Clock ticking for St. Joseph County bars and restaurants to go smoke free

by Troy Kehoe (tkehoe@wsbt.com)

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St. Joseph County smoking ban

More than 40 bars and restaurants in St. Joseph County have until April 10, 2008 to become smoke free after receiving an extension when the smoking ban went into effect in 2006.(WSBT photo)

By WSBT News1

ST. JOSEPH COUNTY — Time is almost up for more than 40 bars and restaurants to comply with St. Joseph County's new smoking ban. They were given an extra two years to become smoke free, but that grace period ends April 10.

All of the businesses received an extension when the county's general smoking ban went into effect in 2006. The two-year deal was granted to establishments whose food sales totaled less than $450,000 a year.

Many are bars whose primary sales come from alcohol, but several dozen smaller sized restaurants are also included.

See the list of bars and restaurants that received an extension. (.pdf)

Starting April 10, restaurants on the list with a liquor license will have two options.

"They can partition off a smoking area that has to be completely enclosed from floor to ceiling, where the smoke cannot filter back into a non-smoking area," said St. Joseph County Health Department food services supervisor Rita Hooton. "But they can only have a separate smoking area if they serve alcohol, and can monitor who enters the establishment."

If smoking is permitted, no one under the age of 18 can be allowed inside.

"If you don't have an alcohol license, you're going to be totally smoke free," said Hooton.

While the approaching deadline may have caught some off guard, Hooton says it shouldn't come as a shock to any of the businesses.

"We've been very proactive with informing the people that have the two-year extension," she said. "They've received a number of letters starting January 1. [It] shouldn't come as a surprise."

Even so, some businesses put off the "last minute" remodeling projects, and are now faced with an increased cost.

But at Mr. G's restaurant and bar in Osceola, owner Kevin Candler is preparing for something else.

"I'm preparing to lose my family business," he said. "Because I'm not going to segregate my place. If St. Joe County would fall in line with what Illinois did, or what Indianapolis did, or Fort Wayne, in two years, it's going to be all non-smoking anyway. So whatever improvements I put up will be moot."

Illinois recently banned smoking in all public buildings statewide.

Because his plan to make the entire building "enclosed smoking" means he'll have to ban anyone under 18, he's sure his decision will affect his bottom line.

Others who made the switch two years ago say it hasn't hurt them.

"We've actually seen some increase in business for us," said Bret Robertson, General Manager of Buffalo Wild Wings downtown South Bend location. "Most of our bar traffic is smokers, so it allows them to still smoke and enjoy the sports and everything. People can still enjoy the bar atmosphere, whether they smoke or not."

While Robertson doesn't call the solution "perfect," he says it's been a good compromise.

"I don't really hear too much complaining. Occasionally you might get someone in from out of state that might come in, not too happy that they have to go into the bar to smoke. But for the most part, the complaining has been very minimal."

Candler says that's not what his customers say.

"The customers with kids under 18, they're not happy about finding someplace else to go, and I'm not happy about losing their business. But, what am I going to do?"

Hooton hopes to answer that question at a training session for businesses on March 31. It runs from 9 a.m. to 11 a.m. at the St. Joseph County Public Library's Colfax Auditorium.

Once the ban takes effect, Hooton says enforcement will be "complaint based."

Violators face a $50 fine for smoking in a non-smoking area.

Businesses will receive a verbal warning first, and can be fined up to $1,000 for subsequent offenses.

Thursday, Apr 10 at 11:53 PM Anonymous wrote ...

I think that these bans are 100% wrong and not just because I smoke. It's a matter of rights and freedoms being taken away from both the business owner and the individual. What's next for the nonsmokers and the government? To ban me from being able to smoke in my house? I wouldn't put it past them these days. I get told to go outside. Fine. But you can make choices too. If you don't like smokers, go to the multitude of places that cater to you and leave us alone!!!

Thursday, Apr 10 at 11:42 PM Anonymous wrote ...

Nonsmokers are getting their way and still complaining about us. Enough already. I am fed up with being treated like a 2nd class citizen and I should not be forced to stop living my life the way I see fit so that they can be pampered and catered to. It is not a trivial matter to be alarmed about rights being taken away either. After this attempt at the 2nd coming of Prohition falls flat on its face like the original one did, what other forms of legal discrimination will there be left to exploit?

Saturday, Apr 5 at 12:13 PM Mishawaka wrote ...

What's next? Ban Fireplaces in homes because the neighborhood can smell it and breath it? What about industry emissions and auto emissions? Just wait and see what banning smoking altogether will do for your taxes!

Friday, Apr 4 at 10:59 PM Kenny wrote ...

