Carbondale coffee houses do not fall under the definition of entertainment establishments, and therefore will not be governed by the new entertainment ordinance that took effect Friday, according to City Manager Jeff Doherty.

Questions about whether or not coffee houses are affected by the new ordinance were raised by Beach Bumz owner Roland Davis, who reopened Beach Bumz, 611 S. Illinois Ave., as Carbondale’s only non-alcoholic entertainment club Friday.

Doherty said the coffee houses, which have been known to provide entertainment ranging from poetry readings to live bands, do not fit the definition of an entertainment club because entertainment is not their primary function.

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Currently, their operations do not fall under the definition of an entertainment establishment, he said. The question is What is their primary function?’ Their primary function is not entertainment.

Davis claimed the coffee houses in town are defined as entertainment clubs under the new ordinance, and should be required to follow all of the regulations that apply to entertainment clubs.

Requiring Beach Bumz to comply with this ordinance and not requiring the other businesses, which are similarly situated, to comply violates our protection under the equal rights law, Davis said.

The ordinance defines an entertainment club as Commercial premises which are open to the public, the primary function of which is to offer patrons an opportunity to engage in social activities such as dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers. As an incidental function, an entertainment club may sell and serve food and beverages to its patrons.

The ordinance goes on to exclude establishments licensed to serve liquor, theaters, full service restaurants, outdoor performances, non-public and non-commercial gatherings.

The new ordinance requires entertainment clubs to cater to only one of three age groups at any given time:those between 13 and 18 years of age, those 18-and-over, or those 21-and-over.

The ordinance also requires all entertainment clubs to close at 1:59 a.m.

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Davis said the first teen night was held without incident, and he plans to continue to have teen nights every Friday and Saturday night until 10:45.

Those 18-and-over are welcome only on Wednesday nights and after 11 p.m. Friday and Saturday during the summer, Davis said.

Davis said the club will also serve as a restaurant during the day, serving pizza, sub sandwiches and nachos.