City to begin enforcing smoking ban

Vandalia officials will hold a meeting next Monday afternoon to explain a city law that has been put on the books to address smoking and other activities that are “a menace to the health, safety or welfare of the public.”

That city law approved by the city council in January was drafted after police were called to a downtown bar for a report of nudity during a special promotion.

Vandalia Police Chief Larry Eason told the city council on Tuesday night that city officials saw this incident as a way to address such violations, and at the same time address enforcement of smoking in public places.

Prior to the passage of the new city ordinance, the city could revoke a liquor license when a violation occurred, but it could not seek a fine.

With the new city law, the city may take administrative action on a liquor license and seek a fine.

Eason told the council that the new ordinance is designed to address “smoking and other issues at bars.”

He said that with a law that prohibits smoking in bars and other public places, the city could now enforce that offense locally instead of going through procedures laid out by the state.

A state law that went into effect on Jan. 1, 2008, prohibits smoking in all public places, but many state’s attorneys throughout the state have been hesitant to prosecute offenders because of the wording of state statutes.

Eason said his department is willing to enforce the smoking ban, but feels that the state’s procedures are burdensome and expensive.

Currently, offenders of the law, and prosecution teams, must attend a hearing in Marion County.

Eason said the new law allows the city to handle those cases, as well as other cases related to the public’s welfare, through the local court system.

He told the council in January that local bar owners had told him that they had no problem with police enforcing the smoking ban, as long as they were consistent with all businesses.

Mayor Rick Gottman said that when he renewed liquor licenses at the end of June, he personally met with all bar owners, at which time he explained the city’s intent to begin enforcing the new law at the beginning of next month.

In addition to smoking and lewd activity, Gottman said, the city wants to address complaints of people having open containers of alcohol in non-approved public areas. He has received a number of complaints about individuals carrying alcohol from one bar to another.

The meeting on the new law will be held at 4:30 p.m. on Monday at city hall.