MTA board backs 2005 smoking compromise
Pub Date: 12/1/2008
The Montana Tavern Association Executive Board heard the usual series of reports before hunkering down to unequivocally reaffirm it will not cross the line in the sand that it was a party to drawing back in 2005'; the line of demarcation that separates, yet joins, the factions that fought a long battle over indoor smoking in Montana.
When it came time for the board to hear the Legislative and Gambling Committee report, it heard from MTA stalwart Darrell Keck who told directors he had, acting entirely outside of his role as a member of MTA, taken steps to have a bill drafted and introduced to grant taverns and casinos a permanent smoking ban exemption.
Passionate, even heated, pleadings and proclamations were made in an attempt to dissuade Keck from proceeding, while Keck stuck to his guns, declaring his action to be the result of a strong personal convictions regarding personal property rights.
In the end, the board respectfully voted almost unanimously to oppose the "Keck Bill" and honor its commitment to the 2005 compromise legislation which granted licensed businesses a four-year exemption to come into compliance with the rest of the state on Oct. 1, 2009. Only two members said "nay" and one of them was Keck.
(See elsewhere on this page a complete report on the discussion preceding the MTA move to back the 2005 Montana Clean Air Act .)
Other discussion of items covered by the committee and subsequent action was declared "off the record" but it dealt with:
A push by the Department of Labor to aggressively enforce its interpretation of a law that is supposed to clarify what is an employee and what is an independent contractor. The Department said recently it will use audits and with fines up to $1,000 a day to begin cracking down on clubs that employ entertainers if the business is found out of compliance';
The potential for legislation mandating alcohol server training';
Legislation that may be brought by others regarding breweries';
Election results in light of MTA support';
Liquor Division enforcement authority over unlicensed servers';
Police stings against bars';
Competitive options in the operation of video gaming machines';
MTA Government Affairs Counsel Mark Staples said members should check with the local directors for more details regarding the discussions.
Mary Jane Heisler, chairman of the Budget, Finance and Membership Committee, told the board retaining membership has become a challenge, with numbers down somewhat at this juncture. "We need to work at this," she said. She did note the Montana Liquor Store Owners Association and Montana Beer and Wine Distributors Association had joined as associate members.
She said the September Convention was quite successful and had given budget coffers a good boost, even while the local host chapter, the Cascade County Tavern Association, also added to its own income.
Heisler said the committee was eyeing a couple of competing proposals from credit companies to provide an MTA-endorsed service to members with financial rewards for both MTA and for member users. She said the proposals seemed quite similar in quality.
Next, Tanya Harper, chairman of the Public relations Committee, took the podium to tell the board her group had spent its meeting deciding on ways to boost the MTA's fund raiser raffle. (See complete report elsewhere in this edition.)
Keck, one of two MTA representatives to the national affiliate American Beverage Licensees, gave the national report. He said the ABL continues to carefully watch overly zealous forces that might attempt to end drinking in taverns through zero-tolerance of having any alcohol at all before driving, likely through built-in alcohol detection devices in automotive systems.
Keck also said some state ABL affiliates have reported sliding memberships due to financial difficulties in the wake of losing smoking ban battles, with Ohio seeking a temporary suspension of its dues obligation.
Keck said the national convention may not be at the Monte Carlo next year but that event will still be tied to Las Vegas and the Nightclub and Bar trade show.
Executive Director Diana Koon, naturally, gave the executive report. She reminded the board the next meeting was slated for Jan. 28 and would be followed by the MTA Legislative Reception.
Finally, there was some discussion regarding a company that has been approaching licensees about a service where you can use a special card and terminal to obtain cash advances which could be used for gambling. Directors voted to not endorse the program and urged members to carefully consider the proposition.
Source: The Montana Tavern Times, November, 2008, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.