mchen@heraldsun.com; 419-6636
DURHAM -- At least one bar in Durham is still allowing patrons to smoke after the statewide ban went into effect Saturday, and the owner of a nearby establishment isn't too happy about it.
Brailie's Sports Bar, a membership-only bar off N.C. 55 in southern Durham, has allowed smoking since it opened about two years ago. An employee confirmed that it is still allowing smoking this week.
"Most everyone that comes in does smoke," said bartender Tony Chapin.
Dan Richardson, owner of Sunset Grille along Fayetteville Road, said Brailie's is doing so in disregard of the ban and has the potential to draw away some of his customers. Sunset Grille allowed smoking until the Jan. 2 statewide smoking ban went into effect.
"I just wish it would be a level playing field," he said.
Richardson has notified the Durham County Public Health Department, the department enforcing the ban, of smoking being allowed at Brailie's.
Gayle Harris, director of the Durham Public Health Department, said Brailie's is the only business the agency has received a complaint about thus far.
Following the complaint, the department could send educational materials to Brailie's on two occasions and then send two written notices before fining the establishment $200 a day.
Although sending educational materials was not outlined in the actual legislation, Harris said the department has been directed by the state to take the two extra steps.
"This is so new and given the resources we have available, I can't say that every complaint that's followed up will be issued a violation or how quickly we'll get back out to check on the status of the complaint," Harris said. "But we will do our very best."
Harris said she does not know the length of time it would take for a business to go from the initial complaint to being fined. Each additional step to notify and fine businesses are taken only after other complaints are called in.
Richardson said that when he spoke to a staff member of the environmental division of the Health Department, he was told that it could take "a while" for a business to be fined.
"At this point, I don't think it's working out so well considering that they aren't very prepared to deal with the person who says, 'Well, I'm not going to [follow the ban],'" he said.
When asked whether her bar will still allow smoking going forward, Brailie's owner Leslie Crabtree replied: "I'm not going to break the law."
Crabtree said later that she will need to consult with her attorney on the issue. In general, however, she is not in favor of the ban.
"I don't agree with a government that comes into a private club with members and says, 'Hey, your members cannot smoke,'" Crabtree said. "If somebody comes to Brailie's that's used to smoking and they're a smoker, that's fine. If somebody doesn't want to smoke, don't come.
"Let the bars decide whether they want to be a smoking bar or a nonsmoking bar. Let it be like the liquor license and let us spend $1,000 a year and have a smoking license," she added.
Under the new law, tobacco shops, cigar bars and private clubs are exempted from the ban -- private clubs defined as establishments that maintain selective members, do not serve food to nonmembers and are nonprofits or otherwise exempted from federal income tax.
