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November 16, 2008

Where there’s smoke ...there’s 23 bars exempt from ban

By Matt Snyder

MERCER COUNTY — Two months after Pennsylvania enacted a public smoking ban, drinking and smoking continue to go hand-in-hand in many Mercer County taverns.

To date, 23 bars in the county have been approved for exemptions to the ban, according to the state Department of Health. Department spokeswoman Stacy Kriedeman said only about half of the pending applications have been considered so far.

Much of what remains are the restaurants with separate drinking or smoking areas, which have applied for the exception but need to be inspected prior to approval, said Ms. Kriedeman. Across the state, only 1,727 of the 3,246 applications for exemption have been approved so far.

Any establishment that applied for an exemption prior to Sept. 11 this year can permit smoking until a decision is made, Ms. Kriedeman said.

Bars only get exemptions if 20 percent or less of their sales include food, she said. They also can’t let anyone 18 or under inside for any reason.

Besides the 23 bars so far exempted, other county establishments have found ways to adapt to the law.

Tully’s Irish Pub, a part of Sharon’s Quaker Steak and Lube complex, is mostly a drinking area and architecturally separate from the restaurant, said general manager Rich Kerns.

That means smoking is still permitted. They’ve also got a fully enclosed patio for smokers.

On the ban, Kerns said, “Because we have these several things, it hasn’t really impacted us.”

Muscarella’s Cafe Italia, Sharpsville, had a smoking bar that had to be converted to nonsmoking because it is not separate from the dining area, said co-owner Tim Patton.

“A lot of regulars adjusted to just going out and smoking a cigarette,” he said.

“But mainly I think for the dining room it’s been a positive feedback, where the whole place is nonsmoking. You see more families and people that wouldn’t come in before venturing in,” Patton said.

He said it’s a plus for the employees’ health and his own, and added that it’s an unfair advantage for bars that have an exemption.

“And it was supposed to protect the employees and their health,” he said. In places with exemptions, like bars and casinos, Patton said that isn’t happening.

Sashko Zlatanov, who runs Walnut Creek Golf Course in the Jamestown area, said business is steady because he’s applied for the exemption.

Other than a few people complaining that smoking was still happening, it’s been popular, he said. “I see all the locals; they come just like they did last year.”

On the health of his employees, Zlatanov said, “The way I see it, when they come here and they see the ashtray, they know right away. They see me smoking inside, they should know what they’re getting themselves into.

“If smoking really concerns their health, when they put their applications in, I have to tell them they have to find a job somewhere else.”

He added that it’s hard to take away smoking from bar-goers. “It’s like taking their freedom away. I was in the military four years, I fought for this country, this is my bar. Whether I have an exemption or not, I think it’s wrong for them to take my freedom away.”

Zlatanov said he hopes to pick up some of the Ohio smokers who have to deal with a more stingent state law without Pennsylvania’s exemptions.

Approving the rest of the state’s exemptions will take time, Ms. Kriedeman said. Someone has to come to the site and inspect the establishment, making sure the smoking area is separate from the dining area, with separate ventilation and entrances.

There is also a Department of Health helpline for people who have questions or want to report a complaint. It’s at 1-877-835-9535 or www.health. state.pa.us

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