More varieties of spirituous libations to flow at Smiling Skull Saloon

After 16 years of waiting, the Ohio Department of Commerce Division of Liquor Control has approved a request from the Smiling Skull Saloon to change its liquor license so that it can serve more types of alcohol and remain open longer.

The city of Athens, which objected to the change in permits because of the B-1 zone where the establishment is located, has 30 days to file an appeal of the decision.

The Skull, as it is sometimes known, which is located on West Union Street in Athens, has had a D-1/D-2 permit that allows it to serve beer and wine until 1 a.m. The bar requested a D-5 permit that would let it serve beer, wine and liquor until 2:30 a.m. This is the type of permit that most of the bars in Athens have.

But the Skull is located in a B-1 zone, meaning for residential and business. This means that residents occupy apartments and buildings nearby.

Smiling Skull owner Chris Wolf said he requested the change in permit so that he could compete with other bars near him, all of which are able to serve liquor and stay open until 2:30 a.m. These include the Cat’s Den and the Oak Room, he said.

“(The city objected) on the basis that we are in a B-1 zone and we have live music and dancing,” Wolf said Wednesday morning. “Live music and dancing, can you imagine that? And by extending the license to 2:30 a.m., that would further promote, God forbid, live music and dancing.”

He said that state Liquor Control saw otherwise and granted the change in license, notifying him of the decision by letter this past week.

“So things are looking pretty good right now,” he said. The Skull originally applied for the D-5 permit back in 1994.

A public hearing was held on the matter on Sept. 15, and Athens Law Director Pat Lang explained that the building was being used as a bar before the area was zoned as B-1. As a result, it was grandfathered in.

However, Lang said at the time that dancing and live entertainment are prohibited in such a zone, so the Skull has been nonconforming in that capacity. The change in liquor license would exacerbate that problem, he added.

The city’s objections were overruled by the state Division of Liquor Control in its decision.

“If we don’t hear anything from the city in 30 days, I’ve got some more work I have to do – get a background check done and some other things,” Wolf said. “It’s going to be a while yet.”

Athens Mayor Paul Wiehl has said that some residents near the business have lodged complaints, which led him to request a hearing on the matter, something that doesn’t often happen for liquor permits.

Wolf acknowledged that complaints about noise have come from that side of town, but said it was not certain whether that noise was coming from the Skull or the Cat’s Den next door. The complaints have been anonymous, he said.

“I’m just trying to improve my business,” he said. “Commerce in this city is what keeps things rolling. If I make more money, the city makes more money, and maybe I can hire somebody and that person makes money.”

Wiehl said Wednesday that although he hasn’t discussed it with Lang yet he doesn’t think the city will appeal Liquor Control’s decision. He said there was still a legal question of the bar’s non-conformity with zoning uses, but usually appeals of Liquor Control decisions aren’t won.

“We’ve got enough on our plate right now,” he said.