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Cafe business up in smoke (smoking ban closes restaurant)
The Citizen Auburn NY ^ | Friday, December 20, 2002 | By Mary Bulkot / Staff Writer

Posted on 12/20/2002 10:10:51 AM PST by Behind Liberal Lines

SAVANNAH NY- A ban on smoking has snuffed the life out of their D&S Diner, Susan and Doug Devall say. The owners of the village's only diner, one of the few businesses on Main Street, say they will close for good Dec. 29. They blame Wayne County's no-smoking law, which passed in January.

We'd still be here, Doug Devall said, if the law hadn't passed.

The couple opened the diner in August 2000, after a string of businesses failed at the same location. Although the diner didn't turn a profit in its first year, the two expected to operate in the black the second year. Then the no-smoking law sent that goal go up in smoke. Nearby Cayuga County has no ban on smoking in restaurants, so the Devalls figure much of their business went to light up elsewhere. That took 30 percent of the customers right out of here, Doug Devall said.

Sales were down $3,000 in July 2002 compared to July 2001. Hardest hit were on Friday nights and Sunday mornings.

The couple had the option of converting an extra room into a smoking room, but the cost of installing ventilation, sealing doors and other measures was too much. Meanwhile, the two sympathized with their smoking customers and let them indulge under the counter, so to speak.

If it's not busy in here, I will let people smoke. I'm not going to lose my business, Susan Devall said soon after the law went into effect.

The decision to allow smoking or not should be left up to the individual business owner, Doug Devall said. Restaurant owners should be able to choose whether their establishment will be smoking or non-smoking.

The bottom line

Most of them are crying their eyes out because we're closing, but I can't keep robbing Peter to pay Paul, he said. The bottom line: He needs around $800 a day to survive, said the couple. It's the days when less than $100 comes in and then the propane truck pulls in and there's a $400 bill to pay, those are the days that hurt, he said.

This stuff is going to backfire on politicians, come back and bite them on the ass, Doug said, referring not only to the smoking laws but to the high taxes and other regulations that New York state imposes on small businesses. Workman's compensation, disability, unemployment, liability -- the cost of insurance is extremely high for a small business that employs two full-time and three part-time people.

Absolutely, said Sandy Brownell, when asked whether the new smoking laws have hurt many small restaurants like the D & S Diner.

Brownell is a saleswoman for Palmer Distributing, which is based in Newark. It's hard for them to make it in New York state because of the insurance regulations and the taxes as well, she said. I see it a lot, more than I wish to, she said about the closing.

Brownell is a smoker herself, and said whether she could light up or not weighed into her decision on where to eat.

Not just customers

It's the customers Susan will miss the most, especially the regulars. In a small place like this, though -- one of the few places for people to gather in Savannah -- most of the customers are regulars. In fact, several people sitting at the counter Thursday afternoon, after the lunch rush, had the look of regulars about them.

It's like art work for you, said Jackie Shurtleff, placing Leon Waldron's grilled ham and cheese sandwich in front of him.

Waldron comes to the diner at least once a day, usually to shoot the crap with all the guys in the morning and to pick on everyone.

So where will Waldron go after the new year?

Nowhere it seems.

I'm still coming here, they just don't know that yet, he said.

Tim Carmon, who works in Savannah and drops by at least three times a week for lunch, also hates to see them go.

Shurtleff is Sue's sister, as well as one of the diner's employees. She's worked at the diner since the day it opened.

Both of these facts make the closing an extremely emotional event for her as well as her sister. Upsetting was how she described the upcoming closing -- the simplicity of the words belied the complicated emotions felt.

Before he started working part-time at the diner, Randy Brown would come in with his father for lunch. Off duty Thursday afternoon, he sat at the counter eating what Jackie euphemistically called a concoction -- a Philly sandwich with extra cheese plus pickles, potato chips, and ketchup -- all on the sandwich, not on the side.

Brown has another part-time job at Pearl Technologies, but will miss the good atmosphere at the diner.

It's the environment that will be missed even more than the food. Mrs. Nobel, a Savannah resident whom Shurtleff described fondly as a fixture, has been coming to the diner morning and noon since it opened.

Nobel said the diner has the same friendly, pleasant extended family feeling as when Betty Kelly owned the building and operated a luncheonette there more than 20 years ago.

Nobel doesn't think there will be another business opening in the space anytime soon though -- a great loss for the village.

The diner will be sorely missed on Main Street, which has more empty storefronts than full ones. A couple of bars, a hair salon, a convenience store/gas station, the town hall. Given the limited amount of amenities and services available in this hamlet, most residents head to Seneca Falls or Auburn for basic necessities and entertainment.

This exodus will seemingly continue.

Future plans

There will be an auction in January, and then the Devalls will try to lease the space. Since they own the building, which has apartments upstairs, the couple's connection with the hamlet won't be totally severed.

Drink beer and raise hell, Doug said, when asked about his plans for the future. His contracting business will continue to take up most of his time.

But ultimately it's Sue, at the diner just about every day, who'll miss and be missed the most. Her husband joked his wife would be able to enjoy a stretch of being Suzy Homemaker.

Based on Sue's response to that suggestion, it doesn't seem likely.

Although the couple got smoked out of Savannah, figuratively speaking, Sue hasn't been totally burnt by the restaurant business. But she would consider something closer to home and in a higher traffic area, she said. In fact, with an eye on the future, the couple is tentatively keeping an eye on a place in Weedsport.

But the 29th is going to be pretty hard, Sue said.


TOPICS: Culture/Society; Front Page News; Government; US: New York
KEYWORDS: cancer; dirtyhabit; governmentregulaton; pufflist; smokingban; sorelosers; tobacco
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To: Wolfie
Yup...and no conservative ever does that.

