Smoking No Man's Land: Law revisions threaten businesses' investment

|tab|

Restaurant owners Ismail Balazi and Michael Ngo have spent a combined $27,000 to set up separate smoking rooms required after the July 7 ban on smoking in restaurants.|ret||ret||tab|

Now it could be money wasted.|ret||ret||tab|

City Council, after a flurry of complaints from restaurants, health officials and the public, has considered three possible revisions of the smoking ban with options ranging from an elimination of all exemptions to putting it out for a public vote.|ret||ret||tab|

An ad hoc committee, created to find a middle ground on the perplexing ordinance, is expected to make a recommendation on what action to take. |ret||ret||tab|

"That makes me kind of angry after I put all this money into it," Ngo said, referring to the city's proposal that would void the purpose of his 50-seat smoking room at Copper Station, 853 N. Glenstone Ave. "But I've got no choice at least I can use it for now."|ret||ret||tab|

Ngo spent $9,000 to create an enclosed room with a separate ventilation system in May. Balazi opened his $18,000, 96-seat smoking room at Ben's Carriage House July 14 at 1772 S. Glenstone Ave.|ret||ret||tab|

Both Balazi and Ngo installed ventilation systems before talks of a complete ban surfaced. Since opening the separate smoking room, restaurant sales at Ben's Carriage House have increased 10 percent, Balazi said. |ret||ret||tab|

But those choices could go up in smoke if City Council changes the bill.|ret||ret||tab|

The current law bans smoking in city restaurants except those that report 50 percent of profits from liquor sales or $200,000 in annual liquor sales. Restaurants with fewer than 50 seats also are exempt. |ret||ret||tab|

Restaurants not fitting into those categories were allowed an exemption if they created a smoking room with a separate ventilation system.|ret||ret||tab|

A group of restaurant owners, speaking at a Sept. 3 closed-door committee meeting, requested that separately ventilated enclosed rooms in restaurants be exempt from the proposed citywide smoking ban. |ret||ret||tab|

These talks have led Springfield-Greene County Health Department officials to gather research determining the effectiveness of separate ventilation systems, according to Tracy Kimberlin, committee chair and executive director of the Springfield Convention and Visitor's Bureau. Health Department officials are expected to release the information this week.|ret||ret||tab|

"That's what the restaurant group would like to see (happen)," Kimberlin said of the latest exemption under discussion. "Whether they can reach a compromise on that issue is still up in the air."|ret||ret||tab|

The committee is expected to make a recommendation to City Council following a second meeting. The meeting date was not scheduled at press time.|ret||ret||tab|

Neither Balazi nor Ngo are on the committee.|ret||ret||tab|

Mayor Tom Carlson removed from council's Sept. 22 agenda a trio of bills relating to the smoking ban issue. Council had planned to vote on the bills, among them a resolution banning smoking in all public places in Springfield, including restaurants, bars, bowling alleys, pool halls and bingo halls. |ret||ret||tab|

Another bill would have put the issue to a public vote on Nov. 2, 2004. The third pending bill, coined the hardship exemption, would exempt restaurants that can prove a 20 percent loss in total sales during July, August and September, compared to the same months last year. The hardship exemption would last until Jan. 2, 2005.|ret||ret||tab|

Former councilman Bob Chancellor already has asked council that bingo halls be exempt from the ban because they are not-for-profit operations that raise money for area charities. Chancellor is a member of Sertoma, which hosts bingo games.|ret||ret||tab|

Carlson said there has been no decision made whether any changes to the smoking law would take effect immediately or if any businesses that modified their buildings to comply with the initial smoking ban would be grandfathered.|ret||ret||tab|

|ret||ret||tab|

Ordinance enforcement|ret||ret||tab|

Also discussed at the committee meeting was the question of ordinance enforcement, Kimberlin said. Who would be responsible for enforcing the smoking ordinance if an individual lights up in a prohibited area?|ret||ret||tab|

"I'm sure somebody would bring it to our attention, and we'd send the appropriate city official to go over and have a counseling session with the owner of the restaurant," Carlson said.|ret||ret||tab|

While business owners are ultimately responsible, there are no specific guidelines laid out by the city. |ret||ret||tab|

No fines are set forth in the law, either.|ret||ret||tab|

"It'd be left up to the judge's discretion," Carlson added.|ret||ret||tab|

Other topics addressed were smoking in open-air areas of restaurants or bars such as sidewalk cafes, and how a restaurant should be defined in the ordinance: food sales representing 50 percent of profits versus 10 percent of profits. Restaurant owners favor 50 percent.|ret||ret||tab|

"That may not be as big of an issue, depending on the outcome of the (Health Department's) research," Kimberlin said.|ret||ret||tab|

Kimberlin said that regardless of whether council accepts the committee's suggestions, it's likely that the issue will go to a public vote.|ret||ret||tab|

"I don't think anyone has a problem with it going to a vote," he said.|ret||ret||tab|

Ngo agrees, even if it means his investment is null.|ret||ret||tab|

"I don't want the city (deciding) because they think that's the way it should be," Ngo said. "I'd rather have the public those that go out and eat (decide). If they say it's better for them, I'd rather have that."|ret||ret||tab|

[[In-content Ad]]