The Georgia Restaurant Association urges Gov. Sonny Perdue to veto House Bill 89, which would allow patrons to carry firearms into restaurants.

Although we recognize the good intentions of the Legislature to provide restaurant patrons with an increased sense of security, the reality is that the bill only increases the likelihood of an inebriated customer putting innocent citizens and law enforcement officers in harm's way.

There are approximately 17,000 restaurants in Georgia and the restaurant industry is the state's second largest employer (only the government employs more workers). Georgia's restaurant industry is also one of the most highly regulated industries in the state, yet restaurant operators squarely accept their responsibilities to the public and fulfill their legal obligations for the safety and well being of both their patrons and employees.

While the industry is accustomed to bearing the load of regulatory requirements, HB 89 has raised a great deal of trepidation at a time when the industry has been challenged with increased minimum wage requirements, a severe labor shortage, and higher gasoline prices and transportation fees. HB 89 will place additional costs, burdens, and legal exposure to liability on the industry.

The industry's primary concerns are as follows:

> At a time when restaurant operators are having difficulty recruiting and retaining personnel, they face the danger of losing employees who will seek jobs where guns are not permitted in the workplace.

> A large segment of the public has expressed deep concern about frequenting eating establishments where other patrons will be carrying guns.

> Restaurants simply cannot practically enforce HB 89's regulations. For example, how would a business operator or manager enforce the provision in HB 89 that prohibits any patron who is carrying a weapon from ordering and consuming an alcoholic beverage? Or is this simply to be enforced through the honor system? What's to stop lawsuits against restaurant owners and their employees for the aftermath of tragic gunplay resulting from the fatal mix of alcohol and guns? Restaurateurs are being put in the untenable position of policing a law they cannot enforce, while being held accountable for unlimited damages and civil liability for potentially tragic situations.

> Although HB 89 does distinguish between a permit holder's ability to carry a gun into a restaurant as opposed to a bar, the public will not be able to discern the legal distinction established by the Legislature, which defines restaurants as establishments that derive more than 50 percent of their gross income from food as opposed to alcoholic beverages. To add to the confusion, there are a considerable number of eating establishments that close their main kitchen facilities later in the evening and convert to sports type bars. The unintended consequence of adding guns to such hybrid locations is expected to have deadly consequences.

> Should patrons violate the provisions of HB 89 by ordering alcohol while possessing a firearm, they only risk being charged with a misdemeanor. The law has been drafted in a manner that will not provide a meaningful deterrent for any permit holder from bringing a gun into a restaurant and consuming alcohol.

> While many proponents of the legislation pointed out that this form of legislation had been passed by the majority of the states, we have determined that in a number of cases there are numerous differences. For instance, though a number of states do allow gun permit holders to take guns onto premises such as restaurants, several of these states make it extremely difficult for citizens to receive gun permits.

We applaud Georgia's Legislature for standing up for the rights of private property owners, as evidenced by the recent strengthening of requirements for exercising eminent domain. Vetoing HB 89 would continue that tradition because the legislation is, in effect, an unfunded government mandate on the restaurant industry.

We fear that in the rush to prepare a bill that could swiftly pass the House and Senate, not enough time and consideration has been given to the fact that there is no practical manner to enforce its provisions.

This is our fervent request; that Gov. Perdue veto HB 89 for the greater health, welfare and public safety of the people of Georgia.

> Ronald A. Wolf is chief executive officer of the Georgia Restaurant Association.