Our country would be much safer if alcohol, tobacco and pornography were all illegal. Addiction turns otherwise rational people, irrational. Please, if you're going to smoke, please don't expose your children and pets. THINK!!!

Monday, Mar 24 at 11:55 AM Ken wrote ...

Why dont we just ban living. That should take care of everything. This country has really bumped its head.

Friday, Mar 21 at 7:01 PM Disturbed wrote ...

See they couldn't get people to stop by taxing them,so now they have to try by banning it in public places,it didn't deter people from drinking during the prohibition era.I do agree with the earlier comment,you can wait an hour for a cigarette,or just simply get up and go outside and do it.I am a smoker,but I also know how to compromise.

Friday, Mar 21 at 2:58 PM Fed up too! wrote ...

Well said! I totally agree.

Friday, Mar 21 at 2:35 PM CURT wrote ...

WHATS NEXT THERE GONNA BAN US FROMSMOKING IN ARE HOMES AN IN ARE CARS SHEEESH USA WAKE THE HELL UP SO WHAT WE SMOKE WQE DIE YOUR GOING OT DIE FROM SOMETHING LOOK AT IT THIS WAY SOMEPPL THAT DONT SMOKE ARE MORE LIKEY TO DIE FROM SECOND HAND SMOKE THEN SMOKERS I HAD DOG NEVER SMOKED A DAY IN HIS LIFE HE DIED OF LUNG CANCER I SAY LET IT BE SHEEEESH

Friday, Mar 21 at 2:17 PM Fed Up with Smokers Who Don't Respect Non-Smoker Rights! wrote ...

If the restaurant owners were to ask those owners in say Ft Wayne they'll tell you that it hasn't affected their business and they have actually seen an increase because (1) there is a faster turn on tables, and (2) cost of cleaning is cut drastically because they aren't having to scrub tables, seating, walls... smokers: I have as much of a right to breathe clean air as you do you to slowly kill yourself. do it in your own home, don't make me sick with your "sick" habit.

Friday, Mar 21 at 1:53 PM Anonymous in Granger wrote ...

What about walking through the smoke at the doors of restaurants because people are going outside to smoke? I know it's outside, but I still smell like smoke after walking through it. I'm now breathing in the smoke that has accumulated on my clothes. Also, what about places like TGI Fridays, where they leave the kitchen doors open a lot and smoke drifts out? I have gone there since the ban and still leave with smoke smell on my clothes. It's disturbing to a nonsmoker, who likes the restaurant.

Friday, Mar 21 at 1:10 PM Phil wrote ...

Can't wait till they ban smoking all together....

Friday, Mar 21 at 12:27 PM lorrie wrote ...

The comment about noisy children being banned is ridiculous. Smoking and smoke are proven killers. It is the number one cause of heart disease. If you want to risk your life go ahead but, do not involve me. States that have non-smoking bans in bars and everywhere are doing just fine. Apparently their lazy smokers don't mind taking their nasty habit outside.

Friday, Mar 21 at 11:51 AM Reasoning wrote ...

As a reformed smoker of over 20 years. I can't stand the smell NOW...but, I also feel for the ones who are unable to quit. As far as the 2nd hand smoke, leave and go elsewhere. Children, suffer the most, because they cant leave. But still, bottom line, and I can say this..smoking damages your lungs and insides. Smoke in your homes, or outside. Remember when you could smoke in hospitals. soon, you won't be able to smoke anywehere. Its inevitable.

Friday, Mar 21 at 11:41 AM Don't understand wrote ...

Why are smokers making such a big deal about this? They are not being told to smoke, they are just being asked to go outside, for the most part. It is not a matter of telling non smokers or smokers to go elsewhere. Is it really that difficult to just go outside if you feel the need to smoke so badly? I don't think that is asking som much if you really just think about it.

Friday, Mar 21 at 10:47 AM Bill H wrote ...

Why do the smokers gather at Mr G's, because they allways could. Things have been this way for 100's of years, why are we having so much governmental control now? There is places for non smokers to go also, the non smokers than go to G's and OC cafe go there even though some smoke, it is their choice. Why fix it if it isn't broken?

Friday, Mar 21 at 10:40 AM smoke-free wrote ...

Smokers are the ones that should be forced to decide if they want to go to a smoke-free establishment, not the other way around. Think about it- why is smoking not permitted in places like hospitals? It is because second hand smoke IS dangerous. Its not just a nuisance, it is a health risk.

Friday, Mar 21 at 10:20 AM Anonymous wrote ...

i have never smoked, and i still think it should be your choice to allow smoking or not...if they allow smoking and you dont like it, stay out of there.....

