![]() "We know many Europeans are heavy smokers and that it would be difficult all along, and that’s why we fought it so hard." She and others said South Florida hospitality operators may see especially acute reactions from foreign tourists, particularly Latin Americans and those from the Mediterranean. "We see this as a property rights issue," she said, rebutting many advocates’ definition of the law as a workplace health and safety bill. She said most restaurateurs are concerned with maintaining a level playing field both within the industry and with outside public health interests.ĭuring the next four months, she said, the association will lobby lawmakers to protect business owners by allowing smoking in as many locations as possible, including outdoor cafes, bars within restaurants and possibly other areas that fall into the gray area of Amendment 6. "We have to wait for the legislature to define what the impact will be," said Carol Dover, president of the Florida Restaurant Association in Tallahassee. Legislators have yet to define enforcement measures – a responsibility that could fall under Florida’s Department of Business and Professional Regulations, the Florida Department of Health or counties and local municipalities. The same holds true, he said, for bars that drive big revenue chunks at their respective restaurants. "I have three different businesses that all cater to entertainment, but I have no doubt the law will have a compound effect on the dinner business," he said, adding that it would decrease customer frequency and time and money spent at the table. He now runs two adjacent businesses, a nightclub and an indoor/outdoor banquet facility. Shareef Malnik took over The Forge, an upscale Miami Beach restaurant, from his father several years ago. One local veteran restaurateur is about to get a first-hand lesson on how the law might impact different types of businesses. Smoking is already banned in all common areas used by the public such as elevators, educational facilities, health care facilities, public buildings and on public transit. Under current Florida law, restaurants must designate at least 65% of their seating as non-smoking areas and hotels must offer smoking and non-smoking guest room. Besides, he said, "smoking and drinking go hand in hand." According to the amendment, the Florida Legislature during its spring session must explicitly distinguish stand-alone bars from taverns and restaurants or decide how to treat outdoor venues under the smoking ban.Ī lax drawing of those rules could effectively transfer business from taverns and restaurants to outdoor cafes and bars that don’t serve food, Mr. How much food service will prompt inclusion under the new law is still unknown. Polisar, who is also chairman of Miami Beach’s Nightlife Industry Task Force, appointed by the city manager and commission.īuzzy Sklar, owner of Automatic Slims, a South Beach locals hangout, agreed, saying the amendment’s downside potential is on "bars that serve a decent amount of food." "If you’re a stand-alone bar or an outside cafe you might be helped, weather permitting, whereas an inside place serving food and alcohol will suffer a potential negative impact," said Mr. ![]() Widely referred to as a bar, it offers a full lunch and dinner menu and is likely to fall under the pending smoking ban.Īccording to Miami Beach attorney Steve Polisar, the ban not only singles out bar-and-grill type venues but could lend an unfair advantage to other types of establishments. ![]() The oldest tavern in Miami, Tobacco Road celebrated its 90th anniversary in November. "I don’t know whether people will just start going to stand-alone bars or places where they can smoke instead, but I imagine it’s going hurt the bottom line here," he said. "I’m not a smoker but I think it sucks that smokers won’t be able to have a cigarette in our place," said Joe Portela, managing partner at Miami’s historic Tobacco Road. ![]() That wording will punish certain establishments more than others, business owners say. The law bans smoking in all enclosed, indoor workplaces including restaurants but allows exemptions for stand-alone bars where food is "incidental" to alcohol sales, tobacco shops, bowling alleys and certain hotel areas. 6, championed by public health advocates as the Smoke-Free for Health Law, becomes part of the Florida Constitution this week and must take effect by July 1. 5 could deal an uneven blow to businesses, restaurant and bar operators say, increasing patrons at some while snuffing out others.Īmendment question No. The statewide ban on all smoking in workplaces approved Nov.
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