The city of Branson released the third draft Monday of a proposed smoke-free ordinance. Among the major changes in the draft is that smoking would be allowed on outdoor patios.

Mayor Raeanne Presley had asked for the newest draft to be available to the public before the city's Sept. 23 board of aldermen meeting. The ordinance is not on the agenda for that meeting, but now that the newest draft is available to the public, members of the public will have a chance speak out about it, according to Presley. The plan now is for the ordinance to be voted on during the city's Oct. 14 meeting. It is possible that portions of the ordinance could be amended at that time. If approved, the ordinance would go up for a final vote Oct. 28.

The Branson Board of Aldermen recommended several changes to the smoke-free ordinance during a study session Thursday, Sept. 18.

At the session, Planning & Development Director Joel Hornickel introduced several items for the board to consider, based on feedback from the public.

Among the changes the board decided to make:

Smoking would be allowed on outdoor patios. Several aldermen were interested in simplifying the ordinance as much as possible to allow smoking outdoors, but not indoors. Previously, the ordinance would not have allowed smoking on patios where employees served customers.

Smoking would not be allowed within six feet, rather than 10 feet, of door or window. The aldermen also decided to specify that smoking can be allowed on decks and balconies, where a six-foot distance is not possible, as long as the door is closed.

To allow outdoor smoking at RV parks and campgrounds, but it will continue to not be allowed in common areas, such as swimming pools or a laundry.

Hotels can allow up to 20 percent of rooms to be designated as smoking rooms. The previous draft ordinance would not have allowed any smoking rooms at nightly rental hotels.

The ordnance would now clarify that each violation is a $25 fine. Previously, the ordinance only referred to city code that specified a fine of up to $500, which would have been the highest in the country for smoking.

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Branson releases revised draft of proposed smoke-free ordinance: Smoking to be allowed on outdoor patios

The Carleton on Argyle Street in downtown Halifax

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A proposed city by-law up for debate Tuesday afternoon could change the rules for patios in front of bars.

City staff are recommending bars get $5-million in liability insurance up from $2-million for the patios, matching the insurance needed for large city events outdoors. Also changing is the fee structure for patios which will go from a hazy square-footage-based system to an $800 flat rate, and the date when bars can set up patios moving two weeks from April 1 to April 15.

Mike Campbell, owner of the Carleton Music Bar and Grill on Argyle St said city staff are out of touch with the business community in Halifax.

The bureaucracy in the city has no clue does not understand the business conditions that were dealing with, he said. They probably dont even bother to go out.

Campbell said $5-million in liability is far more than necessary, will cost him thousands more in insurance fees every year, and likely up his deductible. The $2-million that every bar has now is more than enough, he said, and the city is just trying to cover itself.

Its just more money coming out of our pockets, and we dont have any as it is, he said.

One part of the by-law does give him some hope though. Campbell said he and other bar owners in Halifax could save money by leaving their patios up year-round.

The new by-law proposes council approve bars to have their patios out all year on a case-by-case basis.

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Proposed patio by-law would up insurance costs for business owners

Assemblymember MarikoYamada's Assembly Bill 1965, allowing dogs on restaurant patios, was signed by Gov. Jerry Brown last month. The bill will give restaurants the option to allow pet dogs in their outdoor seating areas under specified conditions unless a local ordinance determines otherwise.

"It will soon be legal to take your beagle with you to dinner," stated Assemblymember Yamada. "With Governor Brown's signature, restaurateurs in California will see more businesses catering to their customers and the canine companions they love. I wish everyone 'bone apptit'."

AB 1965 does not mandate that restaurants allow dogs on their patios, but makes the practice permissible as long as basic health standards and local ordinances are followed. Several Willits-area dining establishments have informally followed this rule for years.

Restaurant owners could make this decision without the threat of a citation or lawsuit, while protecting public health.

This law will become effective on Jan. 1, 2015.

