Local businesses prep for Saturday's statewide smoking ban

Local bar owners say the new ban on smoking that exempts nonprofit establishments is not fair.

No one will be able to smoke at restaurants and bars beginning Saturday. There are exemptions to the ban, including country clubs and nonprofit bars such those operated by AMVETS.

However, the law does not recognize establishments considered private clubs by the N.C. Alcohol Law Enforcement agency.

Frank Sicuranza, manager at La Mirage on U.S. 17, said his club has been private for 12 years, but still doesn’t meet the exemption requirements.

“There’s nothing we can do about it,” he said. “We looked at everything possible. It’s not fair that only Elks and Moose Lodges are exempt.”

He said he is sure his business will take a hit, at least initially.

Steve Cheung, manager of Tony’s Seafood and Oyster Bar, said he sees the ban as inevitable.

“I’m from up north where you can’t smoke anywhere, so I’m used to it,” he said. “I see a possible downturn in business, but at the same time there are a lot of people who don’t care for smoking.”

The ban is a health issue, said State Rep. Hugh Holliman, a Davidson County Democrat who pushed the smoking ban though the General Assembly.

"Second-hand smoke is a risk to the public," he said. As House’s majority leader, Holliman has twice battled cancer.

"That’s not why the bill passed, at least I hope not," Holliman said. "I think this bill is being passed because it’s good public policy."

This was Holliman’s third attempt at getting a smoking ban passed by the General Assembly. The previous two attempts failed.

The smoking ban bill started out as a much broader attempt to ban smoking in the workplace. After going through a number of revisions, legislators decided to pass a bill that was much more focused on restaurants and bars.

Holliman said some were concerned that such a broad ban could affect mom and pop businesses with few employees.

"The work sites were dropped out of the bill and it became strictly restaurants and bars," Holliman said.

Baker’s restaurant on U.S. 258 has permitted smoking for 20 years, and manager Ted Cole said he believes the ban is “nonsense.”

He said the ban will negatively affect business at the restaurant.

Under the new law, unenclosed areas of restaurants and bars, such as patios, are exempt, as are cigar bars.

Convenience stores, bowling alleys and other places that sell food must comply with the smoking ban if they are also required comply with state health laws governing sanitation of food establishments.

Restaurant and bar management will be required to post no-smoking signs, remove indoor ashtrays and direct anyone smoking to extinguish his or her cigarette or cigar. A person who continues to smoke after being asked to stop could be subject to a fine of up to $50.

Rucker Johns in Emerald Isle owner Chris Johns and other opponents of the smoking ban argued that decisions should be made by a restaurant’s or bar’s management, not by the government. They said that many restaurant establishments already were either smoke-free or had non-smoking sections.

Holliman took issue with those arguments. He said that partitions that many restaurants used weren’t good enough because smoke would rise over the partitions and into non-smoking areas.

In addition, Holliman said he thinks that a lot of restaurant and bar owners will like the new law because they will no longer have to clean out ashtrays.

Holliman said the Jan. 2 date was chosen as a means of avoiding confusion at New Year’s Eve parties.

"I didn’t want to mess up anybody’s New Year’s Eve party past midnight," Holliman said. "It’s just as easy to start it on the second."

Contact Lindell Kay at 910-219-8456. Read his blog at http://onslowcrime.encblogs.com.