Kansas City, Kan., businesses pay to opt out of smoking ban

? It’s hard to tell there is a smoking ban in Kansas City, Kan., because many businesses have paid for an exemption.

The owners of 69 businesses, bars and restaurants have paid a $250 fee to continue to allow smoking in their establishments.

The smoking ban began in February, but provides for the exemption fee through 2011.

Exempted bars include some of the city’s most popular spots, such as Sammy’s Tavern, Johnny’s Sports Bar and some restaurants at the Legends shopping area near the Kansas Speedway.

The business license department of the Unified Government of Wyandotte County and Kansas City, Kan., said 50 of the 316 restaurant and bars in the city have bought exemptions. Caterers, snack bars and fast-food restaurants are included in that number.

Some businesses that don’t serve food or alcohol also bought exemptions. They include Cross-Lines Retirement Center and Strasser True Value Hardware.

Strasser’s general manager, LeRoy Andrews, said he wanted to keep a smoking room because he doesn’t want employees standing in front of the building to smoke.

“I see it all over,” he said. “It looks bad.”

Some smoking ban supporters worry that the popularity of the exemptions seems to be creating momentum to continue them beyond 2011.

“When you look at Wyandotte County, 69 businesses is pretty significant,” said Theresa Ruiz, regional government relations director for the American Cancer Society in Kansas City. “It’s just the beginning. As more and more of them get approved, it opens up opportunities for loopholes.”

The owner of Sammy’s said she felt as if she had to purchase an exemption because the city’s ordinance exempted casinos and private clubs.

“I think it’s terribly inequitable,” Joni Bocelewatz said. “If smoking is bad, then it’s bad for everyone, including those in private clubs and casinos.”

One business choosing to participate in the smoking ban is Breit’s Stein and Deli. Bob Breitenstein said smokers have the option of taking their drinks and cigarettes to a patio behind his building.