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FL Smoking Ban Takes Effect Tuesday [06/30-5]

Excerpts from: Smoking ban takes effect Tuesday

By Nadia Gergis staff writer TCPalm [6/29/03]

Jo-Anne Hoppe enjoys a cigarette at her favorite hangout, Beef O’Brady’s, in Port St. Lucie. Beginning Tuesday, smoking will no longer be permitted in restaurants and most indoor workplaces.

Bill Leader and his staff at the Palm City Grill will reluctantly throw out all the restaurant's ashtrays and place a "Non-Smoking Only" sign on the premises at 11:59 p.m. on Monday — one minute before the statewide smoking ban takes effect July 1.

"A lot of our smoking customers are upset," said Leader, the restaurant's manager. "We won't do it (enforce the code) a day before June 30. But starting July 1, we will be in accordance of the law."

Leader referred to the amended Florida Clean Indoor Air Act, which bans smoking in nearly all indoor workplaces.

Overwhelmingly passed by Florida voters last year, the ban became part of the Florida Constitution on Jan. 7. Gov. Jeb Bush on June 23 signed legislation implementing the ban.

The Florida Department of Business and Professional Regulation and Florida Department of Health will oversee compliance and enforce penalties.

"This is what the people voted for," said Lindsay Hodges, communications director for the Department of Health. "That is what they got."

But the law is causing some Treasure Coast restaurant owners and managers to lose sleep over the possibility of lost revenue, because they fear some die-hard smokers might not frequent restaurants as often and others might stay away altogether.

"This is going to hurt us big time," said Dawn Lehman, manager of M&M's Restaurant & Deli in Palm City. "I know a lot of people usually come in for a cup of coffee and a cigarette before work in the morning. Now that is all going to change."

To accommodate her smoking customers, Lehman is making arrangements to have outdoor seating available.

"This is an added expense, but we want to cater to our customers that smoke," she said.

The deli is not the only establishment thinking about serving their smoking clientele on outdoor patios.

Plans on hold

Matthew Robb, general manager at the Jensen Ale House and Raw Bar, said he is thinking about expanding the patio to seat 30 customers. But he'll wait until after the law goes into effect to gauge customer traffic and complaints.

"We have talked to builders about extending a patio area out front," Robb said.

The restaurant is waiting for specific guidelines from the Department of Business and Professional Regulation before they decide.

"If we put a roof on our patio, are they going to consider it indoors? People wouldn't be able to smoke there either then," Robb said.

Robb isn't the only restaurant manager confused about the requirements and how the law will be enforced.

"To my understanding, once the laws are written, then restaurants are given a new time parameter to adhere to them, because they haven't informed us of anything yet," said Tami McHale, manager of the St. Lucie Draft House.

Patty McGee, owner of Archie's Seabreeze in Fort Pierce, concurred.

"I've got no notification about this law. I don't know what the rules are," McGee said. "We discuss it every day sitting at the bar. We tried to figure it out online, but you need to be a lawyer."

Ian Lloyd, operator of The Original Tiki Bar and Restaurant in Fort Pierce, is both a restaurateur and attorney. He said the law remains unclear to some in the hospitality industry.

"I don't think most restaurants know how the law will be interpreted," Lloyd said.

According to the law, if a restaurant's patio is enclosed 50 percent or more on the sides and at least 50 percent above, smoking is not allowed.

Smoking will be allowed in stand-alone bars and nightclubs where food sales provide less than 10 percent of the establishments' revenue.

Meg Shannon, spokeswoman for the Department of Business and Professional Regulation, said the agency has not yet notified restaurants or bars of the new regulations or how they will be enforced.

"We are still developing an outreach plan and an enforcement code," Shannon said. "We are still in the process of working all that out."

Similar bans

Amendment 6 was passed by 71 percent of the voters in the Nov. 5 election and won a majority in all of Florida's 67 counties. Other jurisdictions, including New York City and California, have similar indoor smoking bans.

A media campaign to inform employers of the new law and penalties is tentatively planned in August after the Legislature appropriates funds for the media blitz.

"I can tell you that the code will be initiated by citizens' complaints," said Donna Arnold, program manager at the Health Department.

After violations are reported, compliance is required within 30 days or the agency will assess a civil penalty of between $250 and $750 for the first violation and between $500 and $2,000 for each subsequent violation, Arnold said.

That worries some officials at the Florida Restaurant Association, because the state attracts many foreigners and tourists who are unaware of non-smoking laws.

"We lobbied hard against the change, but it went on the ballot and 71 percent of Florida voters said 'yes,'" said Lea Crusberg, spokeswoman for the restaurant trade group.

"There is not a lot of recourse there. Some restaurant operators may experience some problems," she said. "They are going to have to tell some of their customers, especially foreign ones, they are not allowed to smoke in their restaurant because of the new law."

Joe Devine, a regular at Stuart Grill and Ale, said he will no longer frequent the restaurant after July 1. Instead, he's made changes at home.

"I have designed a tiki bar for my back yard," said Devine, originally from Ireland. "I came here eight years ago and have been going to a lot of these bars after work. But starting the first, I will smoke and drink at my own tiki bar at home."

Kelli Smith, also a regular at Stuart Grill and Ale, said the new law will hurt businesses more than customers.

"As much as it is a hassle for smokers to go outside and smoke a cigarette, it is more of a problem for these bar owners to lose our business," Smith said as she sat at the bar for a cigarette before dinner.

But for some business owners, the law will have no effect on the bottom line.

Smoke-free helped

Paul and Linda Daly, owners of the Flagler Grill in downtown Stuart, said their establishment has been smoke-free since it opened in 1998. They say being smoke-free has actually helped bring in business.

"When we first bought the place, we decided to make it non-smoking," Paul Daly said. "It actually enhanced our business."

For Pat Townsend, a non-smoking business owner, the constitutional amendment was a welcome initiative.

"I don't smoke, but we are thinking about putting benches out front for our smokers," said Townsend, owner of the Beef O'Brady's in St. Lucie County.

Robert Kukulski, general manager of R.J. Gators in Stuart, thinks the ban might help his business.

"I think it's a good thing, to be honest," Kukulski said. "I get more business from the people that don't smoke anyway."

Staff writer Mark Pollio contributed to this report.

- nadia.gergis@scripps.com

BANNED

*Enclosed, indoor workplaces, which are defined as any place where one or more persons engage in work, even if it is a nonprofit's workplace for one or more of its employees.

*It does not matter whether work is occurring at any particular time, as long as work occurs at some time.

*All indoor areas are included, such as hallways, corridors, lobbies, conference rooms, aisles, water fountain areas, break rooms, restrooms, stairwells and entryways.

Where to complain:
Florida Department of Business Professional Regulation
Web site: www.state.fl.us/dbpr
Phone: (850) 487-1395
Address: 1940 N. Monroe St., Tallahassee, FL 32399-1021
For all other enclosed workplace complaints, call the Florida Department of Health at (800) 337-3742.

PERMITTED

*Private homes not used for commercial child care, adult care or health care

*Tobacco shops

*Tobacco manufacturing facilities

*Designated guest rooms in hotels and motels

*Stop-smoking programs approved by the Florida Department of Health

*Medical or scientific research

*"In-transit" airport smoking lounges under control of U.S. Customs and Border Patrol

*Stand-alone bars that receive less than 10 percent of gross revenue from food

*Outdoor patios

*Membership association facilities used exclusively for non-commercial activity if no person is engaged in work

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