No conservative...or no Republican?

21 posted on 12/20/2002 11:33:49 AM PST by NittanyLion
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To: VRWC_minion
No, you are an authoritarian.
22 posted on 12/20/2002 11:34:40 AM PST by mysterio
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To: NittanyLion
Take your pick.
23 posted on 12/20/2002 11:36:09 AM PST by Wolfie
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To: Just another Joe
BS, go look things up before you open your mouth. There is a difference between a positive cash flow and a profit.
Many times a new business doesn't show a profit for two years or more.

A small businessman doesn't know the difference between cash and profit and for a small restaurant there is essentially no difference especially if he covered his initial opening costs.

I guess that would depend on how much new business they are picking up due to the smoking bans.

THe existing owners in NY said they want a level playing field. They will probably make it policy, what have they got to lose ?

I just don't understand how you are still alive seeing as how your logic is continually off target.

I told you all a month ago that the owners in NY would end up backing the ban and I was right.

As for your third point, are you really going to pay money to go somewhere that doesn't cater to you when you can go somewhere else that does?

I don't have to make my descision based on whether they allow me to smoke. I can base it on the quality of food and service. Too bad addicted smokers can't do the same.

24 posted on 12/20/2002 11:36:32 AM PST by VRWC_minion
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To: Ditto
What makes you so sure he wouldn't have made it a go?

I didn't say "sure" I said probably. Look, most small business owners base their business plan on feelings and not on hard stats. If the restuarant wasn't attracting enough customers after the first few months of business the business wasn't there.

25 posted on 12/20/2002 11:42:58 AM PST by VRWC_minion
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To: NittanyLion
Actually, you're a liberal because you advocate the use of government to achieve that which belongs in the private sector.

You have the wrong person.

26 posted on 12/20/2002 11:43:40 AM PST by VRWC_minion
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To: mysterio
No, you are an authoritarian.

If you say so.

27 posted on 12/20/2002 11:44:21 AM PST by VRWC_minion
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To: VRWC_minion
A small businessman doesn't know the difference between cash and profit

Where DO you come up with this stuff?
You're a jerk that doesn't know anything except you don't like the smell of cigarette smoke.

I don't have to make my descision based on whether they allow me to smoke.

You're half correct. You SHOULD be basing your decision on whether or not a restaurant allows smoking AND the quality of food and service.

28 posted on 12/20/2002 11:44:30 AM PST by Just another Joe
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To: VRWC_minion
You have the wrong person.

Huh? You claim the smokers are the selfish ones - yet the restaurant would've happily allowed them to continue smoking had government not become involved.

29 posted on 12/20/2002 11:45:12 AM PST by NittanyLion
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To: VRWC_minion
Look, most small business owners base their business plan on feelings and not on hard stats.

And you think that the bank is going to give someone a business loan based on "feelings"?
Again, you don't know your arse from a hole in the ground.

30 posted on 12/20/2002 11:46:19 AM PST by Just another Joe
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To: VRWC_minion
He has the right person. You just don't want to admit it.
31 posted on 12/20/2002 11:47:14 AM PST by Just another Joe
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To: Just another Joe
Where DO you come up with this stuff?

30 years experience with small business.

32 posted on 12/20/2002 11:49:19 AM PST by VRWC_minion
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To: NittanyLion
After the law was passed, the smokers were in control. They could have continued to go to the guys restaurant but no, they were too selfish to put aside their smoking urges for an hour.
33 posted on 12/20/2002 11:51:19 AM PST by VRWC_minion
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To: VRWC_minion
Selfish smokers put another business out because they can't go an hour without a cigarette

Why do these cigarette taxes exist?

34 posted on 12/20/2002 11:51:20 AM PST by Tumbleweed_Connection
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To: VRWC_minion
If someone who hate smoke is a liberal then I'm the poster boy. If someone who thinks smokers are selfish and rude is a liberal then my picture is next to the dictionary definition.

You are a liberal for reasons that have nothing whatsoever to do with your hatred. Your hatred is only one attribute that you share with liberals. What makes you a liberal isn't that particular unattractive aspect of your persona.

Okie dokie ?

Nopie opie, Just admit you are a liberal in general. You are a liberal because they have no regard for private property or rights in general. That is why you are a liberal, so just out yourself and get it over with.

35 posted on 12/20/2002 11:52:11 AM PST by Protagoras
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To: Just another Joe
And you think that the bank is going to give someone a business loan based on "feelings"? Again, you don't know your arse from a hole in the ground.

And you think the guy got a bank loan based on the projected business of the restuarant ?

36 posted on 12/20/2002 11:52:54 AM PST by VRWC_minion
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To: Tumbleweed_Connection
Why do these cigarette taxes exist?

So, selfish nonsmokers don't have to pay as much.

37 posted on 12/20/2002 11:53:57 AM PST by VRWC_minion
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To: VRWC_minion
I agree.

And liberals lie.

38 posted on 12/20/2002 11:55:10 AM PST by Protagoras
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To: ThomasJefferson
But on the contrary, I fight for peoples property rights 24/7. These regulations are wrong. Much as I like the outcomeI disagree with them. .
39 posted on 12/20/2002 11:55:56 AM PST by VRWC_minion
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To: VRWC_minion
30 years experience with small business.

Whatever.

You dance all about the subject yet never come up to the head.
I'm going to ask you one straight forward question and would expect one yes/no answer.

Do you, or do you not, support governmental interference with a legal pasttime while engaged upon in a privately owned business?

40 posted on 12/20/2002 11:56:10 AM PST by Just another Joe
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