Bill that would loosen smoking restrictions dies

By Cy Ryan

Friday, May 15, 2009 | 12:26 p.m.

CARSON CITY – A bill to allow taverns that permit smoking to also serve food has died in the Assembly Judiciary Committee without a vote.

This is the final day for committees to process bills and Committee Chairman Bernie Anderson, D-Sparks, asked his members if they wanted to bring up any bill for a vote. None suggested a vote on Senate Bill 372 to amend Nevada’s Clean Air Act.

“There was no appetite for it,” said Anderson. He said committee members felt uncomfortable with sections of the bill and the feeling wasn't partisan.

Assemblyman Mark Manendo, D-Las Vegas, said after the meeting that only one of many calls and e-mails was in support of the measure. It had passed the Senate by a 14-5 vote.

James Wadhams, a lobbyist for Golden Gaming with taverns in Nevada, said he thought there were the necessary eight votes to get it out of committee.

Wadhams, in testimony before the committee, said customers in a smoking bar can order out for a pizza or other food or bring food in to eat. But the bars are prohibited from serving food.

Tavern owners have testified they lost 25 percent of their business after voters in 2006 voted for the Clean Air Act to ban food service in taverns that permit smoking.

Steve Arcana, chief operation officer of Golden Gaming, which has 42 locations in Nevada, said there was a “severe decline” in business. And 60 employees were affected

But Nancy York of the school of nursing at UNLV told the Judiciary Committee the passage of the act did not have an impact on business. She said a preliminary analysis of a study showed the business in bars was declining before the ban went into effect.

The bar business, she said, paralleled the decline in the general economy. And health officials testified against the bill, warning of the dangers of second-hand smoke.

The bill also would have permitted smoking in a convention hall where the meeting is devoted to tobacco and the session is not open to the public. The Las Vegas Convention and Visitors Authority testified earlier it had lost two conventions because of the smoking prohibition.