Puffing out the smoke

Sat, Dec 19, 2009    to del.icio.us

A law that will be enforced next year will smother the smoke of cigarettes in the workplace, and the plan is drawing heat from those who see a considerable amount of smokers — bars and restaurants.

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"I feel it should be an individual owner's right of whether we should have smoking or nonsmoking," said Fred Sears, owner of Vic's Restaurant & Lounge in Spring Lake Township.

The ban takes effect in May 2010 and applies to all bars, restaurants and workplaces. Casino gaming floors — as well as cigar bars, tobacco specialty stores, home offices and motor vehicles — will not be impacted.

Michigan is the 38th state to limit smoking in public places.

Sears said he has mixed reactions about the plan that was signed into law Friday by Gov. Jennifer Granholm.

"I hope for the best and fear the worst," he said.

On one hand, Sears predicts the new law could cause a lot of hardship for businesses if customers decide to stay home since they will be unable to smoke. Vic's Restaurant currently has a smoking and nonsmoking section so patrons can choose if they want to be around smoke.

"I think it's going to force a lot of people out of business," Sears said, adding this latest development is in addition to a sour economy and change in seasons, all which play a role in slowing down business.

Even though he is concerned with survival, Sears also sees a possibility where customers eventually grow accustomed to the ban on smoking and return to their favorite establishments.

"I imagine we're going to see a downturn in the onset, but people will get used to it," he said, adding that he gets customers in his restaurant from out of state who are surprised that smoking is still allowed in Michigan restaurants.

One thing that Sears is happy about is that, aside from the casino exemption, the ban is an even playing field — meaning just about everyone must comply. He said other proposals that floated around in years past would have allowed certain locations that have alcohol as the primary product to allow smoking, while places where alcohol is on the lower end of the sales spectrum would not allow smoking.

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A smoking ban in all workplaces has been in effect in Ottawa County since the beginning of 2008. But restaurants, bars and other establishments with food service licenses are exempt from that ban. Tobacco specialty stores, adult foster care facilities and private residences are also exempt.

While the state is working on a plan to implement the statewide ban, the details are still unclear, said Amy Oosterink of the Ottawa County Health Department.

"Every state does it differently," she said.

Once the details of the ban come across, local health departments will be in charge of its enforcement. Currently, Ottawa County investigates complaints received via phone, fax, e-mail and in person, Oosterink said. A business in violation faces a possible fine, although no fines have been handed out since Ottawa County's ban went into effect.

Others in the local restaurant and bar scene have alternative takes on the smoking ban.

"I don't see it being a problem at all," said Tim Riley, general manager of The Kirby House, 2 Washington Ave. in downtown Grand Haven.

Riley said the amount of smoking inside his establishment depends on the time of day. He said during after-dinner hours and on weekend nights, there tends to be more smoking than before dinner.

In terms of the ban causing people to stay home instead of going out to bars and restaurants, Riley doesn't see that as a major problem either.

"They want to be where other people are," he said, adding customers will adjust to the changes.