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Bill to allow smoking in bars that serve food signed
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Gary Thompson/Las Vegas Review-Journal
Jim Minchey, owner of Five Star Tavern, talks Thursday about reopening the tavern's kitchen. Gov. Brian Sandoval on Friday signed Assembly Bill 571, which lifts provisions in state law that restrict food service in taverns that allow smoking. » Buy this photo
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LAS VEGAS REVIEW-JOURNAL
Updated: Jun. 17, 2011 | 4:21 p.m.
In 2006 Jimmy Minchey and his wife, Stephanie, bought a bar and grill that came with an elaborate, modern kitchen, a walk-in cooler and freezer and room for a full cook staff.
In 2011 they will get a chance to use all that equipment.
On Friday Gov. Brian Sandoval signed Assembly Bill 571, which was approved in the final moments of the 120-day state legislative session and lifts provisions in state law that restrict food service in taverns that allow smoking.
That means places like Five Star Tavern, one of three Minchey owns in the Las Vegas area, can revive full service kitchens that were dramatically scaled back or shuttered altogether after voters in 2006 approved a sweeping ban on smoking in restaurants, grocery stores, convenience marts and other public places.
When he bought Five Star, Minchey said, the North Las Vegas location on Simmons Street was doing as much as $30,000 in food sales per month.
That number fell by about 90 percent once he was forced to cut service staff and make other concessions to adhere to the smoking law, he said.
"For the amount of food we're now doing we could use a home refrigerator," said Minchey as he showed off the spacious, yet empty, kitchen.
Opponents of the bill characterized the signing as a major setback for public health, saying it would expose more Nevadans to second hand smoke and result in more smoking-related illnesses.
"We think it is a step backward," said Michael Hackett, a lobbyist for the Nevada Medical Association and the American Cancer Society. "And it is a step backward at a time when a lot of other states are moving in the opposite direction."
Hackett also criticized the bill for overturning provisions of a voter-approved law banning smoking in many places, including bars that serve food.
He cited a 2009 poll from the American Cancer Society's Cancer Action Network that showed 72 percent of residents supported the ban, including 23 percent who wanted it to be stronger.
That, Hackett said, shows Nevadans are more anti-smoking than they were in 2006.
"This goes against what Nevadans voted for," Hackett said.
Casino floors and alcohol-only bars were exempt from the 2006 restrictions but taverns with food, booze and gambling weren't, which forced owners to decide to discontinue food, ban smoking or cobble together partitions and new ventilation systems that separated smoke form the food.
Some, like the North Las Vegas Five Star, scaled back their menus, separated their kitchen from the dining area and cut food service staff.
The result was an awkward arrangement that allowed customers to order limited items and have the food brought to them by a kitchen worker, much like a to-go order.
Although it wasn't ideal, Minchey said the setup was a necessary compromise.
"To make the gaming revenue we had to maintain the smoking," Minchey said. "Cutting the food was the lesser of two evils."
Under AB571 taverns like Minchey's can resume restaurant services so long as no one under 21 is allowed on the property.
Minchey says it means that once he spends about $10,000 per location to get the kitchens ready and necessary permits in place he'll be able to hire about four to six employees and bring back more elaborate food choices and restaurant servers.
"Once the permit is issued that we can now handle food again, we'll be able to make offers to those employees immediately," he said.
AB571 passed the Assembly 23-19 and the Senate 13-8. It goes into effect immediately..
Contact reporter Benjamin Spillman at bspillman@reviewjournal.com or 702-477-3861.
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Libs that claim to be all about tolerance, yet have none. They want to take away the frreedoms of anyone they disagree with.
If a conservative doesn't like a smoking venue, they don't go. Liberals want it closed.
All these fools talk about their freedom as if it exist anymore. You are free to smoke almost anywhere yet the only place where you get told you can't are the places where I once again can't breath and eat a decent meal while watching a game. You are not concerned with your freedom but the ability to be selfish at the expence of other people's health. If you want to ruin yours I'm fine with that but not mine. Then I go home smelling as nasty as you all do and have to wash my cloths before I can even sit on my couch. Guess that's my freedom huh?
smokefreelynv,
All legitimate research in the peer reviewed sciences disagrees with you and shows the harm caused by second hand smoke but you, an anonymous poster on the web, know better. This makes you at best ignorant and more likely cognition free. See here for much more debunking of you: http://scholar.google.com/scholar?q=second+hand+smoke&hl=en&btnG=Search&as_sdt=1%2C29&as_sdtp=on
Congratulations Gov Sandoval This is a great day for Nevada, America, and Freedom. The dangers of second hand smoke are a fraud, based on hate,intolerance and junk science. The will of the people is MOB rule, which is NOT the American way. This will put many people back to work. Way to go.
What we know now...
People should stop smoking.
The NCIA was not a complete ban and was unfair across the board.
Serving alcohol without real food is dangerous.
Nevada citizens need to read these bills before voting.
Any voter approved bill can be changed after three years.
American lung ass., Cancer society, are also lobbyist groups and cannot be trusted with the information they give.
A UNR study?...propaganda as well.
Taverns WERE getting fined on downgrades from health departmentand further pressure from the NRA. Not the smoker.
Some taverns may remain non smoking. Their choice.
Big Gaming started this and they ended it. They get what they want and always will.
Hey Chancie, every tavern, up until now, have allowed people under 21. Some, like PT's, would allow under 21 until 8 or 9pm, then went to 21 and over after a certain time. Like I said earlier, give me a list of places that allow smoking and I can stay away. If you go to a place that doesn't allow smoking, do all of us non-smokers a favor and don't light up right outside the door, because I would hate to have my spit hit you.
If you do not like the smoking then go to a different tavern. It is still a free country. At least it is in Nevada.
Governor Brian: Thank you for voting for freedom. It will be a good 4th of July.
This was a no brainer. I don't smoke but you got to be a FOOL to think this ban was good for Las Vegas.
@ Glen.Vandermolen: You say, “Up goes the cost of Health Insurance.” I say, “If you don’t want second hand smoke inhalation, go somewhere else.” If you truly want lower Health costs, perhaps you should look into banning Sodomy, Homosexuality and “Domestic Partnership.” I remember a time not so long ago when my Insurance covered my Wife and 2 Children for less than $70 a month. Now, I’m paying a little over $440 for the same coverage. And the coverage of the “Vaginally and Penile Challenged” is a direct result of that. Promote Abstinence vs. Promiscuity in our schools. You’re walking up a hill, when you should be climbing Mount Everest. The time has come where smokers will need their own “Rosa Parks.” Light up in the middle of a non-smoking crowd and say, “I ain’t going anywhere!” Please, stop nipping at our heels and go bark in traffic.