Smoking ban debate: Leveling playing field?
S.D. could join Nebraska, Iowa with statewide prohibition
By Dolly A. Butz | Posted: Monday, November 10, 2008
A smoker sits at a gaming machine Friday at Dakota Red’s Casino in North Sioux City, S.D. (Staff photo by Tim Hynds)
NORTH SIOUX CITY -- After a smoking ban went into effect at Iowa bars and restaurants in July, Beano and Sherry's Casino general manager Kimberly Luken said she saw an influx of smokers crossing the border to smoke at the North Sioux City casino on their lunch breaks.
Now, with similar legislation proposed in South Dakota, Luken worries business could be lost to Sioux City's Argosy Casino.
Unlike South Dakota's proposed legislation, Iowa exempts its casinos from the statewide smoking ban. A Nebraska statewide smoking ban, that will go into effect in summer 2009, outlaws smoking in bars, restaurants and most other work places.
"Sioux City is 10 minutes away. If they want to game and smoke they're gonna go over the border to game and smoke," Luken said.
On Thursday the South Dakota Tobacco-Free Kids Network launched a campaign to ban smoking in all South Dakota businesses -- including bars, casinos and motel rooms.
The ban, which is supported by 65 percent of South Dakotans, according to a survey, will be taken to the 2009 Legislature. State lawmakers have rejected such legislation in the past.
Current South Dakota state law prohibits smoking in most places of employment and indoor public areas, but makes exceptions for lodging, and businesses where alcohol is served or that are primarily used to sell tobacco or alcoholic beverages.
"It should be left up to the establishment," said John Nilges, owner of Miller Liquor Store, 101 Military Road, North Sioux City. Nilges said he will lose business if a smoking ban is passed.
Since the smoking ban was enacted in Iowa, Argosy general manager Kees Eder said the casino has not seen an increase in traffic from Sioux City restaurants and bars. If a smoking ban was enacted in South Dakota, however, Eder said he would expect to find more smokers who frequent North Sioux City casinos coming to the Argosy.
"There is enough evidence that creating a ban on smoking in casinos really affects the business," he said. "There's various states that are trying this. Atlantic City, at the moment, has rolled the ban back because of the impact."
Bob Roe, owner of Bob Roe's Point After, 2320 Transit Ave., Sioux City, thinks smoking legislation in Nebraska and South Dakota might help Sioux City bars and restaurants affected by the smoking ban, but said first the playing field needs to be leveled in the state of Iowa.
"Until Iowa gets it straightened out with the casinos being exempt, we're not operating on a level playing field," Roe said.
If South Dakota passes a smoking ban that includes casinos, Eder said he isn't sure whether Iowa lawmakers would reconsider the state's current law.
"I don't know if Iowa would want to re-think that because there's a lot of money involved in that," he said.
Roe, who thinks the smoking ban infringes on individuals' rights, said it is hard to say at this time whether he has lost customers due to the smoking ban.
Rebos Restaurant manager Dan Gilbert said he doesn't think a smoking ban in South Dakota would have much of an impact on the Fourth Street bar and restaurant.
"I think within the next year or two smoking is going to be banned pretty much anywhere inside," Gilbert said. "If not this year it's going to be next year."
Some smokers might not spend as much time at Rebos, as they did before the ban went into effect, according to Gilbert, but he said he doesn't think that the ban has driven away any customers who smoke.
"We always hope that people come here for our food and our establishment rather than whether they can smoke or not," he said.
Iowa's smoking ban
The law bans smoking in most public areas and workplaces, including bars and restaurants. Smoking is allowed on the gaming floors of casinos and in the Iowa Veterans Home in Marshalltown. Beer gardens and outdoor areas adjacent to bars are exempted also, but smoking will be prohibited in outdoor areas next to restaurants.
Business owners who violate the law may have to pay a $100 fine for the first offense, $200 for the second offense within a year and $500 for the third offense within a year. Individuals who violate the ban can be fined $50 for each offense.
Nebraska' smoking ban
The law goes into effect in June 2009 and outlaws smoking in bars, restaurants and most other workplaces, except for retail tobacco shops and places where smoking research is done. Hotel rooms are also exempted.
Business owners and individuals who fail to comply with the ban could be charged with a Class 5 misdemeanor on the first offense.
