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Smoke bans hot in Va., N.C., but operators stay cool

Smoke bans hot in Va., N.C., but operators stay cool

Restaurateurs cautiously are supporting legislation set to snuff out smoking in two states that are strongholds of the tobacco industry, an indication of just how widespread anti-smoking sentiment has become.

Many operators in Virginia and North Carolina, where two very different bans are in play, said they anticipate little impact to sales, as more consumers desire smoke-free environments. Some even said they welcomed having the decision of whether to allow smoking taken out of their hands.

Such a reaction is a far cry from the vehement opposition most operators voiced toward smoking bans when they began gaining traction at the local and state level about 15 years ago. Over time state restaurant associations have come to view statewide bans as a way to eliminate the inconsistencies caused by local prohibitions.

That’s the feeling at the North Carolina Restaurant Association, where officials have said they would not fight legislation that would prohibit smoking in all public places as long as it was not amended to exempt some business. The measure, House Bill 2, was expected to be introduced March 17.

“This is a complete ban of smoking, not what I’d call a ‘restaurant’ ban, because it includes everybody,” said Paul Stone, president and chief executive of the NCRA. “There will be no exemptions for clubs. Because the ban is across the board, we are neutral on the bill. But if people start putting in amendments, we’ll fight it.”

Stone said about 80 percent of the NCRA’s members are in favor of the bill’s passage. He also noted that the legislation “was expected and has a good chance of passing.”

In Virginia, Gov. Timothy M. Kaine signed into law March 9 a partial ban that restricts smoking in designated areas of restaurants and exempts private clubs and bars. Restaurateurs that wish to accommodate patrons who smoke are required to build a separate, ventilated room for them to use. The law goes into effect Dec. 1.

Twenty-three states and Washington, D.C., have now banned smoking in most public places, while North Carolina and Texas anticipate bans.

Operators in Virginia, home to tobacco behemoth Philip Morris, said they were optimistic their businesses could weather the ban. “A lot of my customers smoke, maybe 85 [percent] or 90 percent, I don’t know,” said Chad Jenkins, owner of Boyd’s Restaurant in Ararat, Va. “But as long as they know it’s the government that is stopping them from smoking, I don’t think it’ll hurt my business. You have a few people that are upset about it, but it’s not us; it’s the government taking our rights away.”

Jenkins noted the irony that both Virginia and North Carolina, two of the largest growers of tobacco for the past 300 years, were on the path to smoking prohibitions.

“I really don’t know why they’re doing this now,” he said. “I guess they’re trying to get everybody to stop smoking. First, they raise the price of cigarettes and now this. It’s funny, ain’t it, kind of ironic, but the government just does what it wants, and there’s nothing we can do about it.”

John Canney, owner of Famous Anthony’s, an 11-unit casual-dining chain based in Roanoke, Va., said the ban was a long time in coming and that the majority of his customers are pleased with it.

“I’ve gotten very positive comments,” he said. “I think it’s what the public wants. The majority of customers are demanding a smoke-free environment.”

Julie Davis, spokeswoman for Lebanon, Tenn.-based Cracker Barrel Old Country Store, said the 588-unit family-dining chain, which operates 29 restaurants in Virginia and 34 in North Carolina, said she also doesn’t anticipate that sales will be affected when the ban takes effect in Virginia or should it in North Carolina.

“In other communities where nonsmoking laws have been enacted, Cracker Barrel did not see a material impact on business, as the nonsmoking laws applied to other restaurants as well,” she said.

What makes the anticipated North Carolina ban acceptable is that it is expected to have no exemptions, said the NCRA’s Stone.

“This is not like Virginia in any way,” Stone said. “That’s a different situation because there are too many carve-outs to mention; it’s not a fair bill. We look at a bill as being fair when everybody that does business in a state follows the same rules.”

Operators agree that they would be more apt to favor the ban if it applies to all businesses and doesn’t end up favoring private establishments.

“We certainly think some kind of bill will pass,” said Brad Hurley, co-owner of the 42nd Street Oyster Bar in Raleigh, N.C., “and as long as it creates a level playing field for anyone who serves food and beverage, I’m certainly comfortable with that. Our concern is that by the time it is approved, we don’t know exactly what kind of considerations might be in the bill.

“As it stands right now, one piece [of the legislation] would permit each city and county to make decisions that would supercede the state regulation, and we don’t think that’s good at all. There’s no telling what they would come up with. It’s hard to be supportive of the bill since you don’t know what it will be like until it’s passed.”

Hurley, who along with partner John Vick owns two other restaurants in addition to the 300-seat 42nd Street Oyster Bar, said that his three eateries already are smoke-free. Still, he noted, some of his peers in the association resented the government’s attempt to legislate a ban.

“There certainly are a number of constituents in our association who think that government shouldn’t be meddling in our business,” he said. “They feel that the government shouldn’t be [interfering], that it’s up to them to determine what their clients want based on what they tell them.”

In February, Texas lawmakers also introduced a bill proposing a statewide ban on all indoor smoking. The Texas Restaurant Association’s board of directors voted to support the measure, saying that it would level the playing field among businesses and reduce the confusion caused by the many bans already enacted at the local level.

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