Mayor John Street may have signed a citywide smoking ban into law this month, but the issue is far from extinguished.
Serious questions remain regarding the enforcement of the bill and when it will officially take effect, leaving some area bar owners angry and confused.
Shane Zack, assistant general manager of Copabanana at 40th and Spruce streets, said that though he had not officially been notified of the ban, his bar has not allowed smoking since Street's announcement.
"I think it's beyond confusing," Zack said. "No one has any idea what's going on right now, which kind of makes the whole thing a joke. It's just a whole lot of ambiguity."
Street initially said that the ban would not be enforced immediately, but soon revoked that statement, announcing that the ban would start this week.
Now, it seems that actions from City Council may turn the decision on its head again.
Council's Public Health Committee has sent to the full Council an amendment to change the ban's effective date to Jan. 1.
The amendment will be up for a full Council vote within the next two weeks.
If passed, it would also make exemptions for small bars and private clubs permanent, add sidewalk cafes to the ban and change the requirement for exemption from the ban. Venues earning less than 20 percent of revenues from food sales would be exempt; now, those earning less than 10 percent are.
As it stands, the bill is one vote short of the nine-vote majority needed to pass. Street representatives have said that the current ban will remain in effect until Council can show it has the ninth vote to pass the amendment.
That vote may come from Councilwoman Jannie Blackwell, who has said she is open to passing the amendment and who represents Penn's district.
Blackwell said that she wants to talk to city tavern owners about the fairness of the amendment before making a decision.
"I'm going to see where the consensus is, and hopefully everyone will be on the same page and we can move forward," she said. "There are all kinds of concerns that I think the entire industry is going to discuss, and I'll be waiting to see how it's viewed." "
Zack said that because he has only learned information by word of mouth, he has been left in the dark as to what the actual guidelines are.
"It's a lot of hearsay, to be honest with you," he said. "I talk with other managers from other restaurants, so it's rather consistent [that no one knows the facts]. It's kind of like a schoolhouse where every rumor you hear the fines keep going up and up."
City officials have not responded to requests for comment on the issue.
The Department of Public Health has hired two inspectors and set up a complaint hotline to enforce the law.
That hotline can be reached at 215-685-7495.
Establishments that are caught permitting smoking will receive a warning letter for a first offense, followed by fines that will increase from $25 to $300 depending on the number of subsequent offenses.
