Tomorrow's weather Sunny day THE UNIVERSITY DAILY Warming up again tomorrow with mostly sunny skies. Kansan Thursday September 24, 1998 Section: A Vol. 109 • No. 25 Online today http://www.marthastewart.com Martha Stewart, the home, garden and cooking guru, has ventured onto the World Wide Web. See for yourself. It's a good thing. Sports today Kansas football walk-ons face a tough uphill battle if they ever want to see playing time, but some have found success. SEE PAGE 1B Contact the Kansan News: (785) 864-4810 Advertising: (785) 864-4358 Fax: (785) 864-0391 Opinion e-mail: opinion@kansan.com Sports e-mail: mattf@ukans.edu Editor e-mail: editor@kansan.com WWW.KANSAN.COM THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS Jayhawk Music Festival (USPS 650-640) The Pharcyde gives the last performance of the day at the Jay-hawk Music Festival. For the past three years, Kappa Sigma fraternity, sponsor of the festival, was able to donate the profits of the event to charities. This year, the fraternity was unable to make a profit. Photo by Matt Daugherty/ KANSAN Outdoor show ends on sour note By Augustus Anthony Plazza Kansas staff writer Kappa Sigma fraternity will not be able to donate any money to charities this year from the money raised at Jayhawk Music Festival, its annual philanthropy project. The fraternity made only enough money from the Sept. 12 festival to pay for concert expenses, which totaled $135,000. The fraternity raised $75,000 for charities in the first three years of the festival. It donated $40,000 in 1995, $10,000 in 1996 and $25,000 in 1997. "I'm upset that we can't make any donations to the charities," said Andy Klein, St. Louis senior and Kappa Sigma's festival organizer. Klein said that the rising cost to put on an outdoor concert was the main reason the fraternity didn't make any money this year. "Bands are more expensive now," Klein said. "It's hard to get a big name act and not spend as much money." Klein said that Everclear, the headlining band for this year's festival, cost four times as much as what the fraternity paid for headliner 311 in 1995 and twice as much as it paid headliner Violent Femmes in 1996. Klein said that the expensive bands also caused ticket prices to increase from 12.50 to $18.50 in the last four years. The fraternity might make some changes if it organizes the event next year. Klein said that the fraternity would get smaller-name bands that wouldn't cost as much and would try to solicit more corporate sponsors for the event. prior to the this year's concert, the fraternity said it would donate profits to Douglas County Aids Project, Health Care Access, Douglas County Red Cross, and Kansas Department of Parks and Wildlife. The directors of the charities weren't disappointed when they didn't receive money because they hadn't been notified that they were to receive donations. Cindy Hardgrove, executive director of the Douglas County Aids Project, said that she wasn't contacted by Kappa Dwindling donations Kristi Elliott / KANSAN "Of course, we would have been happy to receive money," Hardgrove said. to receive money, Hardgrove said. Klein said that the festival was the fraternity's only large philanthropy for the year and that it would not have another chance to donate money directly to charities. Bar's new owner awaits approval The Hawk has reopened, but the city doesn't want it open past midnight Bv Chris Fickott Kansan staff writer The new owner of The Hawk, John Heleniak received a state liquor license Sept. 14, but he is waiting for the city to grant his bar all the privileges that come with a drinking establishment license. When Helenik bought the bar, 1340 Ohio St., it was operating under a cereal malt beverage license, which is administered by the city. He then applied for a state drinking establishment license, which would allow his bar to close at 2 a.m. instead of midnight. Michael All, Heleniak's attorney, said that The Hawk was operating under a temporary license from the city until the Lawrence City Commission could decide whether to grant the bar a drinking establishment license. The commission could have granted the bar the license in full or with conditions at its Tuesday meeting. because the commission wanted to set The Hawk's closing time at midnight instead of 2 a.m., it was required to give Heleniak 10 days notice. The commission will meet again Oct. 6 to hear comments from the public and to make a decision about The Hawk's drinking establishment license. David Corliss, director of legal services for the city, said that because Kansas operated on a dual-licensing procedure, both state and city liquor licenses were required for a drinking establishment. Since Heleniak purchased The Hawk in September, he voluntarily has been closing it at midnight. All said. All said that his client ultimately wanted to be granted all of the provisions that go along with a liquor license. "The Hawk wants to stay open until 2 a.m.," he said. "As a gesture of goodwill to the neighborhood, we agreed to stay open until midnight." All said drinking establishments were most profitable between 11:30 pm and 1:30 am. If the bar is forced by the city to close at midnight, Heleniak would lose out on Liquor license laws There are two types of liquor licenses that bars can possess: a drinking establishment license or a cereal malt beverage license. Drinking establishment license **Allows a drinking establishment to sell any alcoholic liquor...