tion out there and putting a positive spin on this.”
In September, attorneys for City Hall told members of the business community that they were planning to change the law so that fines would be issued to restaurants and bars that knowingly allow their patrons to light up. A meeting called to explain the change was not well attended, leading for calls to hold more.
Under the current ban, which went into effect in November of last year to protect the public from the dangers of second-hand smoke, people are prohibited from smoking in all public parks and beaches, the Santa Monica Pier (except in designated areas), The Third Street Promenade, all Farmers’ Markets and outdoor dining and bar areas, as well as within 20 feet of any entrance, exit or open window to a public building.
Those caught violating the law can be fined $250.
Presently, the law only targets the smoker and not the business, something city attorneys would like to change after receiving dozens of complaints over the last year about restaurant and bar owners who blatantly allow their customers to break the law, some going so far as to offer ashtrays.
Attorneys with City Hall’s Consumer Protection Unit, which was responsible for drafting the smoking restrictions, said Santa Monica is the only city in the region with a ban that does not put pressure on business owners to comply.
Amending the ban would make enforcement easier, attorneys say, however, the burden of proof would still be high. City attorneys, along with police, would be able to conduct undercover operations at local businesses to gather evidence and then present that when issuing a citation. City attorneys would have to prove that a business owner was “knowingly or intentionally” permitting smoking.
Since the introduction of the first smoking ban in 1975 in Minnesota, business owners have expressed concerns about the impact the bans would have on their bottom lines, but so far, there has been no evidence to suggest that no smoking laws are taking a bite out of profits, according to the California Restaurant Association.
In fact, enforcing the ban helps businesses, said Robert Berger of Healthier Solutions, a marketing firm that is working with Santa Monica to educate people about the no smoking law. Berger and representatives from Los Angeles County Department of Public Health said if the law is not enforced, then businesses who encourage smoking will have an unfair advantage over those who don’t because they will be attracting more smokers to their establishments.
Enforcement “levels the playing field,” they said.
Also, more and more people are choosing to dine only at restaurants where they know smoking is prohibited. By catering to this segment, businesses can also increase their profits.
One owner of a local restaurant and bar said she is not in favor of placing more pressure on business owners to be the enforcers or face a fine. She believes the ban is bad for the environment because it pushes smokers into the streets, where they flick their cigarette butts into gutters that lead to the Santa Monica Bay.
“I think the city is going too far,” said the restaurateur, who did not want to give her name out of fear of being targeted by City Hall. “What’s next? Are they going to make us limit the number of burgers or beers a customer can have a week?
“Santa Monica really is turning into a police state.”
Originally published in the Santa Monica Daily Press print edition on November 20, 2007. Read the original PDF.