A stricter state smoking ban could mean trouble for Baltimore City bar owners.
The state ban, set to be signed by Gov. Martin O?Malley next Thursday, has a three-year limit on financial hardship exemptions; the city law has none. Unfortunately for city bar owners seeking a long-term exemption from the ban, the state law is written so the state?s stricter provisions supersede the city?s.
“The city version has no limitations on hardship exemptions, but the state has a three-year sunset clause,” said City Council Vice President Robert Curran, who introduced the city ban.
“Whichever parts of each law are stricter prevails, meaning city bar owners are only eligible for a three- year exemption and are governed by the sunset clause of the state ban.”
The tighter restrictions were criticized by a lobbyist for city bar owners, who said many of his clients were hoping to take advantage of the city?s more liberal exemption clause.
“The exemption provided the one glimpse of hope that we had in the city to deal with economic loss that is going to affect bar owners. The state law blew that little light right out,” said Frank Boston III, a spokesman for the Baltimore City Licensed Beverage Association. “The state law recognizes the need for an exemption and then takes it away, which doesn?t make sense.”
City Health Commissioner Joshua Sharfstein said the state will now set the standards for exemptions.
“We won?t be setting the rules, but we will be reviewing the applications. I think the state law is excellent,” he said.
To streamline the implementation of the ban, Curran is introducing legislation at the council?s next session on May 21 to push back the effective date for the city?s ban.
“The state ban is effective Feb. 1, 2008, a month before the city ban takes effect,” Curran said. “My bill will give the city bill the same date.”
Curran thinks that in the long run, bars will not need hardship exemptions.
“Once bar owners realize that a smoking ban does not hurt business, I think the limitation on exemptions will be less of an issue,” he said.
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