For a short time this winter, the Philadelphia smoking ban might be stubbed out.
Philadelphia City Council recently passed an amendment to the original smoking ban that includes a provision changing the effective date to Jan. 8
And if Mayor John Street signs the bill on or before Dec. 14, as expected, there will be a three-week window during which smoking in Philadelphia's bars and restaurants may once again be the status quo.
Health Commissioner spokesman Jeff Moran confirmed that the ban wouldn't "be enforced during the gap period," though the city Health Commission has said they want bars to voluntarily enforce the ban in the interim.
"We'll still enforce it," Smokey Joe's owner Paul Ryan said. "Everyone's used to it by now. We'll continue to have the ashtrays at the door, and people will smoke outside."
The new law also prohibits smoking at sidewalk cafes and allows small taverns that receive less than 20 percent (up from 10 percent) of their revenue from food sales to receive a permanent exemption. The exemption in the original bill is temporary.
Councilman Frank Dicicco headed the movement for the amendment, and, according to spokesperson Brian Abernathy, Dicicco hopes the changes will help small pubs stay afloat.
"Our job is not to put anybody [out] of business," Abernathy said, "but the smoking ban clearly has its health benefits, and it's strengthened by now including outdoor cafes."
Taverns will have 90 days after Jan. 8 to apply for an exemption. Qualification will be dependent upon detailed financial records.
As for Penn's local establishments, the exemptions will not apply, though all of the uncertainty and constant changes surrounding the bill have left many bar owners perplexed.
"The administration? It's a joke," Ryan, the owner of Smokey Joe's, said. "It's ridiculous. I've received no letter, no contact from anybody in the city. If I didn't watch TV, I wouldn't know what was going on. I wouldn't know that there was a ban.
Nathan Brooks, a bartender at Copabanana, added that business at Copbanana has gone down since the existing law went into effect but has since improved.
"People aren't as scared as they used to be," Brooks said. "but we still get people who forget and ask us for an ashtray."
