Springfield smoking ban creates some unintended consequences

SPRINGFIELD, Mo. -- One restaurant has laid off three employees since a smoking ban took effect because diners who used to gather in the morning to smoke, eat and gossip before going to work have gone elsewhere.

Across town, a bar is thinking about adding breakfast to its small menu in hopes of capturing those who enjoy a cigarette with their food.

Meanwhile, the owner of Ziggie's Cafe has been trying to keep his smoking diners loyal by opening the aptly named Ciggie's across the street.

It seems increasingly clear that a Springfield law aimed at protecting diners against second-hand smoke is reaching into other aspects of life for business owners.

The concerns -- which range from financial to personal inconvenience -- have the Springfield City Council rethinking the law, which took effect July 7.

"This has not been an easy issue for the council," Mayor Tom Carlson said after hearing from several owners of mom-and-pop diners at a council meeting. "It's not easy to do anything and not create problems in some way or another."

Springfield and Maryville are the only two cities in the state to enact restaurant smoking ordinances.

In northwest Missouri, Maryville city leaders chose to ban smoking in all restaurants. The law excludes bars if liquor represents 60 percent of gross revenues.

There have been no complaints since it went into effect June 9, Maryville city manager Matt Chesnut said.

"Everybody has to follow it," he said. "We had a few small restaurants tell us that it was going to put them out of business. But as far as I know, they're still open."

City leaders in Springfield also were concerned about the effects on small business. Their law includes an exemption for restaurants with fewer than 50 seats. It also exempts businesses where liquor represents 50 percent of profits, or if yearly liquor sales total $200,000. Restaurants that sell liquor can allow smoking in separate, ventilated areas.

Those exemptions created a disadvantage for some restaurants, said Jim Dillard, co-owner of Cedars Restaurant.

Business at his northside restaurant is down about 40 percent, he said. Particularly hard hit is his breakfast shift -- where 89-cent cups of coffee and $2.75 for two eggs, hash browns, biscuits and gravy drew a regular crowd of construction workers.

"On any given morning, I could walk out here at 8 a.m. and check the register and there would be between $250 and $275 in it," Dillard said. "I check it this morning, and it had $190."

Dillard has laid off two cooks and a waitress, and he was cutting hours for others at the 130-seat restaurant.

"I'm a reasonable person, and all I am asking for is a level playing field," said Dillard, who does not smoke. "I don't think it's fair that a bar or a bowling alley can allow smoking. Any place that serves food should have to follow the same rules."

Dennis' Place, a bar that opens at 7 a.m., has talked about offering breakfast to boost business, said Craig Renshaw, kitchen manager. It currently only offers deli sandwiches and deep-fried foods.

"We've definitely talked about it, but we haven't made any decision," Renshaw said.

Council members did not anticipate restaurants being forced out of business because they were abandoned by smoking customers, Carlson said.

He has suggested the council might be able to amend the ordinance to exempt restaurants that can document a minimum loss of 30 percent or 40 percent of business. The loss would have to be verified by sales tax records.

At least one restaurant owner who invested $30,000 and committed to a three-year lease on a second restaurant for smokers then would be in a quandary.

Agim Zendeli opened Ciggies on June 30 across the street from his popular 144-seat Ziggies Cafe. His goal for opening the 49-seat restaurant was to avoid losing smokers, which he estimates makeup about a quarter of his business.

"We're not overwhelming busy, but it's steady," Zendeli said of the new restaurants, where the menu resembles a book of matches.

If the city eliminates the exemptions, Zendeli said he would be among those who would be hurt.

"We're only four weeks into it, and all the sudden they decide to change it. I think they should give it more time," Zendeli said.