Officials: Few violations of smoking ban
For the most part, the coast is clear.
Since the state smoking ban went into effect July 5, law enforcement officials in Rock and Walworth counties have received few reports of violations.
So far, police in Janesville, Edgerton, Milton, Delavan and Elkhorn have not issued a single citation for violation of the state smoking ban and have received no complaints about violations.
The Rock and Walworth County sheriff’s offices have had only a handful of issues. Walworth County Sheriff David Graves said his office received one complaint of a bar violating the law. The owner was issued a warning.
Rock County Sheriff’s Capt. Jude Maurer said his department has only received two complaints, but they were not clear violations.
One complaint about an area business was forwarded from state Assembly Speaker Mike Sheridan’s office on behalf of a constituent, but no violation was found.
The second complaint, which was forwarded by a Janesville Township official, regarded Three B’s Bar and Grill on Highway 14. The bar’s smoking pavilion is detached from the bar itself, but essentially is a garage.
The law prohibits smoking in an enclosed space, which is defined as a structure with a roof and at least three “substantial walls.” A substantial wall is defined as either a solid wall or one with openings that cover no more than 25 percent of the wall. Since the pavilion has garage doors that open when the pavilion is in use, authorities are unclear whether it is subject to the smoking ban as well.
Maurer said the sheriff’s office has placed calls to the state to clarify whether the pavilion violates the ordinance.
In the event a violation is reported at a local bar, law enforcement in both counties usually provide a warning to the bar owner. Only after repeated violations would officers issue a citation, which can range between $100 and $250.
But there are some nuanced differences between agencies.
In Edgerton, violations would be handled on a case-by-case basis and usually would address the person smoking first.
Rock County sheriff’s deputies, on the other hand, put most of the responsibility on bar owners. Only if there’s evidence that the bartender or owner did everything they could to prevent smoking in his or her business—including refusing to serve the patron—is the smoker held solely responsible.
Maurer said most businesses have done their best to comply with the law.
“We’ve had good relations with the owners in our area,” Maurer said. “They don’t want to be held accountable for the next review for their liquor license.”
State law says citations for a smoking ban violation cannot be used in any decision to revoke, renew or approve a businesses’ liquor license.
While law enforcement has had few problems with the ban, it has put some added strain on local bar owners.
Dan Ward, owner of The Sports Page in Elkhorn and president of the Walworth County Tavern League, said his sales have dropped 34 percent compared to last year. He said those sales are 21 percent lower than July 1997 and that he’s had two price increases since then.
“I hear people say that it’s because of recession, but so what?” Ward said. “We had a recession last year, too. Things weren’t this bad.”
Matt Schreier, owner of The Looking Glass in Janesville, said the ban has had little to no impact on his business. Schreier said he’s retained most of his patrons thanks in part to the bar’s smoking patio.
Schreier has had only one patron who lit a cigarette in his bar since the ban. As soon as the man realized what he’d done, he quickly ran outside with the cigarette, Schreier said.
Ward notified members of the Walworth County Tavern League to hold on to their sales figures so they can be used to sway the state to repeal or amend the law after the November elections. Both Republican gubernatorial candidates, Scott Walker and Mark Neumann, have pledged to repeal the smoking ban.
“If we can show them the very negative effect this has had on us, and how their tax revenue has fallen, we just might get some relief,” Ward said in his letter to league members. “We need to have the numbers to back our claim.”
Schreier doesn’t see much use in trying to fight the ban, but he does think his patrons should be the ones deciding whether the business is smoke-free, not the government.
Aug 25, 2010 at 8:06 p.m.
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I don't know what NCCC....'s comment refers to but I think it has something do with the fact that now just because smokers have to smoke outside they don't have the right to disturb the peace.
Aug 25, 2010 at 2:28 p.m.
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I don't have a problem with the smokers being loud outside the bar. As long as they keep their disgusting smoke outside I'm going to be supportive of them and whatever loudness or other stupidity they engage in.........
Aug 25, 2010 at 2:07 p.m.
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Ive noticed that the Janesville bars people all smoke outside now. There is a large increase in pot being smoked at bars now, no ones out there to monitor. On all the patios, fenced in areas, all secure from cops, and all you need is a lookout and its a pot smokers dream bar.
