SOUTH BEND -- With three of the nine council members absent, the St. Joseph County Council delayed until Jan. 3 a more in-depth discussion of an ordinance designed to protect people from secondhand smoke.
But at a meeting Thursday night, council members met long enough to come to an agreement on which version of the ordinance is the most recent and to hear about some changes that might remove an exemption for restaurants that also house bars.
If the ordinance passes, smoking would be prohibited in such places as restaurants except those that restrict patrons to 18 years old and older, buses, taxicabs, public transportation depots and waiting areas, sports arenas, health-care facilities, bowling alleys, parks and recreation areas.
The no-smoking signs and symbols would not have to be posted in private residences, except those used for child care of adult day care, certain family owned businesses, some hotel and motel rooms, retail tobacco stores and tobacco bars, bingo places, places of worship rented out for social functions and bars and taverns.
Originally, bars within restaurants were exempt from the no-smoking requirements, said Mark Root, council representative for the eastern part of the county. A later version of the ordinance that he just found out about removed that exemption.
"I need some time to look at this," Root said. "We were presented some new recommendations tonight -- the main one being that bars within restaurants are not exempt."
Besides spelling out where people can and cannot smoke, the ordinance establishes penalties for violations, ranging from verbal warnings to $500 fines for repeat business violations.
Smokers would face fines up to $50 for a single violation and possible referral to the county prosecutor for multiple violations.