Santa is dead ? in effigy, at least.
Two weeks ago the city ordered Rally?s to take down a giant, balloon Santa Claus tied to the roof of the fast-food restaurant at 1005 N. Main St.
Luke Nichter, Rally?s general manager, disagrees with the city.
And to let them know, he?s using the marquee, which reads ?BG Can Kill Santa, But Not Christmas.?
Bob Schetzer, city zoning enforcer, gave three reasons why the city opposed the balloon, which was used for the restaurant?s Christmas in July promotion.
First, city law says a business can only post three signs on its property. Because they draw attention to the restaurant, such balloons are considered signs.
Second, the possibility the balloon could distract drivers on Main Street poses a safety hazard.
Finally, the 20-foot-tall Santa was perched too high for city law, Schetzer said. ?You can?t put something that big on the roof.?
Nichter said the sign law is unfair. Lights are counted as a sign under city law because they draw attention. By this definition, the menu on Rally?s walk-up patio is a sign as well.
He added that counting the patio menu is unfair because, as a drive-thru only restaurant, it?s the only menu customers see.
?I can?t function my business without it,? he said.
By the city?s definition of ?sign,? Rally?s and many other businesses have been over the limit for years, according to Nichter. Many modern restaurants need more than three signs, especially when it comes to fast food, as drive-thru menus count as signs.
?(The ordinance) was probably written before drive-thrus were invented,? he said. ?I?ve probably got around 10 on my property.?
It is possible for businesses to have more than three signs, according to Schetzer. But the city must approve extra ones.
?If a restaurant wants a fourth or fifth sign, then they?d have to ask the zoning board,? Schetzer said.
Nichter also said that Rally?s should be able to keep Santa on the roof because South Side 6, on the corner of Main and Napoleon, has erected the exact same balloon at Christmas for the past six years.
?It was used in the same manner at another busy intersection,? he said. ?The law isn?t uniformly enforced. (The balloon) was okay at Christmas but not now ? not in July.?
Schetzer argues that the situation at South Side 6 is different from that at Rally?s. South Side 6 got city permission before putting up the balloon. Rally?s didn?t.
?South Side 6 had to deflate Santa at night and follow some other regulations,? he said.Rally?s Christmas in July special, which features $.49 burgers, shakes and hot dogs, is continuing anyway, Nichter said. With or without Santa, the store still has plenty to celebrate.?It?s our best special in nine years and it?s sort of our anniversary sale, too,? he said, adding that the store turns nine in October.
