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Smoking ban now in effect

By Lindsay Slater
The Times-Journal

Published April 1, 2009

The citywide smoking ban is now in effect in Fort Payne.

All restaurants are now non-smoking but the seven-page ban allows businesses other than restaurants the option of allowing smoking with the application of a waiver.

Each business is required to clearly post signs at all entrances declaring it is a smoking or non-smoking business.

There has been no discussion on the specifics of the waiver process.

The law bans smoking at all city facilities, buildings and vehicles and creates a 20-feet smoke-free barrier surrounding any city facility.

At businesses, the ordinance outlines the smoke-free barrier as a “reasonable distance.”

Open porches, screen porches and decks are considered to be outside areas.

Jamey Haltom, owner of MJ’s Grill at the Mill, said he’s in favor of the ban.

“We’ve had people leave the restaurant because of the smoking,” Haltom said. “I think our business will go up.”

MJ’s Grill at the Mill offers an outdoor patio area that Haltom said will accommodate his smoking customers.

Carl Orand, a resident of Mentone, said he thinks the ban is taking away his rights as a smoker.

“I think it’s strange,” Orand said. “Before, restaurants had smoking and non-smoking and everyone was accommodated.”

President Barack Obama, who stopped smoking but has admitted he slips now and then, signed a law raising the tobacco tax nearly 62 cents on a pack of cigarettes, to $1.01. Other tobacco products saw similarly steep increases. That tax also went into effect on Wednesday.

Orand said the tax increase is also unfair.

“They raised the taxes on cigarettes, but they are telling us where we can smoke them,” Orand said. “It’s upsetting.”

Archie Quizon, owner of Archie’s, said he is concerned about his business and was the only business owner who publicly opposed the ban to the council.

“Right now, we don’t know how it’s going to be,” Quizon said. “I do respect the city and their decisions, but I’m generally concerned about how it will affect my business.”

Quizon said the majority of his customers smoke, and with the new ban, he is limited on space to provide his customers to smoke.

“We have the back deck, but it will be a problem when it’s raining,” Quizon said. “We don’t have property to extend the outside area.”

Quizon said some smoking customers have said they would stay at home or go to Scottsboro, and others said they would continue to be loyal customers at the downtown restaurant.

“The ban is a good thing as far as the health issue goes,” Quizon said. “I am, however, trying to make a living and with the new ban, I hope things work out for the best. We’ll have to wait and see how things go.”

A person found smoking in a non-smoking area could receive a $50 fine.

A business owner or manager who doesn’t comply with the ordinance could be fined $100 for the first violation, $200 for the second violation and $500 for each additional violation within a year.

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The Fort Payne Times-Journal | Publisher: J.D. Davidson

811 Greenhill Blvd.NW, Fort Payne, Alabama 35967 | Tel: 256-845-2550 | Email