Ban Damage: CO Avon

Smoking ban stays strict in Avon

August 29, 2007
Matt Terrell
Petitioners ask town to soften smoking law, but council decides to keep tough ordinance

AVON — Avon will stand by its tough smoking ban, the town council decided Tuesday.

About 24 business owners, managers, waiters and bartenders had recently signed a proposal asking Avon to end the smoking ban it enacted more than a year ago and adopt the more lenient Colorado State Law. The council revisited the discussion at Tuesday’s meeting.

Avon’s current law prohibits smoking within 25 feet of smoke-free public places, while the Colorado law only prohibits smoking within 15 feet of any public entrance.

If Avon went back to the Colorado standard, people would be able to smoke on restaurant patios if the seating is at least 15 feet from a main entrance of a building.

Randall Knipmeyer, manager at Finnegan’s Wake, told the council he’d like to see Avon adopt the Colorado State law He told the council it costs money to hire extra doormen to enforce the law, that people leave the restaurant to smoke a cigarette, and smokers could just go to Vail, which has a less strict smoking ordinance.

Light up
Places you can smoke in Avon: private residences unless used as child-care, adult-care or health-care facilities, 10 percent of guest lodging rooms, private clubs with no employees, outdoor uncovered parking lots, upper levels of parking garages and tobacco stores.

Places you can’t smoke: Bars, restaurants, patios, decks, outdoor seating areas, outdoor recreation areas, ball fields, playgrounds, parks, public restrooms, grocery stores, convenience stores, private offices, lobbies, elevators, and basically any public place.

Kent Beidel, owner of Loaded Joes, said he agreed with Knipmeyer’s points. He said the law was difficult to enforce, both in making sure that people don’t smoke on his deck and that customers don’t walk away with alcoholic drinks in hand to smoke a cigarette.

Many people from out of town don’t realize that Avon’s law is more strict, and those who do know are resistant because they enjoy smoking and drinking in a bar, he said.

If the law were changed to Colorado’s standard, he could make half of his deck smoking, Beidel said.

The council expressed concerns that patios would become smoking sections at restaurants, and non-smokers would be kept inside.

Councilman Brian Sipes said all the outdoor seating areas in Denver are unbearable to non-smokers. Councilman Rich Carroll brought up the 72 percent of Eagle County voters that approved the smoking ban in non-incorporated areas of the county like Edwards.

Councilwoman Tamra Nottingham Underwood said that while Avon might be tougher on smoking than many places now, that’s the direction the world is heading.

Councilwoman Amy Phillips said that as someone who worked in hospitality for many years, she was concerned for the workers who might have to breathe smoky air.

Jennifer Corrigan, a representative from the Colorado Tobacco Education and Prevention Alliance, asked the council not to roll back the smoking ban.

The council received several letters about the smoking ban — six letters in support of the current law and five against it.

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Should Avon soften smoking ban?

By Matt Terrell, Vail Daily
August 23, 2007

AVON — Puffing away on a Camel cigarette in the parking lot by Finnegan’s Wake in Avon, Chas Brodie says he misses smoking with his beers.

“It doesn’t stop me from going out, but sure, I’d rather drink a beer, sit outside and smoke a cigarette with it,” he said.

In fact, customers will often choose a cigarette over another beer, says Randall Knipmeyer, manager at Finnegan’s Wake.

With Avon law requiring smokers to move 25 feet away from public buildings to light up, customers have to leave the restaurant instead of eating, drinking and smoking on the deck.

“It cuts into our revenue,” Knipmeyer said.

Knipmeyer and 23 other business owners, managers, waiters and bartenders signed a proposal asking Avon to end the smoking ban it enacted more than a year ago and adopt the more lenient Colorado State Law.

Avon’s current law prohibits smoking within 25 feet of most public places, while the Colorado law only prohibits smoking within 15 feet of any public entrance.

The Avon Town Council will revisit this smoking law Tuesday and is encouraging people to attend the discussion and speak their mind.

Knipmeyer says it costs money to enforce Avon’s law — he has to keep doormen on even at slow hours to make sure people don’t smoke. He’s also worried about people taking their drinks with them when they go to smoke, which would put him in violation of his liquor license.

The 25-foot rule can be especially confusing for tourists from places like Denver, where the law is more lax.

“People from out of town will definitely smoke on our deck without knowing it,” said Brandt Olsen, a bartender at Loaded Joe’s. “I think 25 feet is a bit much. These are bars, (smoking) something to be expected with that business.”

