RALEIGH, N.C. — Legislators in the country’s top tobacco-growing state have approved a smoking ban for restaurants and bars across North Carolina.The state House voted 62-56 on Wednesday to approve changes adopted in the state Senate.

Gov. Beverly Perdue has 10 days to sign the bill into law or veto it before it would become law without her signature. More than 30 states have already passed similar restrictions.

Perdue said in a statement released Wednesday that she will sign the bill.

“Today is an important and historic day for North Carolina – a day to applaud Rep. Hugh Holliman and Sen. William Purcell for protecting the health of North Carolinians,” she said. “I have vigorously supported efforts to reduce and eliminate smoking and this bill will help more North Carolina citizens avoid the dangers of secondhand smoke.”

The legislation was backed by health advocates and opposed by lawmakers from areas were tobacco-growing and cigarette factories are big employers.

Opponents including Republican Rep. David Lewis of rural Harnett County complained the ban took away the opportunity for restaurant and bar owners to decide how to run their businesses.

RALEIGH, N.C. — The North Carolina House has approved a bid to ban secondhand smoke from restaurants and other businesses where children are present.

Lawmakers in the country’s top tobacco-growing state voted 72-45 on Thursday to send the proposed limit on secondhand smoke to the state Senate, where top leaders said they expect the limited smoking ban to pass.

A broader proposal that would have banned smoking from all workplaces, including bars and restaurants, was changed Wednesday.

The measure now would ban smoking in businesses that employ or serve anyone under age 18, but not to most other businesses.

The already weak enforcement provisions survived efforts on Thursday to make fines for businesses that break the law even more rare.

RALEIGH, N.C.  – Gun supporters aiming to extend the right to carry concealed handguns into restaurants and parks where they are now banned had their hopes sidetracked.

A measure to allow concealed-carry permit holders to carry their gun while visiting city and county parks was postponed Thursday in a House Judiciary committee. The sponsor also wanted to include state parks.
 
Supporters also want to carry guns when eating in a restaurant that serves alcohol. A permit holder could lose that right for having a gun where alcohol is sold. That bill was sent to a subcommittee.

Opponents said driving-while-impaired laws show people still drink when they shouldn’t, and mixing gun rights with alcohol sales is a bad idea. Gun advocates said allowing pistols into more places might deter crime.

RALEIGH, N.C. – North Carolina voters want bar and restaurant owners to have the ability to set their own smoking policy according to a new poll released Thursday by Civitas Institute.

Rep. Hugh Holliman (D-Davidson) Wednesday reintroduced a bill (HB 2) identical to one that was defeated two years ago that would ban cigarette smoking in all bars, restaurants and enclosed workplaces.

According to the poll of 600 North Carolina voters, when asked if a bar or restaurant owner should be able to set their own smoking policy given that it is clearly posted at the entrance to the restaurant, 62 percent of voters voiced their support, while 34 percent opposed the proposal. Three percent were not sure.

“Rep. Holliman’s draconian ban leaves no exception for restaurant or bar owners to have the ability to set their own policy,” said Chris Hayes, senior legislative analyst for the Civitas Institute. “Voters clearly recognize that private businesses should be able to set their own policies for a legal activity, such as smoking, so long as the public is adequately informed before entering the establishment.”

A state policy banning smoking in bars and restaurants, but allowing them to “opt-in” and permit smoking so long as it is clearly advertised within the establishment was adopted two years ago in Virginia, but vetoed by Gov. Mark Warner.

“Providing an ‘opt-in’ provision for bars and restaurants would protect the interests of private businesses while allowing consumers to make an informed decision about which businesses to patronize,” Hayes added. “If left free from government intervention, ultimately, the market will set smoking policies in restaurants. As consumers demand more and more options for smoke-free establishments, businesses will respond in the way that best suits its bottom line.”

Full text of question:

“Would you support or oppose legislation allowing a restaurant, bar or tavern owner to decide their own smoking policy as long as the policy was clearly posted at the entrance to their business?”

