Continued from Page Oneprimary purpose of serving food prepared for consumption, either on or off the premises, to customers for compensation,'" he' said.
"It's my understanding Molly G's serves food to customers and doesn't do it for free - it doesn't have potlucks," Call said.
The ordinance prohibits smoking in restaurants unless it is con
-1med to a fully separate room with its own ventilation system. Restaurant patio smoking must be at least 15 feet from a door or non-smoking tables.
Grezaffi, a smoker, said she intends to defy the ordinance because of her business's privateclub status when she makes an initial appearance on the charge in City Court Nov. 4.
David Anderson, her attorney,
said he will argue her private-club claim "right down the line."
He said Call told Grezaff! and others at an Arizona Restaurant Association meeting several months ago that the ordinance might riot apply to private clubs.
Call said he studied the issue and found the ordinance "clearly" applies to private clubs.
Anderson said Arizona law is "very sparse" on what constitutes a private club and what powers governments have to regulate such an entity.
"And I've found nothing in case law on this point," he said. "But I still have, to do more legal research.
Police have not checked out establishments that were private clubs before the ban was enacted because the city has not received any complaints about them.
Rozema said police responding to other restaurants' complaints visited four allegedly non
compliant restaurants Oct. 7, one of them Molly G's. Grezafri was warned at that time, he said.
Rozema said the Bread & Butter Cafe, 4231 E. 22nd St., had banned smoking. Bobo's Restaurant, 2838 E. Grant Road, allowed smoking Oct. 7 but agreed to comply and has been smoke-free since, he said.
Safehouse, 4024 E. Speedway, continued to allow smoking but argued reasonably that it is exempt, Rozema said. "We haven't gone back there and won't cite it until we get the issue resolved," he said.
Safehouse, which sells brewed coffee and pastries, also sells magazines, newspapers and tobacco products, he said.
"We're pretty much just trying to run a business - we're not talking to the media anymore," said a woman who answered Safehouse's telephone yesterday and said her name was Jay
Call said Safehouse could be