** any alcohol iniquor. The establishment must close at 2 a.m. **Drinking establishments in Lawrence must have a state license and a license - the city car must contain fluorescent or illuminated drinking establishment license if it is from the city. The city can introduce conditions for a drinking establishment license if it is deemed in the public interest. Either the city or the state has authority to revoke the license. The city can revoke a drinking establishment license on the condition that it is in the public interest. Cereal malt beverage license only. Bars with CMB licenses must close at Allows a bar to serve 3.2 percent beer only. Bars with CMB licenses must close at midnight. Licenses only are granted by the CMB licenses only are granted by the city. city. The city can specify conditions to a CMB license if it is deemed in the public interest. The city can revoke a CMB license if it is in the public interest. Kristi Elliott / KANSAN three-fourths of that time period. Marcy Francisco, president of the Oread Neighborhood Association, said that her organization didn't want to close the bar but that it would like to see conditions made to The Hawk's city license. "The city has the authority to look beyond the abilities of a state license," she said. At Tuesday's commission meeting, commissioner Erv Hodges suggested that The Hawk and other neighborhood bars be examined. Hodges said the commission should determine a definition of a neighborhood bar and possibly set special regulations for such bars. See EXTENDED on page 2A Cops in shops to check IDs of alcohol buyers More undercover police to pose as employees in liquor stores today By Keith Burner Kansan staff writer Minors purchasing alcohol may face greater risk today as Lawrence police increase the number of undercover officers in liquor stores. Cops in Shops started in 1996. Undercover police officers pretend to be liquor store employees in an attempt to stop minors from purchasing alcohol. It was responsible for 26 arrests last fall. The program is a cooperative effort between the Lawrence Police Department, the Kansas Drunk Driving Prevention Project and all Lawrence liquor stores, said April Marvin, state director of the prevention project. Lawrence police increase efforts to stop minor consumption in the fall when students return to Lawrence. Police would not reveal the number of officers in stores. "Officers act like workers," Marvin said. "They clean or stock shelves until someone comes in who looks like a minor. When the person tries to purchase alcohol, he is carded and, if he's a minor, he's arrested." Brian Buck, Kansas City, Kan., freshman questioned the effectiveness the program "Say I walk into a store with a fake and ask the guy if he's a cop. Can they lie to you? Or if you ask, do they have to tell you the truth?" Brian Buck Kansas City, Kan. freshman "Say I walk into a store with a fake and ask the guy if he's a cop. Can they lie to you? Or if you ask, do they have to tell you the truth?" he asked. Lawrence police said that they probably would have to tell the truth in that situation but wouldn't comment further. would have in keeping minors from drinking. "People are going to drink if they want to, and I don't see what cops in liquor stores can do to stop that," he said. Buck also said he had some questions about what the police could, or couldn't do. Marvin said that the program is not just targeting minors but also people 21 years old or older who purchase alcohol for minors. There would be officers staked outside the store to regulate this, she said. Marvin said that the ultimate goal for the program was to stop drinking and driving. "This program is just one piece of the pie in keeping drunk drivers off the street," she said. The great monarch migration Alexis Powell, biology instructor at St. Theresa's Academy and '98 KU alumna, gingerly retrieves a monarch butterfly from the net of Eileen Ulrich, Lawrence resident. The two participated in a monarch butterfly watch Saturday morning at the Baker-Haskell Wetlands . People were asked to catch, tag and record information about the number of monarchs in the wetlands. The event was sponsored by Baker University and the Jayhawk Audubon Society. Photo by Graham K. Johnson/KANSAN