"This creates a very bright line prohibiting smoking in these areas," Molgaard said.
During the meeting, Deno Stanley, owner of Adelphia, and Scott Miller, owner of Bar 101/Ichiban, spoke in its favor. They both plan on keeping their outdoor dining areas for years to come.
However, Miller asked why he had to pay the $500 required administrative fee when he already invested more than $2,000 to put his own fencing up last year.
"That's $2,000 worth of fencing that I won't be able to use," he said.
Councilman Andy Richardson agreed, saying it wouldn't be fair to charge Stanley and Miller fees for 2013 since they were the city's test subjects.
"If it weren't for these two men then there would be no outdoor dining in Charleston," he said.
Molgaard also agreed and drafted an amendment to waive the $500 administrative fee for any restaurant offering outdoor dining in 2012, which would cover both Bar 101/Ichiban and Adelphia.
Stanley later asked about his liability if a customer were to be injured on the sidewalk or near the fencing.
The city would only accept liability for issues that arise when it comes to installing or maintaining the fencing, Molgaard said.
The proposed bill will be presented to council's finance committee for final approval before it's put up to a vote before city council next month.
Reach Travis Crum at travis.c...@wvgazette.com or 304-348-5163.