Bill to ease smoking restrictions advances

By Cy Ryan

Wednesday, April 8, 2009 | 12:57 p.m.

CARSON CITY – A bill that would relax the anti-smoking initiative petition approved by voters was passed by the Senate Judiciary Committee today.

The bill, which now goes to the floor of the Senate, would permit smoking in stand-alone bars that sell food and have either a non-restricted or a restricted gambling license.

The committee rejected a suggestion that smoking be permitted in places of employment if there is an enclosed area that substantially prevents the smoke from infiltrating other areas.

The courts might also have a say in the future of the indoor smoking ban.

The Nevada Supreme Court heard arguments this month on whether the initiative petition approved by the voters in November 2006 is constitutional. A district judge upheld the petition but ruled that criminal penalties could not be imposed.

A suit has been filed in the Supreme Court to prevent the Legislature from considering any changes in the initiative petition. It argues the Nevada Constitution prohibits the Legislature from changing an initiative petition until three years after voter approval. But the bill doesn’t take effect until December this year.

Pushing to ease the law, tavern owners and casino executives told the committee they have lost up to 25 percent of their business since the enactment of the initiative petition. Opponents countered by noting the downturn in the economy and that the decline in business is not attributed to the smoking ban.

Senate Bill 372, as fashioned by the committee, permits smoking at conventions or trade shows involving tobacco products. The Las Vegas Convention and Business Authority testified it lost two conventions involving tobacco products because of the initiative petition.

Sen. Maurice Washington, R-Sparks, said he was “uncomfortable” with the bill because it might mean that slot machine arcades attached to grocery stores would be closed. He said a lot of money has been spent in putting in these areas.

But Sen. Mark Amodei, R-Carson City, said these arcades are not affected. And there will still be no smoking in child care facilities, movie theatres, video arcades, government buildings and all indoor areas of restaurants.

The committee also intends to add a fine to the law that would be imposed on the owner of a stand-alone bar that permits anyone under 21 on the premises.

The committee made it clear that it wants to allow the health districts in Clark and Washoe counties and Carson City to enforce the regulations. The state health officer would be responsible for policing the rest of the rural counties.

The vote to approve the bill was 6-1 with Sen. Valerie Wiener, D-Las Vegas, opposing it.

Washington said he may offer amendments when the bill reaches the floor of the Senate, probably sometime next week.