Smoking ban leaves residents burning with questions

The McAllen City Commission’s vote on Monday to institute a smoking ban in restaurants and bars beginning in October has left many area residents with questions. Following are answers to some of the most obvious to ask:

Q: Are there any places where people can smoke?

A: Smoking will be allowed in designated areas inside businesses, as long as there are also areas designated for no smoking. Smoking also will be allowed in bars, nightclubs and other public places where there is a designated area. People can also smoke if they are outside and at least 25 feet away from any entrance to a public place, athletic field or other venue.

Q: How will the city enforce this?

A: According to the ordinance, the McAllen Health Department, Building Inspection Department, Fire Department and Police Department will enforce the law. McAllen Police Chief Victor Rodriguez said the law is like any other code enforcement. If the department learns of a violation, it can issue a citation. Deputy City Attorney Ignacio Perez said that while complaints may trigger many code enforcements, the city can also enforce the law through the regular building inspection process. Businesses that require permits to operate have to comply with the law to receive those permits.

Q: How are businesses expected to enforce these laws?

A: Businesses are supposed to make sure their patrons and employees comply with the law, whether it’s asking someone to stop smoking or removing someone from the business if he or she refuses not to comply. Owners, managers, operators or other people in charge of a building who do not enforce the law are subject to prosecution in municipal court.

Q: What happens if a violation occurs?

A: According to the ordinance, a person or business that violates the law will be fined up to $100 for the first offense, up to $200 for a second offense within a year of the first violation and up to $500 for each additional offense.

Q: How will this affect businesses?

A: J.D. McDowell, president of the Upper Valley Restaurant Association, said it’s not certain how this will affect restaurants’ business. Having the ordinance include other public places helps, because it “keeps us on an even playing field,” McDowell said. If the Texas Legislature approves a statewide smoking ban in public places, then all cities would have to ban smoking in public places.