September 15, 2004

Jimmy Mac's is up for sale

Owner says smoking ban hurt the business

A restaurant that has openly defied the state's smoking ban is now for sale.

Owner Rick Naylon is asking $125,000 for Jimmy Mac's, a restaurant with a bar at 555 Elmwood Ave. E.K. Henderson Assoc., a company in which Naylon has a minority ownership interest, would retain ownership of the building. The restaurant's equipment and other assets are for sale.

"Jimmy Mac's is for sale," Naylon said. "But because of all the pending legal actions, I'm really not in a position to discuss the sale at any length."

On Monday, the five-judge Appellate Division of State Supreme Court in Rochester postponed a decision on Erie County's appeal of a State Supreme Court ruling that granted Naylon a six-month waiver on the state's Clean Indoor Air Act.

The county also fined Naylon $2,000 for violating the smoking ban.

Naylon has said that the smoking ban has hurt his business and made it difficult to keep the restaurant open. With smoking not allowed, drink sales have plummeted.

Jimmy Mac's has been a fixture on the Elmwood strip for the last 23 years.

In 1981, Naylon and his partner, Jim McLaughlin, bought the Shamrock bar. They opened a restaurant with a bar named after McLaughlin, who left the business after the first year. In its fight against the smoking ban, Jimmy Mac's had patrons sign a slip acknowledging that they are violating the state law and then took no action to stop customers from lighting up.

"Unfortunately, smoking tobacco indoors in NYS is Illegal," the slips stated. "By law, we have to inform you of this law. If you decide to break the law, there is no fine or penalty for the smoker. Please sign below to indicate that we have informed you of this law."

Naylon said his business increased by $25,000 from the previous month when smoking returned to the restaurant.