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by linkup on Sun Jun 17, 2007 7:08 pm
http://www.zwire.com/site/news.cfm?newsid=18451600&BRD=1817&PAG=461&dept_id=68561&rfi=6

Area bar owners seek ideas; seeing loss of business from smoking ban

By MEGAN J. HENNESSEY, Staff Writer June 08, 2007

Staff photo by Steven King, Patrons at the Wonder Bar in downtown Casa Grande are advised of the new ground rules against smoking before entering the establishment. Arizona’s new law restricting smoking in public places went into effect May 1.

The newest addition to Los Kakar's City Limits Tavern on Jimmie Kerr Boulevard is a bright red "No Smoking" sign on the front door.
The Smoke Free Arizona Act, effective statewide on May 1, mandates that signs like the one at Kakar's must be conspicuous and posted at all entrances to bars, restaurants and other businesses. The act prohibits smoking inside all public places and places of employment, with the exception of tobacco retail stores, private veterans or fraternal clubs, designated hotel rooms, religious services and outdoor patios.
Bar and restaurant owners have taken a financial hit as a result, and some are being forced to cut back on operating hours. Owner Mike Kakar says that before SFAA, he used to open his bar at 6 a.m. for smoking patrons, but now opens at 10. He has also installed swamp coolers and a mister system outside the bar for smokers who must light up at least 20 feet away from the building's doors and windows under the law that was passed by voters last November.


On Tuesday, Kakar hosted a meeting for leaders of the Arizona Alcohol Service Providers Association and local bar owners to discuss the consequences of the new law.

AASPA is a grassroots organization that was founded in November 2006 and is based in Tucson. According to the group's Web site, its mission is to promote and protect the civil freedoms of owners, employees and patrons of the licensed beverage industries. John Disney of AASPA said the group is opposed to the new smoking ban "with a passion."

The meeting at Kakar's served as a public forum for area bar owners to discuss their concerns, and AASPA leader Glen Gifford gave a brief presentation.

Gifford likened the bureaucracy behind the ban to "a gestapo" and said the group needs donations and at least 450,000 signatures for petitions as a step to repealing the law. At last count, this petition had approximately 15,000 signatures. Gifford said that AASPA's first priority is "organization and troops."

Kakar agrees. "If we don't work together, we will definitely lose," he said.

Alfonso Larriva of Phoenix seems to be the maverick of the fledgling anti-SFAA movement, having recently made headlines for deliberately violating the law at his Metro Sportz Bar & Restaurant on North Black Canyon Highway in Phoenix. At the meeting, Larriva distributed an open letter explaining his method of installing vents in the walls of his bar. The vents, he insists, serve as the loophole to SFAA that turn his building into an unenclosed patio, which he said is a permissible exception for smoking under the law. Larriva is in the midst of a suit against the state and called for donations to cover his legal fees.

An application for an injunction against Metro Sports Bar and Restaurant filed by Arizona Attorney General Terry Goddard's office said Larriva's installations of vents are "nothing more than flagrant attempts to avoid compliance with the law."

Some area bar owners are exploring the patio option, which can be expensive. Beatrice Bibby, owner of Bee's Bar in San Manuel, estimates that it may cost up to $4,000 for just an architectural permit for a patio conversion. Even then, patrons would not be permitted to take drinks outside without amendments made to the bar's liquor license.

Some critics say the crux of the matter, however, is not the definition of "enclosed area" or "patio" according to the law, but rather what the ban means for civil rights. Debbie Garcia, who works as a bartender for Kakar's said, "We should have the right to choose to smoke or not smoke."

Currently, AASPA is not backed by the ACLU or any tobacco companies and it remains to be seen whether the group will start a legal battle for smokers' rights.

It is clear that overturning the smoking ban that is now enforced by health departments is an uphill battle for bar owners like Larriva, even with the help of zealous organizations such as AASPA. Even so, the men and women working in the bar and restaurant services have formed a tight-knit community and are determined to protect their personal and business interests. According to Kakar, "We don't know what will happen, but it doesn't hurt to try."




©Casa Grande Valley Newspapers Inc. 2007
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by Smoking Mad on Tue Jun 26, 2007 8:43 pm
But it's not going to be enforced until Oct 1, 2007. Go figure! It was passed in just a few days and no one I know had time to respond to this. MY gosh Big Brother is at work here. We have to stop this kind of thing. I just went into one of my favorite restaurants and was told it was already NS, BUT I could be exiled to the exterior, in the rain, heat, cold, snow, auto smell, whatever and sit on a harda$$ concrete bench and lean up to the same kind of table. That restaurant just lost about $25 from me AND the normal $75-$100 we normally spend there weekly. This is rediculous and we'll help to overcome it by refusing to patronize these places until the owners get the message that "We're mad as he11 and we're NOT GONNA TAKE IT ANYMORE" The day of political correctness run amock is OVER. Vote the politicians OUT of office that pass this junk and don't give an inch until our rights are as important as anyone elses. Has anyone ever done a study on how much work time is lost, $'s for Dr's/medicine is wasted and deaths occur from pneumonia after a place exiles smokers to the outside like a second class citizen or dog? I would venture a guess that it is greater than smoke related illness of a non smoker.
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by runamok on Wed Jun 27, 2007 7:22 am
Smoking Mad wrote:
The day of political correctness run amock is OVER. Vote the politicians OUT of office that pass this junk.....
Seems there's a hundred other petty tyrants waiting in the wings to take their place.

