Enforce the Smoking Ban | Jackson Free Press | Jackson, MS

Enforce the Smoking Ban

On Feb. 1, 2009, a smoking ban went into effect for the city's restaurants. After an initial flurry of objections, the air in most of city's restaurants and clubs became noticeably cleaner and clearer.

Now, it seems, some establishments are attempting to test the city's will on the ban, seeing just how much smoking they can allow before being fined. This isn't fair to patrons or other businesses.

The ordinance itself is partially to blame, because it uses confusing language, something the Jackson Free Press pointed out even while we clarified the ordinance for our readers. As we said then, it's easier to say who is exempt than to say who is required to ban smoking.

In general, smoking in Jackson is allowed in private residences (except when used as a day care or health care facility), in no more than 20 percent of hotel and motel rooms, in retail tobacco stores, in private clubs with no employees, in outdoor areas unless they are within 20 feet of where smoking is prohibited (lots of exceptions here having to do with stadiums, bleachers, etc.), and stand-alone bars.

It's the last two exceptions that some local establishments stubbornly point to when they allow smoking. But the city ordinance and the Mississippi ABC rules are clear.

First, if you have a restaurant with an outdoor seating area, smoking is not permitted "twenty (20) feet outside entrances, operable windows, and ventilation systems where smoking is prohibited ..." In other words, smoking on attached decks and patios is not permitted.

Second, unless you are in a qualified resort area, stand-alone bars can only serve light beer and light wine, and must not share common entries, indoor areas or any other enclosed workplace (which would include a kitchen or a restaurant) where smoking is prohibited. Establishments that serve hard liquor and other higher alcohol-content libations must also make 25 percent or more from food sales.

Stand-alone bars located in qualified resort areas can apply for a permit to serve alcohol over 5 percent by volume, and such bars would be exempt from the requirement of making 25 percent of their revenue from food. These establishments would be exempt from the city's non-smoking ordinance.

However, even in a resort area, if the stand-alone bar shares common entries, indoor areas or any other enclosed workplace where smoking is prohibited—such as a kitchen or a restaurant—that establishment would not be exempt from the non-smoking ordinance.

So there it is, Jackson. For the restaurants that continue to ignore the law, bite the bullet and banish the ashtrays—ensuring a level business playing field. As for the city, either enforce the law or change it, but stop making a joke of it by turning a collective blind eye to those who refuse to abide by it.

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