2004_0816_Packet - Laserfiche WebLink

Home

Page 6 Statewide Bans While every state except Alabama has some kind of clean indoor air legislation or policy in effect, only a handful have enacted complete smoking bans in workplaces, restaurants, or bars. Proposed anti-smoking regulations failed to pass in at least 21 sh�6�,s during 2003. As of Apri12004, a total of eight states had enacted 100% smoke free bans in workplaces, restaurants, or bars. In most cases, these laws are more stringent than any local ordinances that preceded them, creating potential conflicts between local and state requirements. California and Utah initiated the process, with laws banning all smoking in restaurants that took effect January l, 1995. Three years later, California extended this prohibition to all free-standing bars in the state. At the time it implemented the statewide ban in restaurants, California was at the tail end of a recessionary period, with the economy exhibiting essentially zero growth. Nevertheless, eating establishmentsthat do not serve alcohol had increased sales of about 11.7 percent in the four years leading up to the ban, while restaurants and bars increased sales by just 1.2 percent. Following the ban, taxable sales statewide increased by 31.9 percent in the following five years, but restaurants and bars were well below this figure, and more than a thousand went out of busiztess.2 More than seven years passed before another state, South Dakota, implemented a smoking ban. South Dakota's ban applied only to workplaces, exempting alcohol- serving restaurants and bars. One of the interesting and unanticipated consequences of this legislation was the surge in applications for liquor licenses by restaurants that had previously been dry. The law exempted restaurants that served alcohol, and many business owners felt it necessaryto begin serving alcohol so that their patrons could continue to smoke and their revenue streams would be safeguarded. Delaware's ban was signed into law in November 2001. Delaware's law included a pre- emption provision under which municipal governments couldn't implement their own anti-smoking policies. Similar preemption laws are included in state laws in 18 other states. About a year later, Florida banned smoking in workplaces and restaurants. In contrast to most other states where bans have been put into place, the issue was settled by voter referendum (November 2002), rather than enacted as legislation by state lawmakers. i