February 9, 2010

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Smoke-Free Md. Starts Today




 

By Shawn J. Soper, News Editor
Originally published February 1, 2008

OCEAN CITY – Restaurants and bars in Ocean City and across Maryland are completely smoke-free starting today with the arrival of the effective date of legislation passed last year to prohibit smoking in all indoor public places with few exceptions.

Many businesses throughout the area this week scrubbed the last vestiges of smoking from their establishments, discarded or stowed ashtrays and made other arrangements for the arrival of the smoking ban across the state. Others who voluntarily prohibited smoking in advance of the ban planned for a new day with a level playing field with their competitors.

The issue has been a passionate one for years but came to a head last year when the General Assembly finally passed a statewide ban on smoking in restaurants and bars. Several local jurisdictions passed similar bans in advance of the statewide smoking ban, but the legislation approved last year applies to every corner of the state.

While most agree the smoking ban addresses an important public safety issue, some proprietors decried the law as another intrusion by the government on private enterprise. Others have embraced the law from the beginning, but have reluctantly stayed away from implementing a ban in their establishments for competitive reasons.

In either case, all businesses are smoke-free today and many are in the process of making accommodations to their smoking clientele. From one end of the resort to the other, business owners and staff were busy this week creating alternatives for their smoking guests while making sure they are following the letter of the law for their non-smoking customers.

The law does provide for some exceptions. For example, businesses with existing outside, open areas will be allowed to accommodate their smoking customers, while others are creating new areas outside of the building footprint to comply with the letter of the law.

“We’re making an effort to totally accommodate our smoking guests,” said Greene Turtle West General Manager Chad Rogers. “We’re going out of way of our way to do that. We have an outside area already on our patio that we’re converting to a smoking area.”

The outside smoking area will include tables and chairs, televisions for all the sports action and other amenities for smokers. It will be outside in the elements, according to Rogers, but there will be flaps that can be put down when the conditions warrant them.

“It’s going to be easily accessible and very open, but it will allow some of our guests to pop out and smoke without interfering with our non-smokers,” he said.

It will be the latter that will benefit from the smoking ban, obviously. Rogers said he is looking forward to inviting back the segment of the clientele that might have stayed away because the establishment allowed smoking in the bar area.

“I’m really excited about them coming back,” he said. “I’ve heard people tell me they love the bar and the food and the music, but they stayed away because it got smoky in here sometimes. This is going to be a good thing for everybody. The place is going to be cleaner, it’s going to smell better and we’ll start seeing more families with young kids coming back.”

The Greene Turtle is one of many restaurants and bars around the state that is donating a portion of their proceeds from today’s business to the American Cancer Society in honor of start of the indoor smoking ban. All of the Greene Turtles across the state are participating with the original Greene Turtle in north Ocean City contributing part of its proceeds for the whole day.

Much of the donated proceeds will be dedicated to the Relay for Life program. American Cancer Society officials this week celebrated the arrival of the effective date of the law and praised state lawmakers and the business community for their conviction on the issue.

“We are very excited that this day has finally arrived and we would like to express our gratitude to the lawmakers and restaurant owners who believed in this fight,” said American Cancer Society Government Relations Director Bonita Pennino this week. “They understood that strong smoke-free laws protect the health of both workers and patrons, and these laws do not harm business, providing a win-win situation for public health and the state’s economy.”

While most bars and restaurants in the resort are adjusting and adapting to the new smoke-ban law this week, others have voluntarily been smoke-free well in advance of the legislation. Some have banned smoking outright since they opened; while others have adapted a hybrid approach with smoking limited to certain designated areas.

For example, the Crabcake Factory in north Ocean City has been completely smoke-free in all inside areas since it opened 11 years ago. Owner Johnny Brooks, a former smoker, said this week the decision to go smoke-free was based on personal preference.

“We have been smoke-free from the beginning when nobody else was doing it,” he said. “For a long time, we were the only ones. From day one, we haven’t allowed smoking in any of the indoor areas. I used to be a smoker and I just got tired of being around it.”

Brooks said he has heard grumblings in the business community about the potential impact on the bottom line, but advised his colleagues to keep an open mind on the issue.

“Change is difficult, but everybody will get used to it,” he said. “It happened in Delaware. They [business owners] shouldn’t be worried. I think they’ll find themselves with a whole new segment of the customer base.”

Over in West Ocean City, Dr. Unk’s is another establishment that has been smoke-free from the beginning. Owner Greg Grimm said this week it was a tough choice with so many of his competitors in the immediate area allowing smoking, but the decision has paid off for him with a legion of loyal non-smokers.

“When I first opened, I was looking to do something different,” he said. “I wanted to give people an alternative. We were kind of the odd duck for awhile, but we’re three years in now and it has panned out for us.”

Grimm said he understands some in the business community have grave concerns about government dictating policy to private enterprise, but said the time was right for a complete smoking ban in Maryland.

“Maryland has had smoke-free workplaces for most employees for about 12 years,” he said. “Restaurant workers were never part of that, but they are on the front lines. They needed the same protection from second-hand smoke that all other members of the workforce enjoy.”

While some resort restaurants and bars can readily accommodate smokers with outside areas not included in the bill, others might find themselves at a competitive disadvantage with their neighbors. Like the Greene Turtle West, some are creating designated smoking areas outside the building, but others are faced with limited opportunities to do so because of the physical limitations of their sites.

The state law does include a provision for a waiver if economic hardship caused by the smoking ban can be proven. However, it will likely be difficult to gain a waiver given the strong support for the legislation.

 

 

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