DES MOINES - Iowa restaurant and bar owners must stamp out smoking in their establishments when a statewide ban takes effect July 1.
Some, however, are complaining the state hasn't spelled out their responsibilities under the new law.
Justin Smith, manager of Smitty's Bar in Waterloo, said he and his employees will do the best they can to keep the establishment smoke-free. But he said he received little guidance on how to comply.
"I don't think it's been stated very clearly. Are there going to be uniformed people to come into the establishment?" Smith asked.
Brian Froehlich, owner of Fro's Pub 'n Grub in Wilton, questions whether the government will be able to effectively enforce the ban. He added the law burdens bar and restaurant owners with enforcement, which could mean alienating longtime customers who smoke.
"We are required to be the police, and if we don't follow certain guidelines then we're held with the responsibility of paying the fine and possibly losing our liquor license," he said.
Froehlich is also concerned the law may prove difficult to enforce if patrons conceal lit cigarettes under tables or take advantage of dim lighting.
"People all the time can keep them by their side and cup them with their hands," he said. "You don't see it, then the next thing you know someone's making some phone calls and you get fined."
Darin Beck, owner and CEO of Barmuda, which encompasses about a dozen eating and drinking establishments in the Waterloo-Cedar Falls area, said the state has been too vague on interpretation and enforcement of the ban. He is holding off on construction of a beer garden at one of his establishments until he is sure about whether the law will allow smoking.
"The biggest problem I see is that they're not giving us enough information prior to July 1," Beck said.
The state agency charged with enforcing the smoking ban has not yet been able to give owners much guidance on how to adjust, said Bonnie Mapes, director of tobacco use prevention and control for the Iowa Department of Public Health.
Mapes said her agency is writing rules that will determine how the law is enforced, but until the process is complete, public health officials can't answer all the questions posed by business owners and citizens.
"They're asking questions, and I wish I could answer them, but we can't," Mapes said. "If we give out any information before the rule is finalized, that information could change."
Enforcement of the law will largely be driven by complaints the department receives, she added. For instance, if public health officials repeatedly get complaints from patrons that a certain bar isn't following the law, the department will investigate.
Mapes said law enforcement can come into play if necessary, but she is hoping the department will inspire compliance through efforts to educate the public.
"There will be no tobacco police cruising the streets looking for violators," Mapes said.
The law crafted by state legislators spells out restrictions on smoking and sets the implementation date, she added, but the department must work out details of enforcement.
Mapes said her department has accelerated the rule-making process, which usually takes about four months. That is because legislators gave the department only two and a half months from the time the bill became law until to its implementation July 1.
She said the department is nearing completion of rules and will publish them by mid-June. Once published, the department will listen to public concerns about the rules until the end of the summer. Citizens can voice their opinions during public meetings the Iowa Department of Public Health will host throughout the state, Mapes said.
The department may amend the rules after considering public feedback, she added.
Beck said he would like to have answers before mid-June so he can prepare.
"The problem is we don't know what to tell our employees," he said. "There's nothing there yet, and we're five or six weeks away, and we don't know how to accommodate our guests."
The law requires all business owners subject to the ban to post "no smoking" signs at all entrances to their buildings. Mapes said her agency will post downloadable signs on its Web site that business owners can print out to comply with the provision.
She couldn't say when the signs would be posted on the Internet.
State Rep. Tyler Olson, D-Cedar Rapids, was one of the major advocates of the smoking ban. He said bar and restaurant owners will have all their questions answered in time for the July 1 deadline.
"I've been assured that the appropriate state agencies will be reaching out to make sure everyone has correct information as to what their responsibilities will be," Olson said.
He noted enforcement of the law will be modeled on other states with similar bans, such as Minnesota.
Olson added Iowans tend to obey the law, and despite protests from bar and restaurant owners, he said he expects a smooth transition.
Fred Love can be reached at (515) 243-0138 or fred.love@lee.net.
Posted in Metro on Sunday, May 25, 2008 12:00 am
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