Playing by the rules has only gotten us bans on top of bans. The freedoms that are incrementally being destoyed WILL NOT be restored by using the "system". A look at history proves that this type of Puritanical repression can only be fought through citizen uprising. Call it civil disobedience or revolt or whatever you like but the game is rigged and playing within the parameters set up by our beloved government is a losing proposition.
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by linkup on Wed Jun 27, 2007 9:52 am
Published: 06.27.2007
Smoking ban in bars not big drag so far

No fines yet in Pima; some smokers like change
SAMUEL SCHEURICH
Tucson Citizen

Patios are being built, bartenders are breathing easier and even smokers don't seem to mind waiting to inhale.

Although a group is seeking to reverse a voter-approved ban on smoking in bars and restaurants that took effect May 1, many are taking the changes in stride.

"I'm a smoker and I like it because I have cut down a lot," said Christy Stutler, a bartender at the Bay Horse Tavern, 2802 E. Grant Road.
"Going outside is also a nice environment. It can get depressing sitting inside a bar all night It is really surprising how good just stepping outside can make you feel."

Yes,in 110 degree heat it is surely a pleasure to step outside!

Bay Horse owner Susan Compton isn't as positive.
"When people get off of a long day of work, sometimes they want to reward themselves," Compton said. "We're getting a loss of revenue from bars because smokers stay half as long."

The Pima County Health Department has not issued any fines in connection with the statewide ballot initiative, which bans smoking in most indoor public places and within 20 feet of building entrances.

It has received 68 complaints about bars and restaurants and 237 total complaints. Typically, they involve smokers who are too close to entrances, or no-smoking signs that aren't visible from the street, as required by the new law.

Some bars are building or expanding patios where patrons can drink and smoke at the same time. Jeff's Pub, for instance, is building a $60,000 patio at its 112 S. Camino Seco location.

"I've seen a half-dozen applications so far," said Ernie Duarte, director of development services for the city. "You basically need to watch how much parking an extension will add. It is about one parking spot per 200 square feet of structure added."

Some bar patrons seem to be enjoying the change, and it shows in tips, said Larry Horvath, a bartender at the Hotel Congress.
"The first week the ban went into effect was the best week I've ever worked," Horvath said. "I'm in a band, though, and the only time it bothers me is when I have to play for an hour without a smoke."

The Shelter Cocktail Lounge, a self-proclaimed "swanky" lounge at 4155 E. Grant Road, is awaiting approval of permits to complete its outdoor patio. The bar provides an outdoor area where patrons can smoke, but can't bring their drinks, said Titus Edler, a bartender.
"It mainly slows down in here during the day, but it is also slow season," Edler said. "Other than that, business has pretty much stayed the same."

John Althoff, who has been a regular at The Shelter for the past month, since his move from Portland, Maine, said that, as a smoker, he is used to the restrictions. He said such measures have been in effect on the East Coast for the past four years.
Althoff said people there have dealt with the issue for so long that a system has developed to help keep customers' seats at the bar when they get up for a smoke.
"Basically what you do is put a coaster on top of your drink. I've even seen people use the method in New York City. I haven't seen anything like that here yet," Althoff said.

At Che's Lounge, 346 N. Fourth Ave., customer Derek Miller said that he used to smoke when he drank, but since the ban has quit completely.

Yvonne Grace-Draman, who was drinking a Guinness at The Shanty, 401 E. Ninth St., said that bars used to be rough on her respiratory system.
"I'm really thrilled because I have asthma and I can really feel the difference when I go home," Grace-Draman said. "It sounds silly, but the air feels cleaner when you walk in the bar."

Ed Abrigo, a regular at O'Malley's, 247 N. Fourth Ave., said the ban does not make sense because all it takes is common courtesy to avoid offending nonsmokers.
"Normally, if someone sits down next to you at the bar, they will ask if it is all right to light up," said Abrigo, an occasional smoker. "I mean, it is almost worse to walk into an elevator and have to deal with overpowering perfume.
"Don't get me wrong, smoking isn't good for you, but what is these days? If you go to a bar where people are smoking and don't like it, go somewhere else where there is less smoke," Abrigo said.

Sullivan's Steakhouse, 1785 E. River Road, used to have an indoor cigar bar. Now, cigars and cigarettes have been relegated to the patio.
"I have mixed feelings," said bartender Marin Friedman. "Customers should be able to smoke cigars in a cigar bar.
"I like not ingesting smoke though, and smelling like it, but I get less business, because customers get drinks on the patio and I work behind the bar," she said.

Glenn Gifford, co-chairman of Tucson-based Arizona Alcohol Service Providers Association (aaspaorg.org), which formed after the law went into effect, is against the law. Gifford, who is a smoker, is retired, but his partner, Steve Ross, is a nonsmoker and manager at Daniel's Refrigeration.
From Ross' perspective, if the ban hurts bars, it will also hurt him because Daniel's Refrigeration caters to bars and restaurants. Ross is exploring ways to overturn the ban.

According to Karen Martin, Health Promotion and Education Division manager at the county Health Department, the department is in its "education phase" and has not imposed fines. The maximum fine is $5,000.
The highest fines would be reserved for establishments that are "blatantly not adhering to the law."

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http://www.tucsoncitizen.com/ss/frontpage/55837.php
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