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Total ban on smokes not likely

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BLOOMINGTON - If a proposed smoking ban is to pass in Bloomington, both sides will have to come to a compromise.

Bloomington aldermen on Monday discussed their positions and their questions regarding a smoking ban so city staff members can get to work on drafting an ordinance. It could be voted on at the April 24 or May 8 meetings.

Alderman Kevin Huette seemed to be the only vote on the council who would favor a total ban to prohibit smoking in public places, including taverns and restaurants. Huette told fellow aldermen he would like to see the city adopt an ordinance exactly like one currently under consideration by the Normal City Council.

A proposed ordinance discussed by the Normal council April 3 would ban smoking in all indoor public places, except designated hotel rooms, retail tobacco stores, private clubs or lodges, and rooms in assisted-living or nursing home facilities.

Smoking would be allowed in outdoor patios and public sidewalks, parks and golf courses except in the case of public assembly.

The Normal council plans to vote on the ordinance May 1 and - if adopted - the ban could take effect Jan. 1.

Alderman Mike Matejka said one problem with approving an ordinance like Normal's is the differences in how liquor licenses are regulated between the two cities. Bloomington licenses allow taverns in addition to restaurants while Normal only offers licenses for restaurants.

The principal business of taverns is the sale of alcohol, so children generally aren't present and smoking is more tolerated. The line between restaurants and taverns is blurry, however, Matejka said.

"Through our liquor commission and licensing process we've encouraged all taverns to serve food," Matejka said.

If an ordinance is drafted to cover establishments that serve food, they would run into some difficulty excluding taverns, he said.

Meanwhile, Aldermen Allen Gibson, Steven Purcell and Jim Finnegan said they would like to see the city go without an ordinance. Finnegan, an ex-smoker, said he would like to see everyone quit smoking, but whether a restaurant or tavern is smoke free should be a decision made by business owners and not the council.

Aldermen J. "Skip" Crawford, Karen Schmidt and Matejka said they could vote in favor of an ordinance that provides some compromise between the local tavern and restaurant owners and those campaigning for a smoke-free community.

Alderman John Hanson said he does not want to see the city trying to regulate small businesses, but he did not say how he would vote.

In recent weeks Mayor Steve Stockton has been working with both groups to find some compromise, but he said they will never be able to agree. Stockton, who votes only in the event of a tie by the council, said he favors a ban of some kind.

Barbara Taft, who represents the Independent Tavern and Restaurant Establishments, suggested that all places with tavern licenses be exempt from the ban and restaurants that gain 40 percent of their sales from alcohol be exempt from the ban.

Peggy Jones, health initiatives director for the American Heart Association, said one major goal of the smoke-free campaign is to protect the health of workers in taverns and restaurants. That group is opposed to exemptions.

Although Jones said the smoke-free group would meet with the tavern and restaurant owners, she said it is possible the smoke-free group would consider calling for a referendum.

In home rule communities such as Bloomington, referendums are non-binding.

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