Restricting taverns may have unintended consequences

In their zeal to run Dotty's out of business and make sure the model doesn't proliferate, the Clark County Commission's "solution" is likely to create unintended consequences for existing taverns and even other businesses.

Certainly, the commissioners' action Tuesday accomplished the Nevada Resort Association's main goal. The Dotty's form of playing slot machines while smoking in a safe and sedate atmosphere probably will be forced out within two years.

The Nevada Resort Association achieved exactly what it wanted: a new definition of a tavern.

Any new tavern in Clark County's jurisdiction (but not other jurisdictions) now must have at least eight slot machines embedded in the bar. It must have a kitchen, which serves food at least 12 hours a day in a restaurant that seats 25 people. It must have 2,500 square feet of public space. And instead of being 1,500 feet from the nearest other tavern, it must be 2,000 feet, making it harder to find locations. That was the compromise struck between Commissioner Steve Sisolak, the resort association and the Nevada Tavern Owners Association.

Clark County Planning Commissioner Randy Miller, a tavern owner, compared the new ordinance language to "chicken soup laced with radiation." He agreed it won't hurt anybody today but warned of future consequences.

If your favorite tavern doesn't meet the new standards, it has two years to put in a bar top with eight slot machines. That's the only retroactive requirement for existing taverns.

Peter Filiberti, speaking for the Four Kegs, was smart to attend the commission meeting. He made a difference for older bars. He explained the Four Kegs, built 33 years ago, only has three slot machines in the bar and 12 on the floor. There's not room to put eight on the bar. He asked for mercy and got it for the Four Kegs and all taverns 20 years old or older.

However, if those older joints are sold, the new owners would have to put in a bar with eight slots embedded.

What makes eight slots in a bar top so imperative? Well, Dotty's doesn't have a bar top. Its slots are sit-down types. That's the style its customers like, the style that has made Dotty's so popular.

What about the ever-changing slot technology?

The ordinance might need to change as technology changes. But by then, Dotty's should be gone.

Unless Dotty's sues and wins.

After all, for 15 years, the county has approved the Dotty's minimalist plan every step of the way. So did Nevada's gaming regulators.

Another consequence? At a time when strip malls sit empty, retail leasing agent Terri Sturm called Dotty's an exemplary tenant . "Don't make changes to one of our most successful tenants."

One more unintended consequence: Changing rules retroactively creates uncertainty for business owners who will now wonder whether county commissioners will change rules in the future for businesses needing privileged licenses.

Commissioner Chris Giunchigliani wanted to grandfather in existing Dotty's-style taverns, while blocking any expansion, but that idea was rejected by other commissioners. She and Tom Collins voted against the new definition; the other five voted for it.

Initially, tavern owners vehemently opposed the new ordinance because of the impact on their businesses, as well as Dotty's.

So what changed?

The Nevada Tavern Owners Association agreed to the new definition when the Nevada Resort Association and Station Casinos made a promise. They would urge the Legislature to change the law that in 2007 banned smoking in taverns where food was served, unless the bar and restaurant areas were segregated.

Tavern owners must be confident the resort association has enough clout with the Legislature that the smoking ban, as it pertains to taverns, can be overturned.

Anti-smoking forces versus the Nevada Resort Association. Anybody taking bets?

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.