Support – 62%
Oppose – 34%
Not Sure – 3% 

The Civitas Poll is the only monthly live-caller poll of critical issues and policies facing North Carolina. Complete results of the poll will be released at noon on Thursday, Jan. 29 at the Clarion Hotel in downtown Raleigh during the monthly poll luncheon hosted by Civitas.

The study of 600 registered voters was conducted January 19-22, 2009.  All respondents were part of a fully representative sample of registered voters in North Carolina.  For purposes of this study, voters we interviewed had to have voted in either the 2004, 2006 or 2008 general elections or were newly registered voters since 2008.

The confidence interval associated with a sample of this size is such that: 95 percent of the time, results from 600 interviews (registered voters) will be within +-4% of the “True Values.” True Values refer to the results obtained if it were possible to interview every person in North Carolina who had voted in either the 2004, 2006 or 2008 general elections or were newly registered voters since 2008.

By Josh Green
DURHAM, N.C. — On Wednesday morning, restaurant owner Gene DeVine put a new phrase up on his store sign outside

Under “Welcome Duke,” he spelled out three words: “No Food Tax.”

“Everything’s in a crisis. Our economy’s in a crisis. Taxes are skyrocketing,” said the owner of DeVines Sports Corner & Grill on Main Street in Durham. “If it’s the worst time to do anything, it’s now.”

At a news conference at his restaurant Wednesday morning, DeVine joined members of the Durham Citizens Against The Food Tax committee to speak out against the proposed tax. Through a referendum on the Nov. 4 ballot, Durham residents will decide whether or not the county can levy a 1 percent tax on prepared meals. That would include restaurants, banquets, catering and more.

Here’s how the county would use the money:

• 80 percent for civic and cultural projects, including recreation and trails
• 10 percent to market Durham and its amenities
• 5 percent for community cleanup
• 5 percent for workforce training

 “We’ve got a golden opportunity to give all the projects that we love and care about their own funding stream,” community activist Melvin Whitley said. “Now is the time we ought to do it.”

Supporters of the tax say the tax on prepared meals will make visitors share the expenses in developing and maintaining Durham’s “cultural and recreational attractions.” They say visitors will pay for about 40 percent of the revenue coming from the tax. That includes those who work here, but don’t live here.

“If people want a baseball museum, then people who go to the baseball museum need to pay for it,” said Dallas Woodhouse, Treasurer for the Durham Citizens Against The Food Tax. “None of these projects have to be built. We are not talking about putting up a fire station to save people’s lives.”

Supporters argue that the taxes would ease Durham residents’ burdens, including homeowners in the long run.

“In order to generate this much revenue through property taxes, you’d have to have a one-cent increase in the city property tax and a one-cent increase in the county property tax,” said Chuck Watts, co-chairman of the committee in charge of promoting the initiative, at a kickoff event two weeks ago. “Meaning city-dwellers would pay an additional two cents in property tax.”

But opponents say it’s not worth it.

“There have been who have been salivating over this tax for 17 years and the stuff hasn’t been built…and, as far as I can tell, Durham is functioning fine,” Woodhouse said. “The idea that we are going to build these things and we’re going to do these things and it is inevitable is simply a false argument.”

But others, like Whitley, believe it would be a worthwhile investment.

“We’ve gone from group to group to group to explain the benefits of this tax,” he said. “I spoke to a group this morning and – once they understood what it was about – they were for it.”

Paul Stone, President & CEO of the North Carolina Restaurant and Lodging Association, said it creates an unfair burden on restaurants.

“Why should one industry be targeted? Why not hardware stores? Gift shops? Grocery stores,” he said. “None of these folks are being asked to carry the weight on this.”

Wake County and Hillsborough both have the tax already. Whitley said some of those backing the failure of the tax are not even from Durham.

“When I go to Raleigh and spend money at a restaurant in Raleigh, I help pay for their facilities,” he said. “Now…Raleigh’s telling us that our facilities are unimportant.”

Woodhouse said residents shouldn’t be paying the tax at all.

“I think we ought to repeal it in Wake County,” he said. “You have a fundamentally different socio-economic make up in Wake County. This is a poorer population in Durham County. That is just a reality.”