Smoking proposal may affect restaurants

If passed, restaurants must separate smoking areas with walls.

A proposal that could limit smoking in Delaware County restaurants received the blessing of the Delaware County Smoking Task Force Wednesday.

Now, it must meet the approval of the county commissioners and the public.

The ordinance dictates that any current restaurant must, within five years, separate their smoking areas from the non-smoking area or prohibit smoking.

Any business that has not begun construction 60 days after the ordinance is passed must be smoke-free.

"We all have sticking points with it, but we think its a fair compromise," said Judith Roepke, chairwoman of the task force. "In all honesty, I think we're ready to do this."

Restaurants would also have to ban smoking from restrooms, waiting areas and entryways immediately after the proposal is passed, said Lou Coulter, chairman of the task force.

It only took the task force about 90 minutes to forge the final draft. Much of the contention, instead, arose during the previous meeting in March, when members debated various definitions and proposals for the entire two-hour meeting.

The final proposal created Wednesday is almost identical to the rough draft created in March, but it did not go uncontested.

Coulter said new restaurants should be allowed to have designated smoking areas as long as they follow the other provisions. At the March meeting, he said he didn't know smoking would be completely prohibited.

"Evidently I was wrong about that," he said in March. "I think they're mistaken about that."

Despite his complaints, the provision survived Wednesday's meeting.

Coulter said he will take the issue up with the commissioners but will let them have the final say.

Coulter did manage a victory in another provision of the legislation, though.

The legislation previously required established restaurants to wall off their smoking areas and use a separate ventilation system. But the task force decided to give owners the option to install an air curtain or utilize negative air pressure.

Negative air pressure, Roepke said, occurs when one area's air pressure is lower than another, causing the air to flow only in one direction. Hypothetically, if the smoking area's air pressure was lower than the non-smoking section, no smoke could escape.

John Livengood, the president of the Restaurant and Hospitality Association of Indiana and an opponent of the proposal, suggested the two options.

Coulter and task-force member Marshall Willis argued the options helped owners by giving them more options.

"We're trying to make an ordinance where one size fits all," Willis said. "And I don't think we can."

But Livengood's suggestion failed to impress Roepke and task-force member Marshall Roch. Both wanted the options struck from the proposal, though they ultimately yielded to Coulter and Marshall.

"Neither one of these are very practical for a restaurant," Roepke said.

The task force's acceptance paved the way for consideration by the commissioners. But members said it may be a while for them to take any action.

If it is accepted, the ban would not apply during hours when the business is not open to the public or is used for private functions.

Bars, taverns and bowling centers would also be free from the ordinance.


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