Restaurant smoking ban takes effect Sunday

Restaurants, bars and other hospitality businesses will become tobacco smoke free, beginning Sunday, throughout North Carolina. Local restaurateurs say they are ready for the statewide smoking ban.

Earlier this year, Gov. Bev Perdue signed into law a ban on "smoking in certain public places and certain places of employment." The statute cites evidence indicating that second-hand smoke causes cancer and asthma as the compelling public health interest justifying the law that many have called "draconian" and contrary to basic American "freedoms."

"I think it's stupid," said Chuck Colvin as he paid for his lunch at the Market Grill on U.S. 70 East Wednesday. "I don't care one way or the other, I suppose, 'cause I quit on Jan. 3, 1986. But it's stupid. If you don't like to be around smoke, don't go in where there's smoking. That's just common sense."

Donna Pearson, a familiar face behind the counter there, said the restaurant was ready. She didn't know if the customers were, but said they'd figure it out quick enough.

"I don't think it'll do anything to us one way or the other," she said. "Some of the coffee drinkers in the morning sit there and smoke and smoke, so I guess it'll bother some of them.

"This restaurant has been here for 11 or 12 years," Pearson added, "and we see the same people year after year. They'll just have to smoke before they come in and after they leave," but however it sits with the customers, the ashtrays are going away this weekend. "Maybe it'll help us all quit."

Colvin said he obsessively chewed swizzle sticks for about six months after making the break, but has not been bothered by it since.

"It's not that bad," he stated. "Sometimes the smell of cigarettes bothers me, but usually I don't care one way or the other."

The statute forbids smoking (defined as possessing a lit cigar, pipe or cigarette) in restaurants and bars. It makes exception for designated smoking guest rooms in lodging establishments, but mandates that no more that 20 percent of guest rooms may be so designated.

It also makes exception for a "cigar bar," provided the facility is located in a freestanding structure not used for any other purpose. It also requires that the cigar bar derive not less than 60 percent of its revenue from alcohol sales and 25 percent from the sale of cigars. Sales of cigarettes or of pipe or rolling tobacco cannot be counted toward that percentage. The owner must report revenues each quarter to demonstrate compliance.

The law states that a violation is not a misdemeanor. It mandates a $50 fine for a violation but says violators will not be liable for court costs. It empowers the local health department director to issue two written warnings to owners or managers of establishments that allow smoking in defiance of the statute. After that, the health director is empowered to fine the manager $200 per day of infraction.

The McDowell News visited the Waffle House on N.C. 226 South Tuesday to see how the ban would be felt there.

About one-third of the tables in Marion's Waffle House are in the smoking section. At lunchtime, the place was packed and there was plenty of smoke, but the store has such an effective ventilation system that the reporter could not smell it.

Rob Clavette has been the manager since the store opened about three years ago. He said he was looking forward to the change, as he'd just as soon work in a no smoking environment. He said that the company has found that when a store goes smoke-free, there is a negative impact, but only temporarily.

"We take a hit for a month or so," he said, "but then it generally leads to an increase in sales."