Aug 17, 2010 at 1:41 p.m.
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people that want to smoke and listen to music.the 3b's bar and grill has that awesome pavillion,the owner has done updates, paid his fees so he can keep his customers happy.but people are still whining,before it was the smoke,know it is the music he has each nite outside!! people stop the whining if you don't like it MOVE. iam sure that bar was there when you moved in.
Aug 17, 2010 at 1:03 p.m.
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Wow, I thought it would be enough to ban smoking in all establishments and now people are complaining about noise from people smoking outside! Are we ever happy people??
Aug 17, 2010 at 10:26 a.m.
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You who vote for do-gooders must now live with the resulting laws!
Aug 16, 2010 at 4:56 p.m.
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oops-pretty feeble.
Aug 16, 2010 at 4:55 p.m.
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NCC-no one is complaining about the smoking ban in bars. They are saying that obnoxious smokers OUTSIDE the bar are loud. Your "attempt" at twisting it around was prett feeble.
Aug 16, 2010 at 3:42 p.m.
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I got around the ban at my favorite bar and at WORK.
Go to Crown7.com and buy an e cig-you get nicotine without second hand smoke and it's legal indoors.
CASE CLOSED.
Aug 16, 2010 at 2:55 p.m.
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MarkTwain, get a grip on what the ban entails:
Repeated violations would rack up a lot of fines for the owners. Failure to pay those fines and continued violations would cause the owner to lose his license.
There'd be no difficulty with the police writing up citations. It's not like there'd be a logistics problem that makes arresting pot smokers a problem at big events.
In other words, don't expect bar owners to go along with your "civil disobedience."
Aug 16, 2010 at 1:33 p.m.
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What do you mean "complete mayhem?" Are you referring to the two comments posted before yours? Because those two are pointing out the noise level...which is one of the downsides of living near a bar.
Aug 16, 2010 at 1:11 p.m.
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Mark Twain.....If cigarette smoking only contributed to giving those who make the choice to smoke cancer, no one would have any issue with it. Hence the reason that cigarettes weren't completely banned--only banned in public places. Our government worked exactly as it was intended to--A vast majority of citizens wanted this to happen and the government made it so. NONE of the comparisons you gave make any sense, as those that engage in those only risk their own health--not the health of others around them.....
Aug 16, 2010 at 12:26 p.m.
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Now that the smoking ban is in place and there is less smoke, bar patrons could go weeks without taking showers.
Aug 16, 2010 at 11:35 a.m.
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I imagine many bar goers will quit smoking this winter. Or maybe the frostbite numbers will rise...
Aug 16, 2010 at 11:17 a.m.
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Here in Chicago, the only small neighborhood bars reported to the snitchlins are the ones who 86ed someone, even the bars that comply. No one is going to rat on their favorite local bar.
Aug 16, 2010 at 9:45 a.m.
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Just wait till it is too cold outside to stand in the snow and smoke... people will be more likely to stay home and drink with friends when they can smoke somewhere warm...
Aug 16, 2010 at 9:30 a.m.
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I found a bar in waukesha that you can smoke cigars in it is called the FINE ASH for any of you who smoke cigars.
Aug 16, 2010 at 9:01 a.m.
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This person who is saying he is lossing money because people can not smoke is full of it. He forgot to say how much his vidio games make??? and that is money under the table, Or he sold cig's at the bar and now he can't sell them out of a machine???? He could put in a patio for smokers and he will be back in the MONEY.
Aug 16, 2010 at 7:29 a.m.
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No, this is what happens when smokers disturb the peace.
Aug 16, 2010 at 6:30 a.m.
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This is what happens when our elected ones decide what is good for us. Complete mayhem... I STILL say we should have ALL been able to vote on this, not just a few people who think they are better than us because they were "elected". I can't stand big-headed people...
Aug 15, 2010 at 8:53 p.m.
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I feel your pain kirkone! I live across the river from Main Street, and every Friday and Saturday night I can hear them partying it up until bartime. Even with my windows closed.
Aug 15, 2010 at 5:11 p.m.
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I live 2 doors from a bar, there is nothing wrong with the bar except all the drunks spend most of their time partying outside while smoking and making noise till 2 am. while the neighborhood wants to rest.
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