GULF SHORES – Put out your butts: the City of Gulf Shores Smoke Free Air Ordinance will soon be in effect, banning smoking in nearly all public places. 

City Council passed the measure at its Monday regular meeting by a margin of 4-2 with Joe Garris and Steve Jones dissenting.

Jones said that he understands the health aspect of the ban; however, he was concerned with imposing another regulation on local businesses and the plausible hardships that arise from regulation. 

The ordinance, which goes into effect 90 days after adoption and publication in an area newspaper, is stringent in its application and will be duly enforced inside the city limits and the police jurisdiction. 

Smoking will be completely prohibited in bars and restaurants, regardless of food sales. 

Some smoking bans permit bars that do not sell food to allow smoking, or if an establishment sells more alcohol than food, for example, smoking would be allowed. 

The ordinance, however, does not differentiate a restaurant from a bar. 

The smoking ban also includes private clubs, convention facilities, common areas in apartment buildings, condominiums, sports arenas including the seating areas of outdoor facilities, and all city parks.

Places of employment are regulated as smoke-free including private offices, cafeterias, and employee lounges. 

The ordinance allows smoking 20 feet outside the area where it is prohibited; although, an establishment can increase the distance by posting a sign “stating that smoking is prohibited within a specific distance from the building.” 

Smoking will not be regulated for private residences, hotel rooms designated as smoking, retail tobacco stores, public and private beaches, and outdoor areas of restaurants such as decks and porches. 

If a person violates the ban, the penalty is a misdemeanor, punishable by a maximum fine of $50. 

Business owners, who fail to comply, will face a maximum fine of $100 for the first violation and $200 for the second violation within a year. 

But, the ordinance states that “a person who owns, manages, operates…a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.”

Opponents, representing local bars at the meeting, contended that they are entitled to make a choice regarding smoking on their premises.

They added that most of their clientele are smokers thus the ban will greatly affect their business since customers may be more willing to grab a 6-pack, head home, and smoke. 

Concerns were also raised regarding safety since smokers will have to exit the establishment and smoke, pushing smokers and friends outdoors rather than having a controlled and monitored environment inside. 

One bar owner was troubled with lone females having to walk 20 feet away from the premises for a smoke.

Councilmen Philip Harris said the ban included bars since otherwise the ordinance would create an unfair marketplace where customers smoke across the street since a smoking- establishment would be exempt due to higher alcohol sales compared to food sales. 

He said a comprehensive ban levels the playing field, creating fair competition among local restaurants and bars. 

Opponents, however, argued that they do not have the food sales to fall back on, and they need to meet the expectations of their clientele, beer and cigarettes included, in order to be a solvent business. 

In one case, a local bar owner stated that 90 percent of its customers are smokers.