The Sun
Sunnyvale's Newspaper

Smoking law irks local bars

State bill snuffs out cigarettes in bars

By AMY ETTINGER

A statewide smoking ban has brought some bar owners together to fight a law that turns bars and taverns throughout California into nonsmoking establishments. Yet some Sunnyvale saloon owners say such a blanket law would not affect their businesses.

Assembly Bill 13, a law that took effect in 1995, regulates smoking in restaurants and bars across the state. For the first two years, bars were unaffected by the law. But in 1997, bars and taverns across the state will become completely smoke-free establishments.

Many businesses fear it could cost them millions of dollars in revenue. Others say that fear is unfounded.

Gerri Guyer, day manager at Paul and Harvey's in Sunnyvale, said she hopes the latter is correct.

"Almost everyone who comes in here smokes[patrons]. Either it would cut into business, or they would have to go outside," she said.

Mary Lou Austin, owner of Murphy's Law, said she doesn't feel the new law will hurt her business.

"I'm not in favor of smoking, but in my business I don't have much choice. As long as I'm not the only place on the block that's nonsmoking, I don't foresee a drop in business. As long as they can't go anywhere else to smoke, it won't hurt," she said.

Dave Campos, general manager at the Black Angus, agreed that if it's a level playing field for all bars and taverns, owners shouldn't see a dramatic impact on business.

"People can always step outside to smoke. But they won't go to a bar or restaurant across the street where they can smoke," he said.

However, Dennis Andrews, owner of the Silver Fox in Cupertino, is participating in the National Smokers' Alliance's large-scale campaign aimed at informing the public about the repercussions of the ban. Andrews has ordered signs and coasters with information about the ban to be distributed at the bar. Andrews believes the law unfairly discriminates against bar owners.

"It hurts us the most. When people come to a bar, they come only to drink and smoke," Andrews said. "When people go to restaurants, they eat. When they go to billiard halls, they play pool. And when they go to bowling alleys, they can bowl. So where is the fairness for us?"

AB 13 has already eliminated smoking in restaurants, coffee shops, bowling alleys and billiard rooms. The law is designed to protect workers from the effects of secondhand smoke by restricting smoking in enclosed places of employment. Businesses face a fine of up to $7,000 for not complying with the restrictions.

Although members will not disclose how much money they've put into the campaign, the smokers' organization is backed by 43 corporations including Philip Morris, one of the largest sellers of cigarettes.

The smokers' alliance claims AB 13 has financially crippled restaurants and coffee shops because smoking customers are now going to places with outside patio seating, where they can still eat and have a cigarette. It is difficult to measure how businesses have been financially affected, although according to the State Board of Equalization, restaurant sales were up 4.5 percent soon after the law was passed.

Even so, the smokers' alliance believes that bars will be hurt by the ban since such a large percentage of their customers smoke. They are currently supporting legislation to extend smoking in bars until the year 2000.

Steven O'Thorne, a regular patron of Benjamin's on Stevens Creek Boulevard, believes that "smoking and drinking go hand in hand in a bar. This is one of my favorite bars because I can come here and relax, drink and smoke in one place," he said.

Paul and Harvey's Guyer said that if she didn't drink, she probably wouldn't smoke.

Sherbeam Wright, director of communications of the American Lung Association, believes the law will have a positive effect on bar business.

"Currently, many people who enjoy drinking, socializing and music don't or prefer not to patronize most bars because of the smoky atmosphere," Wright said. "Bar owners could actually see an increase in clientele. In bars that provide live entertainment, the increase in patronage could be even greater. Neighborhood bars generally have a loyal clientele," he said.

Wright added that if owners see the law's motive as reasonable, their clients should understand, adding that banning smoking from bars will only hurt business if people lose sight of the health aspect of the issue.

Staff writer Katherine Petersen contributed to this report.

This article appeared in the Sunnyvale Sun, April 24, 1996.
©1996 Metro Publishing, Inc. All rights reserved.