Restaurateurs Ask City to Snuff Out Ban on Smoking : Ventura: The group seeks reconsideration of the council’s preliminary approval. A final vote is scheduled Monday.

A group of restaurateurs are urging some Ventura City Council members to drop a smoking ban that received the council’s preliminary approval last month but comes up for a final vote on Monday.

Restaurateurs have been calling on some council members, asking them to reconsider their decision to outlaw smoking in all restaurants and businesses, with the exception of bars.

Under the plan tentatively adopted by the council Dec. 21, restaurants that have bar areas can allow smoking at the bar only if the bar is walled off from the restaurant and has a separate ventilation system. Patrons seated in patios or other outdoor tables would be permitted to smoke.

Restaurateurs oppose the ban, saying it would drive off customers and would be too costly to add the required walls and ventilation systems.

“I can’t afford to make those kind of changes,” said Michael Wagner, owner of Andria’s Seafood restaurant at Ventura Harbor. Wagner said about 40% of his customers smoke.

Nonsmoking advocates said they would be upset if the council backed away from its preliminary approval.

“I think we should pass the law,” said Dr. Theodore Hostetler, a pulmonary physician who spoke in favor of the ban last month. “It would be breaking a pledge to the community for a few.”

Restaurateurs have been circulating petitions against the smoking ban, and some have written letters to local newspapers objecting to it.

Earlier this week, a group of about 10 restaurateurs met with Mayor Tom Buford and Councilman Greg Carson to press their case.

Buford, an ex-smoker, said he has not changed his mind about the ban. But Carson said he was swayed by some of the restaurateurs’ arguments and may attempt to modify the ban Monday.

“This could be a costly endeavor for businesses,” Carson said. “They could build a wall and do everything that’s asked of them, but what’s to say that another council won’t come in two years later and ban smoking entirely?”

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The council voted 5 to 2 last month to adopt the ordinance, which would restrict smoking in virtually all businesses and restaurants, but allow it in outdoor seating areas. Councilmen Jim Monahan and Jack Tingstrom--staunch pro-business supporters--dissented, saying the law would be hard to enforce.

Other council members said they are more concerned about the hazards of secondhand smoke and have not heard any arguments from restaurateurs persuasive enough to swing their support to a less restrictive ban.

“It’s a public health issue,” Councilman Gary Tuttle said. “How can you change your mind on public health?”

Councilman Steve Bennett, who supported the ban, said he has received a few letters from residents opposed to the smoking ban, but has not changed his mind.

“I’m willing to listen to what they have to say Monday night,” Bennett said. “I haven’t finished listening.”

It would be considered unusual if council members Monday backed away from their previous decision, city staff said. The final vote on any ordinance is usually a formality and attracts little comment from the public.

When the ban was discussed last month, however, two restaurateurs showed up to speak against it. They were outnumbered by about a dozen nurses, physicians and other anti-smoking advocates who spoke in favor of the ban.

“It’s one of the busiest two weeks in the restaurant business,” said Brian Brennan, manager of the Chart House. “People celebrate a lot during the holidays and they go out. We heard about it at the last moment.”

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Brennan, who spoke against the ban when it was tentatively approved, said whether to ban smoking should be left to restaurateurs.

“It’s an encroachment into business,” Brennan said. “Don’t we have the option to decide what happens within our four walls?”

Yet some restaurateurs said they favor the ban.

Sandy Smith, owner of Rosarito Beach Cafe, said his waiters and waitresses are concerned about secondhand smoke, and patrons are required to light up in the outdoor seating area.

Steve Ponce, who owns the Ventura Spaghetti Company, said if he is required to declare his entire restaurant nonsmoking, he doubts he would run into trouble.

“I don’t feel that many people would come in and insist on smoking,” said Ponce, a smoker himself. “I don’t see what all the fuss is about.”

If the ban is given final approval Monday, it would be effective in April.