Tuesday, April 17, 2007

No Smoking for You (at least in restaurants and bars)

Chicago likely to OK indoor smoking ban
September 30, 2005
BY FRAN SPIELMAN City Hall Reporter

Smoking would be banned next April 1 in restaurants, bars and virtually all of indoor Chicago under a groundbreaking ordinance expected to be approved by a City Council committee Wednesday, culminating a $1.5 million crusade by anti-smoking advocates.

With several concessions -- but only a precious few to restaurants and bars -- Health Committee Chairman Ed Smith (28th) is forging ahead with a vote on the ordinance he championed. Sources said the alderman is confident he now has up to 11 of 14 votes in committee and well over 26 needed for full Council approval.

Instead of demanding an immediate ban, Smith and a coalition of anti-smoking advocates led by the American Cancer Society have agreed to a six-month phase-in with an effective date of April 1 -- two weeks after St. Patrick's Day. Instead of banning smoking within 25 feet of building entrances, the protective ring would extend for just 10 feet to allow smoking at sidewalk cafes.

Smoking would be permitted in public walkways and non-enclosed outdoor spaces like Millennium Park, Taste of Chicago and Navy Pier. And Chicago would follow New York's lead by creating a "hardship exemption" for restaurants and bars that have the gross receipts to prove sales have dropped by 15 percent after one smoke-free year.


Those restaurants would qualify for a one-year "non-renewable" exemption when smoking would be permitted, but only if they create a designated smoking area composed of "no more than 25 percent" of the establishment's total square footage that's "physically separated" from all other areas with a "self-closing door."

With those concessions, an anti-smoking bandwagon that gained steam following the lung cancer death of ABC News anchorman Peter Jennings and the lung cancer diagnosis of the widow of actor Christopher Reeve is now ready to roll out of the Health Committee.

"We believe we have the votes," said a source close to the high-powered lobbying effort.

Ald. Pat O'Connor (40th), Mayor Daley's unofficial City Council floor leader, agreed with that assessment. "I would give it a good chance of passing the City Council, based on previous head counts."

This week, Daley talked once again about the search for a compromise that would exempt free-standing neighborhood bars and well-ventilated bars attached to restaurants. "You need compromise.... It's a huge industry. It employs many people. Very significant here in Chicago. And we've worked very closely with them. We don't have to be antagonistic towards any industry," he said.

Mayoral aides refused to say whether Daley would mount an effort to block the anti-smoking ordinance.

'License to kill'

Smith could not be reached for comment on his decision to spurn more dramatic concessions proposed by the restaurant industry.

Last week, he denounced as a "license to kill" a proposal by downtown Ald. Burton F. Natarus (42nd) to allow restaurants, bars and bowling alleys to apply for a smoking license, with revenue -- $250 for every $500,000 in annual sales tax revenue reported -- earmarked for smoking cessation programs.

Smith also rejected a suggestion from Ald. Tom Tunney (44th), owner of Ann Sather's Restaurants, for a restaurant-only smoking ban that would expire at 9 p.m., when patrons would be free to light up.

Since 1994, Chicago restaurants have been required to designate at least 30 percent of their tables for nonsmokers. When their city licenses are renewed, they must declare themselves 30 percent smoke-free, 50 percent anti-smoking, or ban smoking entirely.
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How do you feel about this? As a non-smoker, I'm glad that it's happening, but the discussion is more interesting if you have a long time cigar-smoking person to argue with.>

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