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New California law allows dogs to dine on restaurant patio

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Small outdoor dining areas like this one at Stumpy's Pub in Rockford could soon be ruled out for smokers. That's because new rules being considered by the Illinois legislature could ban smoking outside in gardens and patios. It's a proposal one of the owners of Stumpy's Pub says would be bad for business.

"A lot of places have spent a lot of money on developing smoking areas and trying to go by the rules that they developed the first time for this. And, now once you spent tens of thousands or a hundred-thousand dollars on something like this, now all of a sudden they come in and they're going to change the rules on it," said JayGesner.

Senator Dave Syverson, 35th District,agrees and calls the new regulations unnecessary. "People like the idea that it's smoke free inrestaurants but they don't oppose the idea if someone wants to smoke outside and its worked. So why come in and change that and create hardship for smokers but also restaurants," said Senator Dave Syverson.

Syverson is urging fellow legislators on the rules committee to vote down what he calls an overreach by the governor.

"What we have is the governor and the health department trying to change a rule not a law but trying to change a rule that would ban smokers outside of restaurants even though it's following the law," said Syverson.

And, for the sake of his business and others like him- Gesner agrees.

"Every customer we lose we have to order less, we need less help, its just a chain affect on the whole economy."

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New Rules Could Ban Smoking In Gardens And Patios

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Lawmakers Consider New Smoking Restrictions on Bar Patios

Restrictions Considered for Bar Patios

ROCKFORD (WIFR) If youre a smoker, your outdoor experience may be changing if some lawmakers get their way.

The Illinois Department of Public Help is trying to rewrite the rules for what can be allowed on bar patios, beer gardens, decks, rooftops, or concession areas. Smokers will still be able to light up in those spots, but if the rules are changed, smokers will have to serve themselves. Servers and other employees wont be legally allowed to serve customers smoking in these areas. Some local bar owners fear the proposed changes would affect business and alienate a large portion of their customer base.

"Now you're going to have a lot of people that spent a lot of money to put in patios for smokers to go out there and smoke, as well as for other people to go out and enjoy the area, I think it'll have an impact on business. It'll hurt," said Pete Gwizdala with the Illinois Licensed Beverage Association.

The Department of Public Health says the rules are meant to follow the original intent of the Smoke-Free Illinois Act, although some local politicians who voted for the act, say these new rules go too far.

The rule changes are waiting on a vote downstate in the Joint Committee on Administrative Rules. Theyre a bipartisan group made up of equal amount democratic and republican state senators and representatives.

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Lawmakers Consider New Smoking Restrictions on Bar Patios

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Todays lesson is this: Sometimes more space is not better space.

James Kuan knows it well. Before moving to the midcentury perfect Lamplighter condo tower in Seattle, Kuan lived nearby, loitering there until a spot in the Lamplighter (with its sparkling swimming pool and garden patios) became available: Theres still one person here with no cellphone, so thats why we still have the buzz box.

Patience rewarded, Kuan snagged a 1,000-square-foot unit before it even hit the market. Didnt much matter about the shag carpeting, sea-foam-green walls and shuttered closet doors. Kuan was in.

Theres not a lot of midcentury on Capitol Hill, Kuan says. A friend of mine said, What are you buying? I said, Dont worry, its got good bones. I took enough art in high school to know that it had harmony in the spaces.

Upon moving in, Kuan, now a doctor who knows about bones, did a quick five-day refresh: tearing out the floor for Marmoleum, painting the place white.

The home improvements, however, did not make it a home improved.

I just always remembered what Eames said, that furniture shouldnt be in the way; there should be traffic flow.

And Kuan wanted to go with that, the flow.

How Prentis describes it is its kind of like coming into a cave and then it opens up, Kuan says of his designer, Prentis Hale, of SHED Architecture and Design.

It certainly does, right up to the newly opened kitchen-dining-living area, 30-foot-wide deck and all that lies beyond, a Seattles-best view of the Space Needle, EMP, downtown and mountains beyond.

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When kept simple, condo design shines