Dane Gibson
Northern News Services

Yellowknife (Mar 31/00) - All businesses who serve the public, City Hall and both arenas, taxi cabs and health care clinics will be completely smoke free April 1, thanks to the implementation of a new smoking bylaw.

At a glance Under Yellowknife's new smoking bylaw, smoking will be completely prohibited in the following areas: - All city facilities including City Hall, Gerry Murphy and Yellowknife Community Arenas - All service businesses where clients are served (examples include hair salons, travel agencies, lawyer's offices, dry cleaners) - Taxi cabs - All concourse areas in shopping malls - As of April 1, 2000, the required non-smoking area in restaurants and licensed dining rooms will increase from 30 per cent to 50 per cent. The bylaw also provides for a complete phase out of smoking in restaurants and licensed dining rooms. A 75 per cent ban will be imposed on Jan 1, 2002 and a 100 per cent ban will follow Jan 1, 2005. - Licensed club rooms such as the Legion, Elks, Golf Club and the Curling Club, and private recreational facilities such as the Racquet Club, Polar Bowl and Side Pocket will also be required to go 50 per cent non-smoking April 1, 2000. The non-licensed portions of the Curling Club, Elks Hall and Racquet Club must be smoke free effective April 1, 2000. The only exceptions to this rule is if persons under the age of 19 are prohibited from entering the premises at all times.

Also, non-smoking areas in restaurants and licensed dining rooms will increase from the required 30 per cent to 50 per cent. Bars and pubs are exempt because no-one under the age of 19 are allowed on the premises.

City clerk Tim Mercer said bylaw officers have been instructed to issue warnings to those who don't comply with the law until people get familiar with the new regulations.

"The city is going to be actively enforcing the bylaw," said Mercer.

"What that means is where we see an infraction occur, tickets will be issued."

Any corporation found guilty of contravening the bylaw will face fines of up to $250. A person found guilty can be fined $100.

Mercer said they are confident people will voluntarily comply with the new regulations so no new staff will be hired to enforce the changes.

Organizations such as the Royal Canadian Legion Branch 164 and the Yellowknife Elks Club are up in arms over the new law because they've been categorized "public places" where persons under the age of 19 are allowed to be.

Royal Canadian Legion Branch 164 president Glen Clouston said their bingo hall is licensed so smoking will be allowed -- but under their club rules 75 per cent of the room is currently designated a smoking area.

It now has to be 50 per cent non-smoking -- which he says is ridiculous because everyone is sitting shoulder-to-shoulder in the same room anyway.

Clouston said they asked to be exempted from the bylaw because they are a private club and hold private functions but their request was given "no consideration."

To comply with the bylaw, they are now considering changing their constitution to ban anyone under the age of 19 from attending club functions -- something they don't want to do.

"This bylaw represents too much government. We are a private club and we make the rules here," said Clouston.

"It's not reasonable or fair. I can see people staying away from functions because of the restrictive smoking measures the city is forcing on us."

Yellowknife Elks Club manager Dave Hurley said they hold private functions for sports groups, cadets and a host of others. If there are only adults attending, no problem, but often the functions are for youth orientated groups. Instead of enforcing the new bylaw based on the age requirement, they decided to go completely non-smoking.

Their bingo hall is not licensed so now smoking will not be allowed at all.

"You can never please everyone and there will be people who won't appreciate it but we have to comply with the bylaw -- we have no option," said Hurley.

"A 100 per cent (smoking) ban has been implemented here and at first, some people may not choose to come but as a whole, we're not worried. They will come back."

The new smoking bylaw also calls for a complete phase-out of smoking in restaurants and licensed dining rooms by Jan. 1, 2005.

The Diner, an eating spot that caters to a smoking clientele, circulated a petition against the bylaw but it didn't do any good. On Saturday, 50 per cent of the restaurant must be designated non-smoking.

"We'll lose business because our smoking section will be full and our non-smoking section will be essentially empty," said Diner manager Slyvia Kimmerle.

"Obviously this is unfair because the majority of our clients are smokers."