Article published November 04, 2004
Owners of bars, restaurants mull new smoking ban
Bitterness remains from old law
| CURRENT BAN |
• Smoking is not allowed in
bars unless their serving area
is smaller than 245 square feet,
though larger bars may have a
smoking lounge of up to 30 percent of the total square footage
of their serving area.
• Smoking is not allowed in
restaurants, though restaurants
may have a smoking lounge
of up to 30 percent of the total
square footage of the serving
area.
• Smoking is not allowed in
bingo parlors, though bingo parlors may have a smoking lounge of up to 30 percent of the total square footage of their serving area.
• Smoking is not allowed in
bowling alleys, though bowling
alleys may have a smoking
lounge of up to 30 percent of
the total square footage of their
serving area.
NEW BAN
• Smoking would be allowed in
bars that receive less than 35
percent of their gross revenue
from food sales.
• Smoking would be allowed in
restaurants with nine or fewer
workers. In larger restaurants
where smoking is banned,
smoking lounges of up to 50
percent of the total square footage of the serving area would be allowed.
• Smoking would be allowed in areas where an organization is operating a bingo game under a
state of Ohio permit.
• Smoking would be allowed in bowling alleys. |
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By TAD VEZNER
BLADE STAFF WRITER
Toledo has a brand new smoking ban.
And while Issue 4 on Tuesday's ballot, which weakened the city's existing ban, won't go into effect for many weeks, some local bars and restaurants already are making plans to capitalize on its less-restrictive provisions.
With several hundred provisional votes yet to be counted, Issue 4 was approved by a margin of 51.4 percent to 48.6 percent. The unofficial vote was 65,987 in favor of the amendment to 62,485 opposed.
Support for the amendment was strongest in downtown, eastern, northern, and near-western precincts of the city, while resistance against it was strong in far-western and southern precincts.
The amendment allows smoking in bowling alleys, bingo parlors, bars that receive less than 35 percent of their income from food, and restaurants with nine or fewer employees. It also allows smoking lounges in larger restaurants to jump from 30 percent to 50 percent of the service area.
According to city law officials, the amendment will go into effect 30 days after all votes are certified by the Lucas County Board of Elections, which could take a couple of weeks.
"Conceivably, it could be Jan. 1 until the amendment goes into effect," city Law Director Barb Herring said.
As for enforcement, officials now are focusing their efforts on learning the ins and outs of the new ordinance, she said.
As far as how enthusiastically the old ordinance, which is still in effect, will be enforced, Ms. Herring declined to comment until further discussions with enforcement officials take place.
| TOLEDO SMOKING BAN |
Amend ban to make it less restrictive?
Votes Percent
Yes 65,987 51.4
No 62,485 48.6 |
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"Right now, we're discussing which direction we're going to take. I'd like to leave it at that," Ms. Herring said.Bars and restaurants that have spent thousands - in some cases tens of thousands - of dollars installing smoking lounges to comply with now-defunct stipulations in the law are not sure what they'll do with the rooms, though many say they'll keep them intact in case they're needed in the future.
"Spend $30,000 and then tear it down? No thank you," said Pat Myler, owner of Myler's Rock Garden, a small, neighborhood pub on Telegraph Road that recently had its smoking lounge approved by the city.
The walls of her room starkly split her floor space down the middle, accentuating the barren, unpopulated interior of her "smoke-free" area.
"I did what I was ordered to do, and now I'm paying the penalty," she said.
Still, she said the money's not all wasted. It adds a little peace of mind, at least.
"I don't think this is the end of it. The people who are against smoking are not going to stop. Who knows what will happen next year?" she said.
Others are a little more confident.
Andrea Gentry, owner of Andrea's Sports Pub on Alexis Road, said she likely will tear down the wall separating her 8-foot by 12-foot closet-like smoking room. Small as it is, she said, "that room took out about 15 seats, and I need them."
Stu Kerr, regional coordinator for Tobacco-Free Ohio, said at the moment there is no talk about future legislative action from local anti-tobacco activists.
"It's too early to think about a new initiative," he said. "Right now, it's kind of a wait-and-see - we'll keep monitoring the health and economic effects. We'll see how this works out and what it really affects."
As for expanding smoking areas in restaurants, at least one restaurant manager said he's seriously considering it.
Brian Miller, a manager at Nick & Jimmy's on Monroe Street, said he hopes to expand his smoking room to about 40 percent of the establishment's service area and include a pool table or two.
Several local bar owners lament that while the amendment is great for future business, it won't bring back the regulars they said left because of the ban.
"People find a new place, meet new friends, they're gone for good," said Pat Smith, owner of Pat & Dandy's on Laskey Road.
Though Mr. Smith eventually spent $18,000 on a smoking lounge, he now thinks he should have allowed his customers to just keep smoking in the first place in defiance of the ban, like a few competitors he declines to mention by name.
He'll keep the lounge intact, he said, but as for the main bar, he'll let his customers decide whether to make it smoke-free.
"I'm 90 percent sure it'll go smoke-free," he said. "Still, there's a chance. It's all up to them."
Contact Tad Vezner at:
tvezner@theblade.com
or 419-724-6050.
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