Smoking Allowed even with Smoking Ban

Michigan bars may be able to allow smoking despite the state-wide smoking ban. The catch? They have to pay a fee ... it was always all about money ...

In an article from the MSU State News:

A pair of bills introduced to the state House of Representatives would let certain Michigan bars and restaurants to allow their customers to smoke, even if a state law banning smoking in public places is passed.
Introduced June 21, the bills would work in tandem with the proposed statewide smoking ban, requiring bars and restaurants that want to allow smoking to apply for a permit.

In its current form, the bill would require bars and restaurants to pay a $600 fee for the initial permit with a $500 renewal fee.

"We're listening to both sides of the debate," Rep. Steve Beida, D-Macomb said. "We're sensitive to the fact that there are some unique market niches."

The bills would significantly affect businesses which are marketed as smoking bars, such as hookah bars and cigar bars.

While there is a large tendency to lean toward the overall abolition of smoking in public places. Beida said an overall ban would be unfair to niche businesses that rely on smoking for a large portion of their revenue.

This feeling was echoed by Rep. Paul Condino, D-Oakland, who co-sponsored the smoking permit bills.

"I'm very supportive of the smoking ban," he said. "I don't see it as an alternative, I see it as a supplement."

Condino recognized the importance of smoking for certain businesses and said these bills would allow places like cigar and hookah bars to continue their livelihood.

A statewide ban on public smoking is a big concern for Donald McGrath, owner of Blue Midnight Hookah Lounge, 330 Albert Ave.

"The bill as it is written would put us out of business," McGrath said of the proposed public smoking ban.

The public health concern of being exposed to secondhand smoke is nonexistent for a business such as Blue Midnight, he said.

"In our situation, it doesn't apply," he said. "We don't have nonsmokers. We are, by definition, a smoking establishment. Smoking is our business."

According to 2006 data from the National Restaurant Association, 22 states have banned smoking in all public places. Seventeen states, including Michigan, have some restrictions, and 12 states have no bans or restrictions at all.

If the smoking ban bill and the smoking permit bills pass, Michigan will join Colorado, New York and New Jersey as states who have exemptions in place for certain businesses to allow smoking, even with a general smoking ban in public places.

While the specific concerns for niche smoking bars are addressed, Condino emphasized other establishments could also apply for the permit.

In order for a bar or restaurant to be granted the proposed permit, Condino wants to require a smoking section to be completely separated by a full wall, not a partition, which he said is inadequate.

"What we want to be able to do is prevent a situation that would appall me as a parent," he said, explaining his concern over his children being exposed to secondhand smoke in restaurants, where smoke creeps beyond the smoking section.

For smoking to be permitted in restaurants and bars that serve food, Condino said there "would have to be a separate structure."

The bills do not specify any requirements for bars or restaurants to be approved, nor do they say how long they last until they must be renewed.

The permit fee is up for debate as well.

Both Beida and Condino emphasized the debate on the smoking issue is still very much alive, and the smoking permit bills are still open to amendments as they move through the state Legislature.