By Paul Minnis, The Republic Reporter
First of a four-part series
Columbus’ new no-smoking ordinance has been called a breath of fresh air by some people and a case of blatant governmental infringement by others.
Like it or not, the ordinance will become law Wednesday morning, applying to all local, enclosed public places except bars, private clubs and retail tobacco stores.
Mayor Fred Armstrong said the ordinance is imperfect and does not address every possibility. It should be taken more as a public statement that the city stands united against smoking.
According to the ordinance, a public place is “any enclosed area to which the public is invited or in which the public is permitted.”
It gives as examples banks, educational facilities, health facilities, laundries, public transportation areas, reception areas, restaurants, retail food production and food marketing establishments, retail service establishments, retail stores, theaters and waiting rooms.
It lists indoor sports arenas, including bowling alleys, and commons areas in apartments, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities.
Those kinds of places are under the new ordinance and will have to stop smoking at the stroke of midnight Tuesday night.
So will private residences if they are used for licensed child care, adult day care or health care.
Smoking outside any facility affected by the ordinance must be no closer than 10 feet from a door or any other opening to insure smoke does not enter the facility.
Armstrong said that detail is based on common sense. It will not apply to smokers who walk past downtown storefronts, such as on Washington Street.
Every public place affected by the ordinance must “have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited,” the ordinance states.
All ashtrays and any other smoking paraphernalia must be removed.
Bars also are public places, but the ordinance specifically exempted them after City Council reached a compromise in 2005.
It defines bars as places that serve “alcoholic beverages for consumption on the premises, by guests who must be at least 21 years of age to enter.”
That includes taverns, nightclubs, cocktail lounges and cabarets, but not restaurants that allow people under age 18 and have bars on the premises, such as Applebees and Texas Roadhouse.
The ordinance also excludes private clubs, which it defines as nonprofit places owned or operated by an association or cooperation.
They must be registered by the state, and Internal Revenue Service must recognize them as operating under a not-for-profit status.
Memberships must be a lodge or fraternal order; for military veterans; or “a recognized, exclusive association of people sharing a common purpose for which membership, payment of dues and self governance are distinguishing characteristics.”
Tobacco stores such as Lo Bob’s on National Road are exempt, as are motel and hotel smoking rooms, provided that not more than 20 percent of all the rooms are smoking.
For all places to which the new law applies, establishment owners, managers, operators and employees are responsible for getting people either to stop smoking or leave.
If unsuccessful, the owner, manager, operator or employee should call the mayor’s office, which will assign someone from the personnel department to investigate within one or two days.
Businesses that fail to do enough to stop the activity will be fined $50 for the offense, the ordinance states.
Armstrong said a $50 fine can be imposed again for every offense. He said fines can go on without a limit, provided the violator keeps paying the fines and does not allow the matter to go to court.
The ordinance reserves for the city the right to seek other remedies if the city legal department deems repeated fines are not fixing the problem.