Smoking ban hasn’t led to any citations
The Daily News By Rhiannon Meyers
GALVESTON — After more than two weeks, Galveston’s smoking ban has gotten a little hazy.
While some bars and restaurants are complying with the new law banning smoking indoors, on patios, decks and on sidewalks in front of restaurants and bars, smokers continue to puff away in banned areas across Galveston.
The Galveston Police Department has not issued any citations for smoking.
Most restaurants and bars have banned smoking indoors, but many business owners are turning a blind eye to those who light up on patios and decks, Dennis Byrd, president of the Galveston Restaurant Association and owner of The Spot, said.
Some Galveston establishments continue to allow smoking indoors, and that’s causing some problems for restaurants and bars that are attempting to comply with the indoor smoking ban, Byrd said. The Spot’s waiters, waitresses and bartenders have had trouble explaining to people that smoking is banned citywide, he said.
“We’ve got some customers who come in and say: ‘I don’t understand. I just smoked in a bar downtown,’” he said.
On Wednesday night, smokers lit up unabashedly at the Poop Deck, 2928 Seawall Blvd., and at Melrose Pub, 2002 Postoffice St.
Galveston resident Steve Parag said the smoking ban has influenced his decisions about which places he chooses to patronize. He said he stopped drinking at the bar at Salsa’s Mexican Restaurant, 4604 Seawall Blvd., despite the “fantastic margaritas,” when the restaurant banned smoking. But he said he still spends money at the Poop Deck, where he can enjoy a can of beer and a cigarette without being harassed.
Like many opponents of the smoking ban, Parag said the city council should have left it up to the discretion of business owners to allow smoking or not.
But Rex Bell, who owns Old Quarter Acoustic Cafe, 413 20th St., said he loves the ban. The former smoker said while he’s noticed other Galveston bars continue to allow smoking, he was ready to ban cigarettes at his establishment, which has live bands that often request to play in a smoke-free venue. Patrons haven’t complained much, and he’s had little trouble with the ban, Bell said.
But Byrd said the ban has caused major problems for members of his wait staff who feel uncomfortable telling patrons they can’t smoke on the patio, especially since waiters and waitresses often take hits on their tips when they tell customers to snuff their cigarettes.
“All we get is negative feedback,” he said.
Byrd said while he has no plans to return ashtrays to The Spot’s patio, he is considering letting smokers light up on the patio and instructing his staff to pick up the cigarette butts off the ground.
“I think we’re following suit with everyone else,” he said.
The outdoor ban largely has been ignored since the ban went into effect. Although smokers can’t light up within 15 feet of businesses’ front doors or open windows, smokers have been puffing away on the sidewalks along The Strand and Postoffice Street, and on decks and patios throughout Galveston since Jan. 1.
The police have said it is not a priority to enforce the smoking ban. They said they will respond to complaints, but they have to witness a person smoking in an area where smoking is banned to issue a ticket.
The offense is a class C misdemeanor — the equivalent of a traffic ticket — and comes with a $100 fine, unless the violation was done “intentionally, knowingly or recklessly,” which in that case, could come with a fine of up to $2,000.
The ordinance allows the city to ticket a person who owns, operates or controls a public place that fails to comply with the smoking ban. The offense comes with a $200 fine for the first violation, a $400 fine for a second violation and a $500 fine for each additional violation.
However, city spokeswoman Alicia Cahill said police have no plans to ticket the owners of establishments that allow smoking in banned areas.
Bar and restaurant owners have complained about the ordinance, which they said will harm already struggling island businesses.
They repeatedly have asked city council members to amend the ban to allow smoking on decks and patios. Council members on Dec. 10 amended the ordinance to allow smoking in stores specializing in tobacco products. That amendment benefits only Havana Alley Cigar Shop and Lounge, 415 21st St.
However, council members, fearing they were giving the shop an undue advantage, prohibited the shop from allowing its patrons to sip beer, wine and liquor inside the store. The shop also must install a ventilation system and ban anyone younger than 18 years old.
Unlike Galveston, Houston bars and restaurants are overwhelmingly complying with the city’s smoking ban, which went into effect in 2007, Rene Zamore, executive director of the Greater Houston Restaurant Association, said. That’s likely because Houston still allows smokers to light up in outdoor areas, such as decks and patios, she said.
“Restaurants and bars are loving the opportunity that they have an option,” she said. “That really has helped save them from a lot of angst.”
January 22nd, 2010 | 
People do the same thing with long island iced teas and margaritas. “Oh, hold the ice,” they’ll say. Then when I bring them a cocktail in a smaller glass than the margarita with ice, they say, “Oh no, I want the other one, the big glass!” So we bring them a margarita goblet 2/3 full and they say “Where’s the rest?” To which I reply “The rest would be ice!” You can’t cheat the system and get another half a drink worth of liquor by asking for no ice because, well, we’re not stupid, and my restaurant would actually like to make money.
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