Department
of Agriculture and Rural Development Director Jamie Clover Adams issued a
clarification of the state’s restaurant and bar smoking ban relative to patios
and outdoor seating areas; however, industry representatives expect little
change following the interpretation.
The
new language states that restaurants and bars with outdoor seating areas can
make these areas open to smoking as long as employees are not actively taking
orders, delivering food or beverage, or providing services such as removing
dirty dishes, etc. Further, the interpretation states that an establishment can
change the status of the area throughout the day.
For
example, a restaurant/bar with an outdoor seating area can have the area open
for food and beverage during the day, during which smoking is not permitted. At
night, the same area can be made open to smokers as long as service is not
being provided. The times have to be clearly posted by the establishment.
Further,
the interpretation states that customers can order and purchase food and/or
beverage inside and carry it to the outdoor area while during smoking hours;
however, again no employees can be providing service during that time.