Pursuant to your letter of October 19, 2004, it is my understanding that you intend to develop your business in such manner to qualify as a "bar" for purposes of the Smoke-Free Restaurant Act. The Act allows smoking within bar establishments. A "bar" is defined as an establishment where the share of liquor sales equals or exceeds 70% of combined food and liquor sales.

You recently purchased the former JB Wilson's Restaurant. I have reviewed the business plan wherein you outline a series of steps to transition from a restaurant establishment toward a bar/grill establishment. I have reviewed your sales data for September and October 2004, wherein I notice that liquor sales trend upward from 43% to 48%.

Based upon your business plan and your stated intent to transition to a "bar" for purposes of the Act, I hereby grant to your establishment. Dylan's Sports Bar & Grill, conditional "bar" status for a period of 90 days beginning November 1, 2004, and ending January 31, 2005. This determination is conditioned upon the following;

1. This 90-day conditional "bar" status is temporary. No permanent rights to "bar" status are conferred by this action.

2. At the conclusion of each month (November 2004, December 2004 and January 2005) you must submit summary sales data disclosing food and liquor sales for Dylan's.

3. At the conclusion of the 90-day conditional period (January 31, 2005) all data will be reviewed for the purpose of making a final determination regarding "bar" status for your establishment,

4. During the 90-day conditional "bar" status period, smoking will be allowed in your establishment. You must provide signage at the entrance(s) to your establishment indicating the establishment is a smoking facility.

5. In the event your transition plan does not qualify you for "bar" status under the Act at the conclusion of the 90-day conditional period, you will be so notified, at which time your establishment shall no longer qualify as a "bar" under the Act, and you must comply with all provisions of the Act regarding smoke-free restaurant facilities.

If you have any questions regarding this matter, please contact me at 636-282-6666.