Restaurant and bar owners here say theyre scrambling to comply with Initiative 901 before it goes into effect Dec. 8and also complain that the smoking bans ambiguous guidelines make their options hazy.


Operators of local smoking establishments say possible alternatives include building an outside patio or other designated smoking area, or becoming a private club. The wording of I-901, however, is unclear as to whether private clubs can allow indoor smoking, business owners say.


Theres going to be some lawsuits and it might take months to determine if its legal or illegal to allow smoking in private clubs, says Bob Materne, owner of The Swinging Doors, a popular sports bar at 1018 W. Francis. Theres no guidelines yet, and now we only have a few weeks to determine what the rules are.


I-901, also known as the healthy indoor air initiative, amends Washington states 1985 Clean Air Act to remove exemptions for workplaces including restaurants, bars, bowling alleys, and non-tribal casinos. It prohibits smoking 25 feet or less from entrances, exits, windows, and ventilation intakes. Businesses can get waivers from local health departments for the 25-foot buffer if they can show that smoke wont enter a building. Washington state voters passed the ban on Nov. 8 by a 63 percent majority.


Materne says his most viable option for complying with the law is to cover The Swinging Doors outdoor beer garden. That area is less than 25 feet from the bars entrance, though, so he plans to apply for a waiver, he says. The restaurants ventilation system has positive air flow, meaning air moves out of the building rather than circulating back in, and that might help the restaurant get an exemption.


Another alternative would be to build a door to the beer garden to make it completely separate from the main building, Materne says.


In 10 years I think every state will be nonsmoking, he says. Its the 25-foot rule that makes the law very stringent.


He says even if becoming a private club turns out to be an option for businesses under the smoking ban, a members-only policy would be difficult to enforce at his establishment, which serves up to 400 people a night. The Swinging Doors has more than 50 employees, and he says he might have to fire 10 to 15 people depending on how badly his business is hurt after the law goes into effect.


Litigation is the primary response that hes heard discussed among people in the food and beverage industry who allow smoking at their restaurants here.


Theyre thinking about suing, he says. But (Initiative 901) was decided in an election, so who are you going to sue, the people?


Jeff Snyder, who owns The Final Chapter restaurant, at 105 E. Mission, and Chic-A-Ria German Inn & Pub, at 1812 W. Francis, says he would like to help coordinate an effort with other restaurant owners to try to overturn the law. He says The Final Chapters business wont be hurt badly by the new law, but Chic-A-Ria, which has gambling, serves a large number of smokers. Customers there already have told him they dont plan to visit the restaurant as often and wont stay there as long as they used to.


Im very worried about Chic-A-Ria, he says.


Chic-A-Ria is located in a shopping center, so Snyder says an outdoor patio isnt an option. He also says the law is unclear about who would be fined if one of his customers smoked within 25 feet of the restaurants entrance. For instance, if a customer smoked outside of the neighboring nail salon, he doesnt know if the owner of that salon would be fined or not.


If private clubs are determined to be exempt from the law, Snyder says he plans to turn his restaurants into private clubs.


I absolutely would consider becoming a private club and would jump on that opportunity in a heartbeat, he says. I dont know how to do that, but Ill figure it out.


Anthony Anton, vice president of the Olympia-based Washington Restaurant Association, which has 4,800 members statewide and 315 in Spokane County, says the WRA is trying to get clarity from legal experts about how the law applies to private clubs before it advises owners to consider privatizing their businesses. The law says its intent is to ban smoking in private clubs as well as public establishments, but its wording is unclear as to whether it actually does ban smoking in private clubs, he says.


The issue is going to need to go to court, and I expect it will do so soon, Anton says.


The Washington state Liquor Control Board also is waiting for clarification about the law, says its communications director, Bob Burdick. He says the board isnt involved in enforcing the ban, and local health departments will need to determine whether private clubs are exempt from the law.


The Spokane County Health District currently is working with other health agencies in the state to make sure theres consistency in enforcement of the ban, says Dr. Kim Marie Thorburn, the districts health officer.


Were not prepared to say definitively whether smoking in private clubs is banned or not, Thorburn says. We will certainly know before Dec. 8.


The health department has received a number of inquiries about the private club issue from local establishment owners, she says.


Counting on nonsmokers


While 80 percent of the restaurant industry in Washington state is nonsmoking, Anton says the remaining restaurants depend heavily on smoking clientele and will need support from nonsmokers after the law goes into effect.


The public voted for it, and they have the right to do so, he says. The unknown is whether nonsmokers will be more likely to participate in evening activities now that they wont come home reeking of smoke.


Additionally, the state has tribal casinos that operate close to non-tribal entertainment centers, Anton says. The smoking ban doesnt cover tribal casinos and will be a boon to them, but will negatively impact businesses that compete with tribal establishments.


If you have main competition five minutes down the road and youre a smoker, you could just drive down there and not give up anything, Anton says. I would guess casinos are pretty excited that millions of nontaxable dollars are going to be coming to them.


Jerry Heggestad, owner of Aces Casino, at 6301 N. Division, says about 20 customers already have told him they plan to go to Northern Quest Casino in Airway Heights, which is owned by the Kalispel Tribe of Indians.


Heggestad says hes considering building an enclosed shelter for smoking customers, but would need to get approval from the county health department because it would be less than 25 feet away from the entrance.


Thats my only option, he says. If they dont approve it, Im in real trouble.


Heggestad says he anticipates hell have to fire six employees, or about 10 percent of his work force, even if hes able to add an enclosed patio.


Though not yet in effect, the smoking ban already is boosting sales for businesses that supply patio equipment, says Thad Schoesler, owner of Alpine Home Products LLC, of Spokane. Alpines products include aluminum-based coverings for patios, decks, and porches that range in size from a small doorway awning to a 16-by-60-foot cover for workplace outdoor break-room areas. Prices are roughly $10 a square foot.


Schoesler says that since the initiative passed, hes gotten a number of calls from business owners who want to install patio covers for smoking areas. He currently is working with Big Brothers & Sisters Bingo, at 930 N. Monroe, and a restaurant called Talottis, at 211 N. Division, to install outdoor covers at those establishments.


I expect higher demand once it gets closer to the ban, he says. My marketing is definitely shifting toward smoking covers.


Evelyn Hoffman, owner of Lamp Post Tavern, at 408 W. Sprague, says building an outdoor patio at her tavern isnt possible, because its surrounded by other businesses, and Sprague Avenue sits within the 25-foot buffer. She says she would consider becoming a private club if smoking is allowed in such establishments.


I cant do a whole heck of a lot, so I guess Ill just give (customers) an umbrella if its snowing or raining outside and they want to go smoke, Hoffman says. At one time they even gave lepers their own colony, but there arent any options for us.