Smoking Ban Could Affects Restaurants Business

With the city’s new restaurant patio smoking ban going into effect on New Year’s Day, area restaurants are bracing for fallout from customers. “About 50 percent of my customers are Marlboro smokers,” reported Igor Nicholas, managing partner of Isla Cantina located at 8788 Sunset Blvd. at Holloway Street. “We have a very multi-culti clientele and they won’t like it.” George Germanides, owner of Mirabelle Restaurant at 8768 Sunset Blvd., expects some frustrated customers. “They’re not going to be happy about this,” said Germanies, who estimates 20 percent of his patio customers smoke. “There are going to be a lot of complaints.” The city is expecting there to be some resistance.
“We know there will be complaints from patrons,” said Anne McIntosh, the city’s Community Development Director. “The nature of any ordinance that affects a person’s behavior is there is initial resistance. Eventually they will understand it.” Customers need not worry about the “smoking police” patrolling every restaurant. McIntosh says no city staff will be going out hunting for smokers violating the law. “This will be handled through self-enforcement,” said McIntosh, explaining that it is the restaurant staff’s responsibility to inform a smoker of the new law and ask them to put out their cigarette. Similarly, patrons sitting nearby can ask a person to put out their cigarette. Staff or customers have the option of calling the sheriff’s department or code enforcement about the smoker, McIntosh said. But even after officials arrive, as long as the person puts out the cigarette when requested, that is the end of the matter. It is only if the person keeps smoking that he will get into legal trouble. The smoker is the one who will be fined, not the restaurant, McIntosh said. Restaurants will only be fined if there are repeated reports of violations. McIntosh was not sure of the exact amount of the monetary fine for violations, but said cited smokers do have the right to appeal a citation, much like a person can appeal a parking citation. However, she emphasizes this ordinance is not about making money for the city. “We don’t want to fine people,” said McIntosh. “We want them to stop smoking.” New Year’s Eve celebrations will not be affected since the new ordinance does not go into effect until 11 p.m. on Jan. 1, 2012. “We didn’t want to interfere with New Year’s Eve or the morning after, so we made it [take effect] at the end of the day on January 1,” McIntosh said.