By Stephanie A. Miller

Staff Writer

Exempting bingo parlors and certain access ways to public restrooms, the Midland City Council Tuesday passed a smoking ordinance patterned after Odessa's current one.

The ordinance will permit public establishments to be either all smoking, all non-smoking or allow for both smoking and non-smoking sections under specific guidelines.

Before voting, the council passed an exemption for state-licensed bingo parlors. The council also passed an amendment to allow for smoking in path ways to public restrooms located within smoking areas. The path ways needed an admendment because of their common area status.

The ordinance states other common areas, such as service lines, reception areas, public restrooms are to be non-smoking. Another exemption applies to retail tobacco stores generating more than 50 percent in tobacco sales.

Public smoking is outlawed in certain places, like theaters, schools, health care facilities, bowling alleys and retail establishments.

By a 5-to-2 vote, the ordinance was passed.

"I'm happier with the mix that we have put together than what we had before," Mayor Mike Canon said.

"We've given the restaurant owners options; we have provided the public with the opportunity to know what they're going into, and we've maintained to a reasonable degree the ability for the marketplace to function," Canon said.

Establishments with both smoking and non-smoking will be required to have separate ventilation systems and solid walls dividing the sections. Barriers and ventilation systems must be in place in these establishments by Jan. 1.

All establishments must have signs stating if smoking is permitted or not. Proprietors can choose "smoking," "no smoking" or "designated smoking areas" signs. By Sept. 1, signs must be in place, and places permitting smoking and non-smoking must have facilities for extinguishing smoking material.

Business owners and individuals violating the smoking regulations can face a $500 maximum fine. Business owners could be fined if they do not have appropriate signs, proper air barrier systems, do not provide facilities for extinguishing smoking material or do not have separate ventilation systems if they elect to be smoking or non-smoking establishments. A person can be fined for smoking in a designated non-smoking area.

At-large Councilman Wes Perry was concerned about the ordinance's enforcement. Perry said some business owners believe they currently are in compliance, when indeed they are not, but how will they be informed, he asked.

Perry said educating the public about the law, which is at its beginning stages, is one answer that could be followed through by the city's health department and code enforcement division.

District 2 Councilwoman Vicky Hailey and District 3 Councilman Scott Dufford voted against the ordinance. Both also voted against the ordinance April 12.

"I feel like the original ordinance serves its purpose and the new ordinance is being put in place at the expense of the small business man," said Hailey, the sole council member who opposed the amendments.

Dufford said he supported the amendments because he's in favor of as many exemptions as possible that would help small business owners.

Some Midland proprietors and representatives of Smoke-Free Midland and FreeMidland were among the crowd as the council hammered out details before voting on the ordinance.

Dr. Robert Vogel, Smoke-Free Midland's chairman, said he thinks the new ordinance will bring positive results.

"I think that the restaurants and bars, mainly because of economic reasons, are going to make a choice to go non-smoking," Vogel said. Smoke-Free Midland supported a citywide public smoking ban, which was defeated.

Scott Gunn, spokesman for FreeMidland, an advocate for business owners and individuals, forecasted a similar outcome.

"I think that the establishments that are all smoking will probably stay that way and the ones that are completely non-smoking will stay that way," Gunn said.

"The places that have both, with the possibility of facing thousands of dollars in additional expenses to be compliant with the ordinance, will most likely elect to become non-smoking."