An ordinance not written by the city may present a difference of opinion among its leaders.
The St. Joseph City Council on Monday was given the opportunity to ask questions on implementation of the smoking ban. While the discussion was not supposed to be aimed at the merits of the law, it naturally turned that way.
The St. Joseph Smoke-Free Indoor Air Ordinance was passed by St. Joseph voters in April, with nearly 53 percent of votes supporting the measure. It will take effect on June 7.
One issue stood out to the City Council during Monday’s meeting: the 15-feet rule.
“Whether we like the law or don’t like the law, this is what we’re living with,” said Mayor Bill Falkner. “We need to address (the 15-feet rule) very quickly so they can act on it.”
According to the ordinance — which was written by Smoke-Free St. Joseph, not the city — smoking cannot occur within 15 feet of any door, window or air intake.
Mr. Falkner, along with several other council members, said he is concerned that 15 feet would too severely affect businesses wanting to build a “smoker’s deck.”
Kent O’Dell added that several businesses, including Foster’s Martini and Wine Bar, already have established patios that won’t meet the 15-feet standard. Pat Jones pointed out several businesses don’t even have an option for a deck, such as Kelly’s Pub or Peterman’s Shamrock.
“We’re closed in so we can’t do nothing,” said Pat Kelly, owner of the pub at 1415 Frederick Ave. “The only place to go is in the middle of Frederick Avenue or another business’ parking lot.”
Several council members asked whether that portion of the ordinance could be changed, possibly to 5 feet instead of 15. Bruce Woody, city manager, said while the City Council has the authority to change any of the ordinance, he would advise that council members wait until it can be implemented as is since it was passed by the will of the people.
“Every little tweak encourages the next business to make a request,” he said. “It’s a slippery slope.”
Despite that, Mr. Falkner asked that more information for the change be sent to the City Council. He also requested an additional work session to be held May 13, which has yet to formally be scheduled.
In addition, councilman P.J. Kovac said if the City Council has the authority to change the ordinance, it should also remove the St. Jo Frontier Casino’s exemption. According to the ordinance, smoking still is allowed on its gaming floor.
“It’s something to seriously consider to be fair to everyone else,” Mr. Kovac said.
Monday’s meeting came just a few days after the city sent a list of frequently asked questions to 177 local bars and restaurants. In addition, city staff will meet at a business location and provide advice on outdoor smoking areas.
Monday’s meeting came just a few days after the city sent a list of frequently asked questions to 177 local bars and restaurants. In addition, city staff will meet at a business location and provide advice on outdoor smoking areas.
Clint Thompson, director of planning & community development, said staff so far have consulted with three businesses. He added businesses don’t necessarily have to build a deck to provide an area for smoking; there are other options, including a concrete slab with a railing surround.
Originally written By Kim Norvell
