53°

The Juneau Assembly introduced an ordinance Monday closing gaps in the smoking ban that officials claim keep the city from fully enforcing the law.

If adopted at the next Assembly meeting, the new code would define a "bar" as any business, other than a restaurant, licensed by the state to sell alcoholic drinks. It is currently defined by type of liquor license.

The proposed ordinance continues to ban smoking in previously regulated locations, adds clarifying details and expands banned areas to include outdoor seating at restaurants and coffee shops. It would also rename the Smoking in Public Places Ordinance.

The citywide smoking ban pertaining to bars went into effect on Jan. 2.

The Assembly recently directed City Attorney John Hartle to redraft the law following claims by owners of the Eagles Club that it did not apply to them because it failed to mention the "club" liquor license they held.

Bar owner Ethan Billings testified that the financial impact of the ban on bars was a 20 percent to 50 percent reduction in gross sales. He said bars following the law were losing business to bars that still allow smoking.

The city chose not to investigate complaints of smoking or level fines against the fraternal organization after determining the ban did not "capture" the Eagles' situation.

Bar owner Leeann Thomas said the city's claim of unanticipated loopholes was insulting. The so-called loopholes were brought to the city's attention in past years and again last May and September. The mayor, Hartle and representatives of the various clubs were there, she said.

Hartle told the police not to respond to complaints at the Eagles Club because he couldn't support any ticket written under the current law.

Mayor Bruce Botelho said the previous city attorney wrote the ordinance and might have intentionally left the club license definition out to help the Eagles Club in their quest to remain smoker friendly.

"The city has not done their job," Thomas said.

The new draft removes language that may have exempted nonprofit bars like the Eagles Club. It also redefines "enclosed area," "employer" and "employee" to better explain were smoking is and is not prohibited.

A previous exemption allowed smoking in rented halls, restaurants and clubs if the function was invitation-only with a list compiled three days in advance. It was removed from the new ordinance completely.

Violators face fines from $50 to $300.