The hard part: Making it stick

Friday, 10 November 2006

By BRANDI BARHITE
brandibarhite@sanduskyregister.com

As area restaurant and bar owners prepare for the state's newly-approved smoking ban, so are the local health departments -- the entities charged with enforcement. - "We won't have smoking in our bingo hall because that's all open to the public," said Bill Arthur, secretary of Elks Lodge No. 285, 120 E. Adams St. "We aren't sure about the private lounge; we are going to ask an attorney for advice."

Some details about the law, which goes into effect in 30 days, still have to be worked out by the Ohio Heath Department, according to SmokeFree Ohio spokeswoman Wendy Simpkins. Actual punishment for smoking ban offenders has not been determined. But restaurant and bar owners might be required to post "No Smoking" signs, she said.

Voters on Tuesday approved Issue 5, SmokeFreeOhio, by 58 percent or 2.1 million votes. SmokeFree Ohio bans smoking in all restaurants, public places and workplaces.

The smoking ban prohibits smoking inside places that invite the public, although it doesn't prevent smoking in a car, outside or in a home, Simpkins said.

Smoking is allowed on outdoor patios, as long as it's not too close to the door. Private clubs can have smoking only under certain circumstances.

"If it's just the members who were smoking in a lounge, that's fine," Simpkins said. "But a club member would have to be serving (drinks) and no children or employees could be inside."

Issue 4, Smoke Less Ohio, was rejected by 64 percent, 2.3 million. The constitutional amendment would have allowed smoking in bars and restaurants if they had separate, enclosed smoking areas. Smoking would have been allowed in veterans halls and bowling alleys, among a few other places.

"We are absolutely not prepared," said Erie County Health Department Director Pete Schade. "We don't have any funding and resources to do this."

Just because the health department already has health inspectors going to area businesses for inspections doesn't mean it can easily enforce the smoking ban as well.

But "we support SmokeFreeOhio," Schade said. "We are open to working with everyone it is going to affect."

Simpkins said educating the health departments and the public is a must.

A bar couldn't just make itself private by charging $1 for a lifetime membership either, she said. The bar would need to get a special D4 liquor license for non-profits.

"There's narrow rules to protect the workers and the public," Simpkins said.

Smoking would still be allowed in tobacco retail stores, hotel rooms designated for smoking and in a home-based businesses with no employees and the public doesn't come in, according to Simpkins.

But "if you had a daycare in your home, you are bringing in members of the public, so your home would need to be smoke-free," she said.

Smoking would still be allowed outdoors at the Cedar Point amusement park, but not inside the park's restaurants or other indoor locations.

"We are currently reviewing our smoking policy for next season. As of today, the policy has not been finalized," said park spokesman Bryan Edwards in a written statement.

Last season, guests were permitted to smoke on the midway. Smoking was prohibited in queue lines, on rides, in kids areas, indoor restaurants, gift shops, live entertainment venues and Soak City waterpark.

Bar owner Larry Gerold isn't happy about the new law. He's waiting to find out about what he's allowed to do.

"I don't smoke, but it's another step for the government to tell us what to do," said Gerold, owner of the Old Dutch Tavern, 2219 E. Perkins Ave.,

Gerold said his bar and restaurant attracts smokers.

"A lot of people smoke and drink at the same time, Gerold said.

But Arthur said the Elks should be OK. "Everybody is going to have to do it so it shouldn't affect business."

Also, "bingo players are still going to play bingo; we are just going to have to give them a smoke break," he said.

FunCoast.com is your online guide to summer fun for Cedar Point, the LakeErie Islands and Sandusky area. Our site offers up-to-date information on area attractions, restaurants, hotels, gasoline prices, ferry schedules, swimming, birding and fishing, along with a complete listing of events happening in the Sandusky/Cedar Point area. To use our Webcam and zoom in on Cedar Point's rollercoasters, go to http://funcam.funcoast.com

Copyright 2006 the Sandusky Register. All rights reserved.

All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of the Sandusky Register or FunCoast.com. You may not alter or remove any trademark, copyright or other notice from copies of the content.