News 02/04/00

Callaway's Pizza seeks liquor license in Smithfield

By Vicky Campbell and Casey Hobson


Coming from a liberal Southern California community to Smithfield, Bob Callaway said he and his wife, Jackie, "didn't have a clue" what they were getting into when they opened Callaway's Pizza and Pasta.

A little over a year later, though, they have found themselves petitioning the community for a liquor license - and learning the difference between California and Utah.

In California, Bob Callaway said, liquor licenses are distributed using a lottery system. Under this system the names of people or businesses seeking a license are essentially put in a hat, mixed up and randomly selected until the number of available licenses are taken. The other option, he said, is to buy an existing license from somebody.

In Smithfield, however, the Callaways must petition the city council for a variance. This often includes public forums and hearings to determine whether or not a liquor license would be detrimental to the community. Buying someone else's license is not allowed.

Smithfield ordinances also prohibit the sale of alcoholic beverages within 440 yards of any school or church. Callaway's Pizza, located at 54 N. Main St., is within 440 yards of both.

Utah state law prohibits the sale of alcoholic beverages within 600 feet of any school.

"Smithfield's regulations are two-and-one-half times more stringent than the state's," Callaway said. "I think it's ludicrous to have a local law so out of touch with state law."

The Smithfield ordinance does give the City Council power to "authorize a variance from the distance requirement so as to relieve the difficulties or hardships" of the business in question. Callaway pled his case to the City Council on Jan. 26, and the Council moved to hold a public hearing on the matter.

The hearing is scheduled for Feb. 9 at 8:30 p.m. at the Smithfield City Offices. Callaway said he is uncertain what will happen at the hearing. He knows Smithfield is a conservative community, but he said he thinks many people would like to have a restaurant that offers a place to sit down with a nice dinner and a glass of wine.

"We get a lot of requests for it," he said. "Most are from the university - professors, administration and students."

"If it were up to the City Council, I believe I could convince most of them. It's not up to them. It's an open, public meeting, and I don't know what the reaction will be."

The push for a liquor license was the result of a tabulation of telephone calls asking if his restaurant offered beer or wine, Callaway said. From the beginning of last November through December he received an average of 27 calls per week, mostly on Thursdays, Fridays and Saturdays. Callaway's is closed on Sunday.

In Callaway's estimation, he is losing $60 a night on potential liquor sales.

And, when they find liquor is not available, many customers will just order water instead, Callaway said. In this way, he is losing money on beverage sales overall.

"If we're going to stay here and keep growing we need to offer (liquor)," Callaway told the city council. He said he is losing business to places like Winger's and Chili's because he doesn't offer liquor.

Callaway pointed out the benefits of increased business at his restaurant.

"I bring tax revenue to the city," Callaway said. "I also bring foot traffic."

Both of which, he said, the city can use after its recent decision to create its own police department.

Advocates of the ordinance might say Callaway knew what he was getting into when he bought the building. But Callaway made the purchase over the phone while living in California. He chose Smithfield so his wife could be closer to her ailing mother.

"I didn't know anything about liquor laws here," he said. "I'm from California, and it's completely different there. You could be right next door to a school and nobody would care."

"I think it's time to change it," Callaway said of the ordinance. "It's a stupid law. We're not asking them to open up a cocktail lounge."




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