The city ordinance that banned smoking in Albuquerque's restaurants a year ago entered its second and final phase Friday, expanding the prohibition to bars within restaurants.
The second phase of the Albuquerque Clean Indoor Air Ordinance took effect July 3 and prohibits smoking in restaurant bars unless they are separately enclosed and ventilated to prevent the spread of second-hand smoke into dining areas. Restaurant bars that receive more than half of their revenue from alcohol sales are exempt from the ordinance.
"We are happy to declare that the naysayers were wrong and we've got the data to prove it," said Cynthia Serna, director of New Mexicans Concerned About Tobacco, in a news release. "The results that we unveiled today show that city revenues are increasing and business owners have had no problem implementing the ordinance."
According to the American Lung Association of New Mexico, 3,000 nonsmokers die annually from lung cancer caused by second-hand smoke. Smoke from the burning end of a cigarette holds more toxic chemicals than smoke inhaled by smokers, the association stated in a news release.
New Mexico Restaurant Association CEO Carol Wight has been a vocal opponent of the ban, fearing it would send Albuquerque's restaurant business to Corrales and Rio Rancho, where smoking is still permitted in many restaurants.
"We were skeptical (of phase one) and we remain skeptical as to how (phase two) helps business," Wight said.
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When it became clear most Albuquerque restaurants were choosing to ban smoking instead of building a separate smoking room, Wight said she focused her energy on exempting stand-alone bars and restaurant bars from the ordinance.
DeAnne Martinez, a manager at Denny's restaurant on Central Avenue, said phase one of the ordinance initially hurt business, but the restaurant's earlier profit averages have returned.
"It has kind of hurt with some of the college students," she said. "When they come in and study, of course they used to sit and smoke. Now they have to stop their studies, go have a cigarette and come in. But they're adjusting."
Martinez said travelers passing through Albuquerque are usually unaware of the smoking ban. She said she frequently sends potential customers who smoke to bars.
Kieth Roessler, a manager at Zinc Wine Bar & Bistro on Central Avenue, said the restaurant was designed and built with the smoking ban in mind. Zinc's restaurant and bar have separate entrances and ventilation systems.
"We planned ahead, and I personally hope smoking is banned all around, even in the bars," Roessler said. "I can't remember the last time I got a call that said 'Do you allow smoking in the dining room? Okay, no, we don't want to come there.' Usually it's the opposite."
To mark the law's one-year anniversary, New Mexicans Concerned About Tobacco, Mayor Martin Ch†vez and City Council President Michael Cadigan released economic and opinion poll data showing the ordinance has neither depressed profits nor seriously inconvenienced customers. The poll, conducted by Research & Polling Inc., sampled 140 medium-to-small-sized Albuquerque businesses. According to the survey, the ordinance has not affected 96 percent of businesses. Another 96 percent had no difficulty prohibiting smoking at the businesses.
Most business owners said a large majority of their customers are indifferent to the ban. Ninety-four percent reported their customers have not reacted to the ordinance, while 1 percent have reacted negatively, according to the poll.
According to analysis by New Mexicans Concerned About Tobacco, a coalition of medical groups, the ordinance seems to have made little or no impact on city revenue. Gross receipts in restaurants increased by 4.33 percent over the last fiscal year, the group said.
