There will be no more ash trays at the the city-owned Tega Cay Golf Course clubhouse bar.
City council members voted Monday night to outlaw smoking there, but they stopped short of an outright ban on lighting up in city-owned buildings. There was such a measure on the agenda, but while discussing a proposed ordinance, council members were divided over how far a city law should go.
State law already prohibits smoking in all city-owned buildings, but it allows municipalities to single out specific smoking sections if elected officials vote to allow it, which was the case with the clubhouse bar. Over the last year, residents led by members of the city's Vintage Club circulated a petition to prohibit smoking in the bar.
Dervay and Councilman George Sheppard wanted the ordinance to cover any enclosed building in the city that is open to the public, which includes businesses. Dervay argued since so few businesses still allow smoking anyway, the market was already deciding smoking shouldn't be allowed in public buildings. Such a law would give business owners additional cover to enforce the popular policy.
"I think we should bite the bullet and go for it," Sheppard said. Not everyone agreed.
"I don't think it's right for the government to tell a private business owner what he can and can't do in his own facility," Mayor Bob Runde countered.
"I agree with Bob," Councilman Les Conner said. "It isn't the government's place; If a business owner wants to allow it we shouldn't tell him otherwise."
Dervay argued that, "Government regulates private business all the time. That's what zoning laws are."
Councilman Larry Harper was against the ordinance altogether because of the state law already in place. He's also opposed to extending it to private businesses. He made the motion Monday night to change the smoking policy at the clubhouse bar. It was eventually approved unanimously and because it is a policy change, it does not require a new ordinance.
However, the proposed anti-smoking ordinance will likely return at the September meeting. Based on the council discussion, it might include provisions prohibiting the use of other tobacco products such as chewing tobacco in city-owned buildings and barring the use of tobacco products in city-owned vehicles.
Banning the use of smokeless tobacco products, and all tobacco products in vehicles, goes beyond the state law and will require an ordinance to enforce. Runde promised to schedule a public hearing on the ordinance if it receives first approval at September's meeting.