Bill to allow smoking in bars that serve food signed

In 2006 Jimmy Minchey and his wife, Stephanie, bought a bar and grill that came with an elaborate, modern kitchen, a walk-in cooler and freezer and room for a full cook staff.

In 2011 they will get a chance to use all that equipment.

On Friday Gov. Brian Sandoval signed Assembly Bill 571, which was approved in the final moments of the 120-day state legislative session and lifts provisions in state law that restrict food service in taverns that allow smoking.

That means places like Five Star Tavern, one of three Minchey owns in the Las Vegas area, can revive full service kitchens that were dramatically scaled back or shuttered altogether after voters in 2006 approved a sweeping ban on smoking in restaurants, grocery stores, convenience marts and other public places.

When he bought Five Star, Minchey said, the North Las Vegas location on Simmons Street was doing as much as $30,000 in food sales per month.

That number fell by about 90 percent once he was forced to cut service staff and make other concessions to adhere to the smoking law, he said.

"For the amount of food we're now doing we could use a home refrigerator," said Minchey as he showed off the spacious, yet empty, kitchen.

Opponents of the bill characterized the signing as a major setback for public health, saying it would expose more Nevadans to second hand smoke and result in more smoking-related illnesses.

"We think it is a step backward," said Michael Hackett, a lobbyist for the Nevada Medical Association and the American Cancer Society. "And it is a step backward at a time when a lot of other states are moving in the opposite direction."

Hackett also criticized the bill for overturning provisions of a voter-approved law banning smoking in many places, including bars that serve food.

He cited a 2009 poll from the American Cancer Society's Cancer Action Network that showed 72 percent of residents supported the ban, including 23 percent who wanted it to be stronger.

That, Hackett said, shows Nevadans are more anti-smoking than they were in 2006.

"This goes against what Nevadans voted for," Hackett said.

Casino floors and alcohol-only bars were exempt from the 2006 restrictions but taverns with food, booze and gambling weren't, which forced owners to decide to discontinue food, ban smoking or cobble together partitions and new ventilation systems that separated smoke form the food.

Some, like the North Las Vegas Five Star, scaled back their menus, separated their kitchen from the dining area and cut food service staff.

The result was an awkward arrangement that allowed customers to order limited items and have the food brought to them by a kitchen worker, much like a to-go order.

Although it wasn't ideal, Minchey said the setup was a necessary compromise.

"To make the gaming revenue we had to maintain the smoking," Minchey said. "Cutting the food was the lesser of two evils."

Under AB571 taverns like Minchey's can resume restaurant services so long as no one under 21 is allowed on the property.

Minchey says it means that once he spends about $10,000 per location to get the kitchens ready and necessary permits in place he'll be able to hire about four to six employees and bring back more elaborate food choices and restaurant servers.

"Once the permit is issued that we can now handle food again, we'll be able to make offers to those employees immediately," he said.

AB571 passed the Assembly 23-19 and the Senate 13-8. It goes into effect immediately..

Contact reporter Benjamin Spillman at bspillman@reviewjournal.com or 702-477-3861.