Friday, Mar 21 at 10:13 AM Athsmatic wrote wrote ...

You call smoking a right? Well, I also have a right to breathe clean air. You tell those who don't like 2nd hand smoke to go elsewhere. Well is it going to kill a smoker to stay where they are and just go outside, um no. But your 2nd hand smoke will kill me in an enclosed place. Nobody is telling you not to smoke, they are just telling you to be more considerate about where you do it. It is not a right, it is a habit, a bad one.

Friday, Mar 21 at 9:42 AM warsaw wrote ...

just a funny comment, KCH in Warsaw went "smoke free" but they allow employees to go to the church parking lot or the "fitness trail?" to smoke, DAH! I think the smoke free policy is a joke, they must get some kind of kickback for going non smoking from the gov.

Friday, Mar 21 at 9:11 AM Booze Tax? wrote ...

Hey why not add a Booze tax to help pay for all the things our Govt is protecting us from?

Friday, Mar 21 at 9:00 AM Mitch wrote ...

Who in their right mind would take their children in a smoke filled restaurant? Are you all so ignorant to disregard the proven effects of second hand smoke? I live my adult life with asthma and an allergy to cig smoke because my parents didn't make better choices. It was miserable for me to ride in the car during the cold months and having windows rolled up. Smokers just think of themselves...which is typical of addictions. Don't say you can stop when you want..you can't.

Friday, Mar 21 at 8:49 AM ms wrote ...

Fine - local gov't bans smoking - that will mean less income from taxes on cigarettes smoked. But wait - gov't will just raise taxes again to make up the loss. They are legal to buy but not to smoke. Now I think the gov't should ban cell phone use while dining - they are are a nuisance - could possible cause cancer and definitely cause accidents with all those idiots who have to talk and drive. More to follow after I finish my smoke that I paid for and can and will smoke.

Friday, Mar 21 at 8:17 AM Fresh Air wrote ...

To the smokers who are worried about their "freedoms" or "rights", remember- this is a public safety issue, not a freedom issue. You can legally buy a car, but its illegal to drive that car down a sidewalk, because it could harm people. Same thing with indoor smoking. Second-hand smoke is very harmful. If you want to smoke- go outside.

Friday, Mar 21 at 7:28 AM somebody wrote ...

I know my stepdaughter loves Mr. G's shrimp dinner, we like the atmoshere there and alot of our friends go there, we can play pool with the kids, sit and relax and enjoy great food. thanks st. joe for taking away our family fun time.

Friday, Mar 21 at 5:25 AM Anonymous wrote ...

i think if a county or city wants to ban smoking they should also ban the sell of cigarettes. every place that sells them is a public place so if you can't smoke in a public place you shouldn't be able to sell them in a public place. but they won't because they will lose the money from taxes

Friday, Mar 21 at 5:09 AM ws wrote ...

It is a right not a luxury...it is legal...what will be next??? perhaps they will outlaw small noisy children from public places that way we can have a smoke free quiet place to eat... Think about it people....what will they ban next??????????

Friday, Mar 21 at 3:18 AM Max Snyder wrote ...

There is no land of the free any more. We are not a commie country. It's theri business. It should be there right to run it the way they want. You don't have to go in.

Friday, Mar 21 at 12:42 AM Diane wrote ...

Here's just one more way the government is controlling things. Personally, I'm sick of "big brother" watching every move I make. Whatever happened to "land of the free"? Seems to me that people's freedoms are being taken away awfully quick, especially the small business owners.

Friday, Mar 21 at 12:35 AM annette wrote ...

It should be the right of the business owner whether they choose to cater to smokers. If you are a non-smoker than you can go to the business that chooses to be smoke free. And to say that smoking is a privilage is just stupid. It is not a "privilage" it is a "right". They are legal, I pay for them, I'm of age..it is my right to smoke them and the right of the person or person's who own a business to choose to allow it or not.

Thursday, Mar 20 at 11:32 PM Todd wrote ...

I doubt anybody has lost much money over the smoking ban. The manager of Buffalo Wild Wings is correct...I will now go there as I would not before. The guy in OC is not loosing his family business due to the law..he is doing it on his own will. People can wait an hour to have a cig. Its a luxury and not a right. Being able not to be assaulted by second hand smoke however is a right.

Thursday, Mar 20 at 11:27 PM SB Resident wrote ...

It is sad that a legal substance can be banned in this way. Tom's downtown clients are mostly county & city workers who eat, read & smoke at breakfast & lunch. It makes me feel like a 3rd class citizen

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