Tickets can cost up to $100 for the first violation, up to $200 for a second and up to $500 for subsequent violations.

If Avon went back to the Colorado standard, people would be able to smoke on restaurant patios if the seating is at least 15 feet from a main entrance of a building.

“That would be just wonderful,” said Bud Kippling, a 25-year smoker from Edwards who often eats in Avon. “I don’t see a problem with giving these businesses some flexibility.”

Flexibility though means nasty air for many people. Avon resident Rachel Brown likes the smoke-free decks in Avon.

“What’s the point in eating outside without the fresh air?” she says.

That was the attitude of about 72 percent of Eagle County voters in 2005, who approved a smoking ban for Edwards, Eagle-Vail, Beaver Creek and Vail Mountain. Not long after county commissioners enacted the ban, Avon followed suit.

And besides the “fresh air” aspect, the dangers of second-hand smoke remain obvious to health officials.

“The surgeon general’s report made it clear that there are no risk-free levels of exposure to second-hand smoke,” said Kimberly Hills, director of the Colorado Tobacco Education and Prevention Alliance. “Second-hand smoke is a danger. It causes lung cancer.”

Brown said she appreciates the town discussing issues with citizens, but she hopes the council doesn’t seriously consider changing the law.

“That wouldn’t make sense to me, knowing what we know about smoking,” she said. “I like that Avon took a tougher stand.”

Hills said it’s strange for a town to revisit a smoking ban.

Usually, the people who appreciate smoking bans aren’t as outspoken as those against them, she said.

“I hope they do speak out about it though, let the council know they would like to remain smoke-free,” Hills said.

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Smoking ban blues

August 4, 2006
Tamara Miller

John McBurnie isn’t smoking as much these days.

Ever since the town of Avon banned smoking in his favorite bar, McBurnie has been banished to the outdoors when he lights up.

The concrete slab outside Bob’s Place has places to sit, and there’s even an ashtray for smokers to dispense their butts. But it’s not the same, said the 27-year veteran smoker.

“I used to have a cigarette with my beer at the bar,” he said. “I’ve cut down because I have to put down my beer and leave the building.”

On a recent Wednesday, McBurnie had smoked only one cigarette in the half-hour after he got off work. Normally, he would have had three cigarettes by then. And instead of going to Bob’s Place everyday, McBurnie makes it in maybe every other day.

He’s determined not to quit.

“I’ll do whatever you have to do,” he said.

It’s been four months since the town of Avon and Eagle County enacted smoking bans. Last month, a statewide ban went into effect, forbidding smokers from lighting up inside most bars and restaurants. Additionally, smokers are not allowed to smoke within 15 feet of the entrance to any bar or restaurant. In Avon, that distance is 25 feet.

“It kind of sucks,” said Noel McLaughlin, who has been smoking for nine years. He understands why nonsmokers are concerned but, “we have rights, too,” he added.

So far, Avon police have given out three tickets for smoking ban violations – one to the owners of Finnegan’s Wake and two to Finnegan’s Wake patrons, said Police Chief Brian Kozak.

“Usually it would be a warning,” Kozak said. “These citations were for (an establishment) that wasn’t enforcing the smoking ordinance.”

Bob’s Place bartender Beau Hanley has no problem reminding his customers not to smoke. Most of those who light up in the bar know better anyway, Hanley said.

“They say they didn’t know, even though I know they did,” Hanley said. “Because how could you not know?”

Nevertheless, Hanley has seen few cops patrolling the area since the ordinance passed. That’s in line with what the Avon Police said, too.

“If we have time, officers will do that,” Kozak said. “I think for the most part it’s voluntary compliance.”

There are challenges, however. Hanley and McBurnie had differing ideas of where the smoke zone was outside Bob’s Place. Standing 25 feet outside of the bar still could put McBurnie within the distance of a neighboring sandwich shop, Geno’s Italian Sandwiches.

It happens, but most smokers will move away from Geno’s door when asked, said Terry, an employee with the restaurant who refused to give his last name.

“I delight in the fact that they are growing cancer tumors in their lungs,” he said.

Avon’s ordinance also forbids smoking within 25 feet of a bus stop, Kozak said. But as of last week there were still ashtrays at the town’s main terminal. Ralph Rodriguez, a smoker, was waiting at that bus stop with a pack of cigarettes in his pocket. He’s careful to not violate the law outside bars and restaurants, but the bus stop is different, he said.

“I will light up and smoke it, too,” he said.

Avon Police had yet to receive a complaint about smoking near a bus stop, Kozak said.