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Posted on Wed, Sep. 15, 2004 Modified smoking ban wins
approval Rules on restaurants will begin March 31 BY TIM NELSON and DAVID HAWLEY
Pioneer Press Ramsey County restaurants will go smoke-free next spring, after
commissioners' unanimous vote Tuesday to ban smoking in establishments that do
most of their business in food sales. "I'd rather see the glass half full than
half empty," said sponsor Rafael Ortega of St. Paul. He had pushed for a total
ban and even called for St. Paul Mayor Randy Kelly to sign such a ban for the
city. "While there is still debate in other places, we are moving ahead," Ortega
said. The ban will cover nearly 1,400 licensed establishments in the county,
including St. Paul, where Kelly vetoed a more stringent ban Monday.
Establishments that do more than half of their business as liquor sales will
soon be able to seek exemptions from the ban from the Ramsey County Department
of Public Health. In Olmsted County, the other county in Minnesota that has
enacted such a ban, about 10 percent of establishments still permit smoking. In
a statement, Kelly praised the board's action as "a sound, workable and
reasonable solution" and said the ban, which will take effect March 31, would
eliminate "almost 90 percent of secondhand smoke in St. Paul." County Public
Health Director Rob Fulton said his department will be contacting all affected
businesses by mail, explaining the exemption process and how bars will be able
to apply. Fulton said businesses will have to provide the same annual sales tax
report they give to the state to show they qualify for a smoking permit. There
will probably also be a processing fee, possibly between $100 and $200, for bars
that qualify for an exemption. "We don't have the process finally set yet,"
Fulton said. But he added that he hopes exemptions will be approved early in
2005, long before the ban goes into effect. As expected, Commissioner Sue Haigh,
whose mother died recently of smoking-related emphysema, supported the ordinance
despite voting against it in the past. She had been holding out for a total ban.
"It just doesn't make sense to me from a public health perspective," she told
her colleagues before the vote. "This really seems to be a beginning point and
not an ending point." Commissioner Janice Rettman said she was supporting the
ban reluctantly. "We've realized many of the financial realities," she told her
colleagues. She noted that many were concerned that a total ban would cut into
charitable gambling revenues that finance youth and nonprofit programs in her
district. "At least for this moment in time, they'll accept the challenges and
opportunities of this, so I'm going to support it," Rettman said. "It's a mixed
blessing," said Jeanne Weigum, president of the Association for
NonsmokersMinnesota, after the board vote in St. Paul. She hailed the total bans
already passed in Bloomington and Minneapolis and under consideration Tuesday by
Hennepin County commissioners. Supporters of those bans said they realized that
Ramsey County's action may prompt other jurisdictions to reconsider their total
prohibitions but said they were prepared to defend the bans. "We're ready for it
to be back," said Corrine Ertz, spokeswoman for the American Cancer Society,
outside the Ramsey County Board meeting. "The public is very supportive of
this." Meanwhile, in Hennepin County, a proposal that would ban all smoking in
restaurants and bars is moving toward an expected Sept. 28 vote. Supporters
think it will pass by a narrow vote, though only two members of the sevenmember
board have openly endorsed it — Gail Dorfman, a DFLer, and County Chair Randy
Johnson, a Republican. A public hearing Tuesday before the county commissioners
was dominated by supporters of the ban, many of them representing health
organizations. Private citizens and members of the hospitality industry also
testified. Pat Rickert, who has pulmonary disease, showed the commissioners her
portable oxygen machine and called it her "constant companion." "I have this
because I smoked," she said. "But my mother never smoked. She got emphysema from
secondhand smoke and carried one of these to her grave." But the commissioners
also heard from Rand Haglund, a member of the Brooklyn Park City Council, who
presented a petition against the smoking ban and noted that his city had
unanimously adopted a resolution against the ban on Aug. 23. "If you want to
institute a ban, the only fair way is to put it in front of the people who
vote," Haglund said, adding that his constituents "don't think it's right of the
county to come in and influence their personal lives." Gary Schiff, a member of
the Minneapolis City Council, urged the commissioners not to allow a "loophole"
for bars that depend heavily on liquor sales. He said such a measure would
encourage such steps as drink specials to push up liquor-sale percentages and
would be an "enforcement nightmare." The commissioners also heard from Michelle
Berringer, who works as a server in a Minneapolis restaurant. "Tonight I will be
at work and I am scheduled to work in the smoking section," Berringer said. "I
will probably go home feeling very ill. It will probably take me all day
tomorrow to clear out my lungs and feel better." But Phil Weber, whose family
has operated the Park Tavern in St. Louis Park for more than 50 years, predicted
that a smoking ban would cause a lot of hardship in the hospitality business —
especially for independent business owners. "Unless you want all Olive Gardens
and Applebee's, you've got to do something for the independent industry," he
said, adding that "smoking is part of the fiber of our business." WHAT RAMSEY
COUNTY'S SMOKING BAN WILL DO Ramsey County's new smoking ban,
which goes into
effect March 31, will: • Outlaw smoking in establishments
that do more than 50 percent of their business in food sales. Olmsted County
already does. • End indoor public smoking in Roseville, Shoreview and
White Bear Township, which essentially limit liquor licenses to restaurants.
• Include an exemption for private clubs. • Require bars to apply
for an exemption from the ban annually and require them to submit
sales tax data to the county. • Allow restaurants to wall
off their bar areas into separate establishments that allow smoking. • Probably
cover all but about 80 bars in St. Paul and 60
others in the suburbs, if about 10 percent of the county's
1,369 establishments get exemptions, as happened in Olmsted County. No one
will know exactly which bars are affected until
their owners and managers start applying to allow smoking. It's
possible some qualifying establishments may not seek to permit smoking.
• Allow police to cite individual smokers who do not comply
with proprietors' requests to stop. Establishments that do not comply will
be warned, then subjected to legal action by the county's Public
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