Bar owners smolder over smoking ban

By John Henderson
Rocky Mount Telegram

Tuesday, May 19, 2009

To the dismay of local bar owners, a state law banning smoking in public bars and restaurants became law on Tuesday after Gov. Bev Perdue signed off on the bill.

Several local bar owners were unsure whether a provision in the law that exempts private clubs would mean their customers could continue to light up after Jan. 2, when the law goes into effect.

The law exempts from the smoking ban “a country club or organization that maintains selective members, is operated by the membership,” and is either incorporated as a nonprofit corporation or is exempt from federal income tax under the Internal Revenue Code.

Tommy Benson, the owner of Night Life Bar & Grill and Baby Dolls Cabaret, said he plans to have his lawyer look at the language of the law to see whether there is a potential legal challenge.

The law exempts private clubs like the Moose Lodge at 521 Country Club Blvd., which is only a few blocks away from Night Life.

Benson said a law allowing customers to smoke in the Moose Lodge and not Night Life seems unfair.

“We might find some way (to challenge the law) and find it unconstitutional,” he said.

An earlier N.C. House version of the bill exempted bars like Night Life from the smoking ban, but the N.C. Senate changed the wording of the bill. The earlier House version would have created a competitive disadvantage for restaurants, said the president of the N.C. Restaurant and Lodging Association.

Linda Long, the owner of Gator’s Sports Pub, previously had supported the House version of the bill. The bar even posted a sign in the parking lot proclaiming: “Welcome smokers!!”

On Tuesday, she first said she thought that her bar still might be exempt from the new law because Gator’s is a private club in which members must sign up to join. But after she learned the bill also stated that the club must be a nonprofit corporation or exempt from federal income tax, she said Gator’s may not be exempt.

Long said if the smoking ban does apply to that bar, it should not hurt business too much.

She said they have a patio where customers can sit outside and smoke.

“People will drink whether they smoke or not,” she said.

Also exempt from the law are country club lounges. Wayne Holloman, part owner of Northgreen Country Club, said they don’t allow smoking anyway in their upstairs lounge area.

“I guess technically it (the law) wouldn’t affect us,” he said.

Holloman said he is 100 percent in support of the state’s anti-smoking law. He said the rights of nonsmokers are infringed upon when smokers light up next to them.

“There is nothing worse than eating in a restaurant as a nonsmoker and having that (smoke) kind of overtake your (dining) experience,” he said.

Smoking still will be allowed at The Elks Lodge Rocky Mount, as it is under the private club exemption, bartender Joe Lovett said.

He said he is not sure whether this will increase membership.

“We have smokers and nonsmokers (as members),” he said. “We have smoking and nonsmoking sections.”

Philosophically, he said, he is opposed to the new law.

“I think government is in it too deep. They are into something they shouldn’t be in to,” he said.

In a prepared statement, Perdue announced signing House Bill 2.

“This is a historic day for North Carolina,” said Perdue. “But more important than the history that we are making is the positive impact we are having on public health. By banning smoking in our restaurants and bars, we will greatly reduce the dangers of secondhand smoke and lower health care costs for families.”