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Kansas City indoor smoking ban exemptions

Published on May 15, 2009 4:22 AM

The owners of 70 bars, taverns and restaurants across the Kansas City have purchased the exemptions from the Kansas State indoor smoking ban businesses, and remain smoker-friendly paying just $250. The right to be exempted from the statewide smoking ban in public places implemented on February 24, can be purchased up to 2011, when all the exemptions would be eliminated.  

However, not every bar owner decided to buy the exemption. For example, Breit’s Stein and Deli owner Bob Breitenstein, who opted to keep his restaurant smoke-free.

He said that he had no hesitations about it. He simply didn’t launch any section for smokers or permitted smoking after 9 p.m. in conformity with the requirements for exempted places where adolescents are allowed to enter.  

“I have many children and teenagers who often come for a lunch so I thought that designating a smoker-friendly section would not work because the smoke would reach all the tables no matter of where to sit.”

Yet, Breit’s Stein and Deli owner said that in case the business dropped he would certainly buy the exemption, since he has to feed his large family.

Despite several regular visitors left, Breitenstein admitted that sales have not seen a significant decline in comparison with the previous year. In addition, he designed a beautiful patio on the backyards of his restaurants where his smoking visitors can have a drink and a puff.  

The patio became a kind of shelter for chain smokers like David Rota who came to the restaurant on Wednesday afternoon.

Lighting up a cigarette, Rota admitted that Breitenstein attitude to smokers and smoking ban has attracted many visitors, both smokers and non-smokers since he found an unusual and interesting approach to smoking by creating a patio instead of simply forking up $250 for ban exemption.  

According to the Kansas City Government, there are 320 bars and restaurants. Among them, only 70 have bought smoking ban exemptions.

On the first sight, this rate may seem slightly low; however, judging by the fact that definition of a “restaurant” used by local authorities is rather broad and includes fast-food, snack bars and caterers where smoking is not permitted. 

There are as well several establishments that have bought the smoking ban exemptions although they do not provide meals or alcohol. Among such entities are local nursing home and several convenience stores.  

Despite all the exemptions would be valid until 2011 only, opponents of the exemptions from the ban on indoor smoking claim that the local authorities would get under the pressure of business owners when the deadline time would be coming.

“When you look at Wyandotte County, 69 businesses is pretty significant,” said Theresa Ruiz, regional government relations director for the American Cancer Society in Kansas City.

“70 businesses form a significant amount and it’s only the beginning because many are still hesitating about the purchase of exemptions, however as more and more of these businesses would get those exemptions it would opportunities for loopholes,” declared Rene Cabrera, Action on Smoking and Health regional director.

At the same time, Kansas City casinos and the majority of private clubs have been exempted from public smoking ban; therefore, many restaurant owners felt discriminated with the fact that they have to buy the exemptions.

“I believe that is horribly unfair and inequitable,” complained Jodi Toss, manager of Strawberry bar, located in Western Part of the City. “If they claim that smoking is unhealthy, then it should be unhealthy for every entity, including the casinos.”

The bar visitor Matthew Ronson, who has been smoking for 15 years said that non-smokers who don’t want to suffer from secondhand smoke, should not enter smoker-friendly establishments.  

“Look at that sign?” he said, pointing at the sign on the front door of the bar. “It is clearly written here, ‘Warning, smoking permitted.’ ”