staggering.  Since May some “non-smoking” larger permit holders have seen sales decreases (year-to-date 2007 compared to year-to-date 2006) in excess of $100,000!!  While at the same time, some “smoking allowed” liquor permit holders have achieved unprecedented sales increases in the 10’s of thousands of dollars.  In my opinion the non-enforcement of the smoking ban by the Butler County Health Department is the primary reason for this unprecedented disparity in our marketplace.

Having started Rick’s Tavern in 1996, I, on a monthly and yearly basis, am constantly reviewing my sales trends.  I also have a source and system to review the sales trends of similar on-premise bar/restaurants in my immediate area as well as Greater Cincinnati, statewide and national trends.

Speaking on behalf of Rick’s Tavern, its investors and employees I can assure you that our sales trends (beer/liquor/wine) are at all time and obvious unprecedented lows.  Year-to-date 2007/2006 sales decreases are 17-20%.  Worse than that, May through August beer/liquor/wine sales are down 23-25%.  In ten years of operations Rick’s Tavern has never experienced double digit sales decreases.  As an on-premise permit holder I certainly know the importance and significant role our smoking/alcohol consuming customer plays in our business.  Quite simply a large percentage of our customers smoke.  While I obviously appreciate the continuing support of my “smoking” regulars, I also understand why some of my customers are choosing to spend their time and money at other businesses that allow smoking.  On occasion, as a smoker, I have actually left Rick’s Tavern and chosen other places because I could smoke.

At this point I would like to thank other on-premise permit holders for abiding by the smoking ban.  I hope your loss in revenue isn’t as great as mine.  I suspect percentage wise they are.  I would also like to say to those permit holders (and their customers) that are allowing smoking that I empathize with them and completely understand why they continue to do so.  We have all had difficult decisions to make since May. I can certainly appreciate bars whose total sales are 90-99% beer/liquor/wine.  I am well aware that the vast majority of their customers (and employees) either smoke or don’t mind being in a smoking environment.  I understand 100% compliance will be a major inconvenience at these places.  However, the voters of the State of Ohio have spoken.  A state law is in effect.  And the law absolutely (in its current form) provides no exceptions.  I simply feel it’s only fair to enforce the law unconditionally and unilaterally.

As the operating manager of Rick’s Tavern I feel obligated to its investors and employees to put Rick’s Tavern in a position to maximize its sales and profits.  Given today’s marketplace in Butler County the only way I can do this is to push for 100% compliance of the smoking ban.  The only way this is going to happen is through diligent enforcement by the Butler County Health Department and compliance by permit holders.  I simply want to restore the marketplace to its pre-May 2007 conditions.  I absolutely do not want to gain any advantage over other permit holders.  I truly believe that given 100% compliance all permit holders will be prosperous.

As I stated earlier, I met with the Butler County Health Department last Thursday.  Subsequently I have had several conversations with administrators, employees and appointed officials of the Health Department.  Through the course of this process I want to assure you that the Butler County Health Department has been very helpful, respectful and sympathetic to my concerns.  I would like to thank everyone that I have been in contact with at the Butler County Health Department.  I have been assured that the health department will be addressing my concerns and will begin evaluating their enforcement policies immediately.  I have scheduled a tentative meeting date of October 2nd with the administrator of the department to check on their progress.

In summary, I feel the lack of enforcement and compliance of the smoking ban in Butler County has created an un-level and unfair marketplace for on-premise permit holders/bar and restaurant owners.  I have credible and specific data to support my claim.  I feel obligated to Rick’s Tavern investors and employees to do whatever it takes to correct this situation.  The voters of the State of Ohio have spoken by passing the smoking ban.  It’s time the law be enforced to the fullest extent in Butler County and the State of Ohio.  Anyone who would like to discuss this matter further is invited to a meeting at Rick’s Tavern (back room) on Monday October 1st at 7:00PM.  I can also be reached by email at mike@rickstavern.com.

Links

butlercountyohio.org/health  (513) 863-1770
ohionosmokelaw.gov  (614) 4661390
smokefreeohio.org/oh  1-866-634-7654
violation hotline  1866-559-OHIO
Bars that violate the ban are at:
smokechoke.com

      Thank you,
       Rick Sizemore