Skip to comments.

Posted on 10/31/2003 5:16:03 AM PST by Arrowhead1952

Council allows smoking in bars and restaurants, considers smoke-free 'First Monday'

By Jeremy Schwartz

AMERICAN-STATESMAN STAFF

Friday, October 31, 2003

The Austin City Council on Thursday repealed a 5-month-old smoking ban that never went into effect, passing a revised ordinance that will allow smoking in restaurants and bars to continue.

Although Oct. 30, 2003, will be a dark day in the annals of the anti-smoking movement, city officials hope it will give birth to a healthy Austin tradition. As part of a last-minute round of horse trading before voting, council members instituted First Monday, a day during which they want all live music venues to offer an entire night of nonsmoking fun.

First Monday is based on the successful First Thursday concept, which brings revelry to the shops on South Congress on the first Thursday of each month.

The pilot program will start in February -- two months before the revised smoking ordinance kicks in -- and last for six months. Officials hope it will catch on and spread to busier and more profitable nights of the week.

Council Member Daryl Slusher, who voted against the revised smoking ordinance, suggested making it First Friday, which drew a round of guffaws from bar owners in attendance. Council Member Danny Thomas also opposed the revision.

First Monday won't have the force of law behind it, but John Wickham, who heads the Red River District Association, home to many of the city's live music venues, said he thinks most clubs will participate.

"This gives us an opportunity to explore (alternatives) on a more voluntary basis," he said. "If this is what it takes to (allow smoking on other nights), you'll see the live music community come out and support it."

Smoking ban proponents also applauded the idea, brokered by Council Member Betty Dunkerley, but that was all they were happy with.

"I think today is definitely a defeat in terms of the public health in the city of Austin," said Rodney Ahart, a representative with the American Cancer Society. Ahart said anti-smoking forces plan to be active in upcoming elections to try and swing future votes.

The elections of Mayor Will Wynn and Council Member Brewster McCracken shifted support on the council away from the ban approved by former Mayor Gus Garcia's regime in June.

The revised ordinance lets bar and restaurant owners allow smoking if they buy $300 annual permits that will fund enforcement and tobacco education. The permit was originally $100, but Slusher pushed to increase the fee, which will be re-evaluated after six months.

The council also voted to define bars as establishments that get at least 70 percent of their revenue from alcohol sales, a change favored by Council Member Raul Alvarez. Restaurants and establishments that don't reach that level must build fully enclosed smoking sections with separate ventilation systems if they want a smoking permit.

A draft ordinance put the cutoff at 51 percent. Bar owners are worried that Warehouse District establishments, which are primarily bars but offer large appetizer menus, will be forced to build smoking sections. Wynn theorized many places would serve less food to escape the definition.

Bar owners estimate that the higher cutoff could affect dozens of Austin nightspots.

The ordinance also requires 52 two-hour smoke-free sets at live music venues per year, but the number could be changed based on the results of the First Monday experiment.

The ordinance also left some bar owners confused in regards to all-ages shows because it prohibits anyone younger than 18 from entering a smoking-approved facility. Officials said that wrinkle could be worked out once the ordinance is implemented.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.