Now, with similar legislation proposed in South Dakota, Luken worries business could be lost to Sioux City's Argosy Casino.
Unlike South Dakota's proposed legislation, Iowa exempts its casinos from the statewide smoking ban. A Nebraska statewide smoking ban, that will go into effect in summer 2009, outlaws smoking in bars, restaurants and most other work places.
"Sioux City is 10 minutes away. If they want to game and smoke they're gonna go over the border to game and smoke," Luken said.
On Thursday the South Dakota Tobacco-Free Kids Network launched a campaign to ban smoking in all South Dakota businesses -- including bars, casinos and motel rooms.
The ban, which is supported by 65 percent of South Dakotans, according to a survey, will be taken to the 2009 Legislature. State lawmakers have rejected such legislation in the past.
Current South Dakota state law prohibits smoking in most places of employment and indoor public areas, but makes exceptions for lodging, and businesses where alcohol is served or that are primarily used to sell tobacco or alcoholic beverages.
"It should be left up to the establishment," said John Nilges, owner of Miller Liquor Store, 101 Military Road, North Sioux City. Nilges said he will lose business if a smoking ban is passed.
Since the smoking ban was enacted in Iowa, Argosy general manager Kees Eder said the casino has not seen an increase in traffic from Sioux City restaurants and bars. If a smoking ban was enacted in South Dakota, however, Eder said he would expect to find more smokers who frequent North Sioux City casinos coming to the Argosy.
"There is enough evidence that creating a ban on smoking in casinos really affects the business," he said. "There's various states that are trying this. Atlantic City, at the moment, has rolled the ban back because of the impact."
Bob Roe, owner of Bob Roe's Point After, 2320 Transit Ave., Sioux City, thinks smoking legislation in Nebraska and South Dakota might help Sioux City bars and restaurants affected by the smoking ban, but said first the playing field needs to be leveled in the state of Iowa.
"Until Iowa gets it straightened out with the casinos being exempt, we're not operating on a level playing field," Roe said.
If South Dakota passes a smoking ban that includes casinos, Eder said he isn't sure whether Iowa lawmakers would reconsider the state's current law.
"I don't know if Iowa would want to re-think that because there's a lot of money involved in that," he said.
Roe, who thinks the smoking ban infringes on individuals' rights, said it is hard to say at this time whether he has lost customers due to the smoking ban.
Rebos Restaurant manager Dan Gilbert said he doesn't think a smoking ban in South Dakota would have much of an impact on the Fourth Street bar and restaurant.
"I think within the next year or two smoking is going to be banned pretty much anywhere inside," Gilbert said. "If not this year it's going to be next year."
Some smokers might not spend as much time at Rebos, as they did before the ban went into effect, according to Gilbert, but he said he doesn't think that the ban has driven away any customers who smoke.
"We always hope that people come here for our food and our establishment rather than whether they can smoke or not," he said.
Iowa's smoking ban
The law bans smoking in most public areas and workplaces, including bars and restaurants. Smoking is allowed on the gaming floors of casinos and in the Iowa Veterans Home in Marshalltown. Beer gardens and outdoor areas adjacent to bars are exempted also, but smoking will be prohibited in outdoor areas next to restaurants.
Business owners who violate the law may have to pay a $100 fine for the first offense, $200 for the second offense within a year and $500 for the third offense within a year. Individuals who violate the ban can be fined $50 for each offense.
Nebraska' smoking ban
The law goes into effect in June 2009 and outlaws smoking in bars, restaurants and most other workplaces, except for retail tobacco shops and places where smoking research is done. Hotel rooms are also exempted.
Business owners and individuals who fail to comply with the ban could be charged with a Class 5 misdemeanor on the first offense.
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realistic wrote on Nov 10, 2008 11:07 PM:
Smarty wrote on Nov 10, 2008 1:11 PM:
I guess, if I can decipher your writing, your argument is supporting the ban.
EVERYTHING we take into our bodies is regulated by the government. And for safety's sake, it SHOULD be. The smoking ban is NOT a law against your rights. You have every right to go outside and commit suicide by sucking on a cancer stick. "
MeNOTYou wrote on Nov 10, 2008 12:58 PM:
Smoker712 wrote on Nov 10, 2008 12:53 PM:
ConcernedToo wrote on Nov 10, 2008 10:59 AM:
Invite the 12 year old neighbor kid over to show you how it works. "