Council delays vote on indoor smoking ban for Nashville businesses serving ages 21 and up

Debate continues over the future of Nashville bars that allow patrons to smoke indoors.

Metro Council delayed its vote Tuesday on a bill that would prohibit smoking and vaping in businesses limited to ages 21 and older.

Councilmembers deferred the bill to allow consideration of carve-outs for certain businesses, particularly those in the new hemp-focused vapor bar industry. It will appear before the council again on Oct. 4 for its second of three readings. The bill cannot be changed after it passes its second reading.

Smoking indoors has been illegal in most establishments in Tennessee since the passage of the Non-Smokers Protection Act in 2007, with included an exception for some businesses restricted to ages 21 and up. A new state law allowing local governments to regulate smoking and vaping in those venues went into effect in July.

The Metro Health Department does not have an exact count of the businesses that still allow smoking indoors.

"This is about protecting our hospitality workers and musicians that create economic impact for the city," Council member Jeff Syracuse, the bill's sponsor, said.

Nashville Mayor John Cooper publicized his support for the bill on Twitter Tuesday, calling for a "smoke-free workplace" for all.

The state law granting local regulatory authority exempts cigar bars and tobacco or vapor retail stores where the largest category of sales is tobacco or vape products and accessories. The council approved an amendment to the bill Tuesday that would also exempt hookah bars as "cultural establishments."

But those exceptions aren't enough, some councilmembers and business owners argued.

Council member Freddie O'Connell said the bill has "unintended consequences" for vape bars that offer legal cannabinoids, or compounds found in cannabis plants. Buds and Brews, a hemp-focused restaurant and vape shop, falls in the crosshairs of the proposed ban, he said.

Buds and Brews co-owner Joey Fuson said the business, which launched this summer, is similar to a cigar bar. Customers come to the business for the experience, which includes vaping inside the shop.

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"The entire anti-vaping, anti-smoking bill originated from musicians claiming that they wanted to work in a smoke-free environment," Fuson said. "I'm not aware of any of the (businesses) that are being impacted by this that have musicians that play and make a living performing at Santa's Pub or Joe's Place or vape shops or any of those."

An amendment sponsored by O'Connell that would have carved out vapor bars was blocked from discussion Tuesday. Without an exception, O'Connell said Buds and Brews' fledgling business model would be at risk.

Syracuse said the bill focuses on tobacco products, and any issues that may arise pertaining to cannabis or its compounds should be handled in separate legislation. O'Connell's proposed amendment would open a "Pandora's box," Syracuse said.

Council member Colby Sledge voted against deferring the bill, saying the legislation's main focus is public health.

"To say that we're going to defer that effort because there might be a business concern, that's a fundamental ideological difference to what our job is here," Sledge said.

Jeff Meeks, owner of Batters Box Bar & Grill, spoke against the bill Tuesday, contending that people who frequent smoking bars are adults capable of choosing which businesses to patronize.

Council member Sean Parker offered an amendment that would exempt long-running establishments that allowed smoking before Sept. 1 from the ban. That amendment failed, 13-18 with four abstentions.

Parker, a recovering smoker, said he is happy to see a shrinking number of businesses allowing indoor smoking but brought forward his amendment to allow businesses like Santa's Pub, Batters Box and Fran's to keep the culture they've created.

"The smoking bar is an experience in itself, and if there's that few of them … why not let people make their own decisions on those things?" Meeks asked. "You don't go to an adult bookstore looking for Better Homes and Gardens."

Should the bill ultimately pass, it would not go into effect until March 2023 to give businesses time to adjust, Syracuse said. People violating the ban would face a $50 fine.

This article originally appeared on Nashville Tennessean: Council delays vote on smoking ban for businesses serving ages 21 and up