Restaurants have to comply with smoking act in May

By Dana Cole
Published/Last Modified on Thursday, March 22, 2007 6:26 PM MDT


Wick News Service


SIERRA VISTA - When May 1 rolls around, bars, restaurants and most businesses across the state will have to start complying with the Smoke Free Arizona Act, a statewide smoking ban that voters passed in November's election.

With passage of the ban - also known as Proposition 201 - some restaurants have already implemented smoking restrictions.

But compliance could be more difficult for bars, where a large percentage of the patrons are smokers.

In addition, there's a question as to exactly how far from entrances of buildings smoking will be allowed, as that piece of Prop. 201's language is vague.

It forbids smoking within a "reasonable distance" from building entrances, but does not define exactly what that distance is. The state is currently considering different recommendations, ranging from a 15-foot barrier to a tougher distance of 25 feet. "We're looking at that now and expect to have a decision soon," said Michael Murphy, spokesman for the Arizona Department of Health Services.

Brad Snyder, general manager of Famous Sam's Restaurant and Bar in Sierra Vista, said his establishment is "up in the air" about what kind of arrangements he'll be making for smokers until the state makes a decision.

"Right now, we know we're going to make accommodations for our customers who smoke, but we don't know exactly what we're doing until the state decides on the distance. I've heard everything from 15 to 20 feet. We truly can't get ready until the state gives us a better idea of how far smokers need to be from the entrance," Snyder said. "Once we know, we're going to do our best to keep everyone happy."

Country House Restaurant, located off Highway 92, will continue to allow customers to smoke until the ban is enforced on May 1.

"The way our restaurant is set up, we really don't have an established area outside where people can go and smoke," said David Johnson, one of the restaurant's managers. "It's a problem for us, because we have a parking area and road that runs in front of the restaurant, so we have safety concerns. The way it stands now, customers who want to smoke will have to go outside and be careful about cars while they're out there."

Sports Gallery Bar and Grill, which is located on Kings Court Drive, has added a covered outdoor section with a separate ventilation system to accommodate patrons who smoke.

Dr. William McCormick, the establishment's owner, said that after Smoke Free Arizona passed, he decided to cover the back patio and include an air circulation and ventilation system separate from the main building.

"I'm an anti-smoking person, but I believe people have a right to smoke," he said. "So, I converted my patio to an outdoor smoking area with its own cooling and heating system. I wish people would stop smoking, but if they want to smoke, I've got a place for them. When the May 1 enforcement time is here, we'll be ready."

Daisy Mae's Stronghold, a popular Sierra Vista restaurant known for its steaks, has no plans for creating a separate smoking area.

"Those who wish to smoke will have to step outside," said Pam Farkas, the restaurant's manager. "We're not going to have an established area for smokers."

Robert Page, owner of the Bisbee Grille, Santiago's and Bisbee Coffee Co., said the three establishments have always been smoke-free.

"We have an outdoor patio area just outside the coffee company where people can go to smoke," he said.

Buddy's Bar in Whetstone has a covered outdoor area with tables and chairs where gatherings such as potlucks and barbecues are held. Once the ban is enforced, smokers will be able to congregate in that area.

Fireside Lounge, another Whetstone bar, has an outdoor area where patrons play horseshoes.

"It's a covered outdoor area where we have our horseshoe pit," said Frances Reeves, manager of the lounge. "Once the smoking ban is enforced, that's where our customers will go to smoke."

Arizona Department of Health Services held three hearings in March to discuss the smoking restriction and different enforcement measures. The agency welcomed input on a number of issues, including how far smoking should be prohibited from entryways.

Information gathered at those hearings will guide state health officials in making a decision about the distance barrier for smokers.

As business owners wait to hear what state officials decide, one thing is clear - bars, restaurants and most businesses will be required to be smoke-free once May 1 arrives.

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