A year later, sales are up despite bar smoking ban

Some say it hurt business, others say it didn’t. The best data available, state meals-and-beverage tax figures, suggest that if anything the smoking ban that went into effect last March 1 has increased sales at Rhode Island bars and restaurants.

From March through November, those figures show, tax collections – a 1-percent levy on sales – were up 8.2 percent ($208,606) from the same period in 2004.

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But John J. Dorr, owner of the Mira Bar on Richmond Street in Providence, said the figures don’t fit with his experience. He lost many of his weekday customers because of the smoking ban, he said. He figures his smoking customers prefer to drink in the smoke-friendly comfort of their own homes instead of going out during the weekdays.

“I think it does hurt,” Dorr said. “When the smoking ban went in, business dropped. It never came back.”

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Rhode Island’s Public Health and Workplace Safety Act prohibits smoking in public places and workplaces including bars, restaurants, bingo facilities, convention facilities, elevators, lobbies, hallways and common areas in apartment buildings and other residential facilities with more than four units.

The law exempts casinos. It originally made special provisions for certain private clubs and small bars, but after a Superior Court judge issued a temporary restraining order against that part of the law, the General Assembly amended the law to remove those provisions.
Violations of the smoking ban are punishable by a $250 fine for the first offense, $500 for the second offense, and $1,000 for the third and subsequent violations of the act. It is the responsibility of employers, not individuals breaking the law, to pay fines for non-compliance.

To be fined, an employer must have been the subject of at least two complaints, said Betty Harvey, manager of the tobacco control program at the R.I. Department of Health. The first complaint will result in a notice of violation; so far 59 have been issued, she said. Only one employer has been fined, though about 18 cases are pending.

Bob G. Hyssong, owner of Baxter’s Bar and Grill in North Providence, said his customers generally don’t mind not smoking. Though he lost some business from regular smoking customers, he said, he gained some from non-smokers.

The smoking ban has its pros and cons, Hyssong said. On one hand, the ban creates a cleaner atmosphere and cuts back on the time it takes to clean at the end of the night. On the other hand, because cigarette smoking is closely linked to alcohol consumption, some people don’t spend as much time in the establishment.

Jed J. Orton, manager of Mill’s Tavern on North Main Street, said sales initially dropped about 5 to 10 percent at the upscale restaurant and bar. But business picked back up within a month.

“We might have lost a couple regular smoking customers,” he said. “All in all the effect was minimal.”

The same was true for the Z-Bar and Grille on Wickenden Street in Providence. Manager Joseph A. Magno said the establishment retained most of its regular customers and experienced little, if any, decrease in sales due to the smoking ban.

“At first, maybe” there was a dropoff, Magno said. “I think people had to get used to it.”

Non-smoking employees, especially in businesses that experienced very little change after the ban, said the lack of smoke-filled bars is a good thing.

“Conditions are a lot better,” said Magno, who doesn’t smoke. “It’s much cleaner. People can breath. There is not so much deterioration of the building.”

Harvey said the Health Department has received very few complaints from businesses regarding the smoking ban. Some bar owners do complain about other bars within close proximity allowing smoking, which takes business away from those that comply with the law.

“The businesses by and large are pretty happy with this,” she said. “Complaints center around bars and clubs such as the VFW and American Legion.”

To date about 240 citizens have filed written complaints regarding smoking violations, but only 77 were willing to sign their names, Harvey said.

Many people complain about smoke drifting in from outside through entrances. They also complain about waiting for the Health Department to take action against non-complying businesses, but because the department has no enforcement unit, the process is slow.

Harvey said she had expected more negative responses from citizens and business owners.

“People seem pretty happy,” she said. “We get requests for [no smoking] signs … I’ve been waiting for a big response. There hasn’t been one.

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