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# Clearing the air for SM’s smokers
- URL: https://www.smdp.com/clearing-the-air-for-sms-smokers/
- Published: 2006-11-17T16:00:00.000Z
- Updated: 2026-10-23T23:07:14.000Z
- Author: Kevin Herrera
- Tags: Business, Santa Monica, #archive-import

*Businesses still unclear about smoking ban*

MAIN LIBRARY — On the 30th anniversary of the Great American Smokeout, business owners got heated about the city’s new sweeping ban.

City officials chose the annual day when smokers across the nation are encouraged to quit to unveil a new Web site dedicated to informing businesses, residents and visitors about the new outdoor smoking ban, which goes into effect on Thanksgiving.

With links to the actual ordinance, as well as facts about the dangers of second-hand smoke and information on how to quit lighting up, the Web site (www.freshairsantamonica.org) is part of an education campaign by the City Attorney’s Office to ensure compliance with the law.

City officials acknowledge that enforcement will depend heavily on awareness, in which the public is really policing themselves, being polite and respectful of others.

“Our goal is to make sure this law is understood,” said Adam Radinsky, a Deputy City Attorney with the consumer protection unit. “We are hoping that over not too long a period of time, knowledge and acceptance of the law will be widespread... Our biggest enforcement tool will be a change in the culture, just as we have seen with people smoking in bars and restaurants.”

In addition to the Web site, City Hall will be mailing thousands of informational brochures detailing the law and how it will be enforced, as well as facts about the dangers of second-hand smoke.

City Council unanimously approved of the sweeping smoking ban last month. In addition to all public parks, the beaches, and areas of the Santa Monica Pier, the new ban prohibits smoking in all outdoor dining areas, all Farmers’ Markets, the Third Street Promenade, all waiting areas (bus stops, ATMs, kiosks and movie lines), and within 20 feet of all entrances open to the public, open windows included.

Those who violate the law could be fined $250 per violation. Businesses will not be cited if a customer violates the law, city officials said. The responsibility to comply lies with the smoker.

The Web site and brochures were unveiled before an audience of roughly 20 business owners from various service industries, including bars, restaurants and hotels. They peppered Radinsky with questions about enforcement and pointed out what they believe are uncertainties in the ordinance.

Some were unsure if the ordinance applied to entrances to business that were closed and if pool areas in local hotels were included.

“There is really a mass confusion about what’s allowed in hotels,” said Misti Kerns, president of the Santa Monica Convention and Visitors Bureau, which is in the process of notifying travel agencies across the globe about the new ban, a source of frustration. “The city is really good about telling us what we can’t do, but not much on what we can do. We need more information on where people can go.”

Radinsky said pool areas where food is regularly served would be included in the ordinance.

Others asked about bus stops. Since they are included in the ban, what is the minimum safe distance a bus rider can smoke without being cited? asked one woman.

Radinsky said there was no clear measurement, but that a smoker should use common sense before lighting up.

“Certainly, we want to work with businesses, but I don’t think we’ll be there with chalk and a tape measure,” Radinsky said.

Others expressed concern about a loss in revenue if tourists will not be allowed to smoke in hotel courtyards or at restaurants and outside of bars.

“I can’t imagine there won’t be an impact on us,” said Douglas Newton, a manager at the Embassy Hotel, which caters to visitors from Asia and Europe who expect to be able to smoke. “I’ll have nothing left for them. It seems like the law was passed quickly and hasn’t really been defined yet. There are a lot of gray areas.”

Jim Lynch, president of the Santa Monica Chamber of Commerce, which sponsored the education session with City Hall, tried to assuage fears of losing money, citing studies which showed businesses prospered following bans on smoking inside public places.

There was also a question about law enforcement resources. Gary Gordon of the Main Street Merchants Association asked whether or not enforcing the law would force officers to spend less time investigating other crimes.

“Most of the restaurant owners I have spoken to felt very comfortable with the ordinance, but felt smoking was already not much of a problem,”Gordon said.“What is the level of compliance you expect and what about the demand on our police?”

In conversations with representatives with other cities, it was found that additional police resources were not needed and that rarely was one cited for smoking where they shouldn’t have been. Essentially, word of mouth helped cut down on the number of violations, Radinsky said.

“Our goal is to make sure this law is understood,” Radinsky said. “We don’t want to have a lot of unanswered questions.”

At the end of the session, Radinsky had plenty of those, as he was inundated with business cards from those who wanted some answers.

*Originally published in the Santa Monica Daily Press print edition on November 17, 2006.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/111706.pdf?ref=smdp.com)