A smoking bylaw some residents forced in the Town of Brooks just over a year ago has created an interesting business environment in that community, and changes that aren’t necessarily bad, says the community’s mayor.
“We didn’t have any choice,” says Don Weisbeck of the bylaw that forces eating establishment owners to choose between smokers and customers under the age of 18 years.
“The nurse who runs the asthma clinic took up a petition (calling on council to ban smoking in restaurants) and gathered 1,400 signatures, so we held a plebiscite with our municipal elections.” That vote revealed two thirds of electors supported the idea, he said, so council’s hands were tied. And on Jan. 2 of last year instituted legislation that says restaurants must prohibit smoking or children under the age of 18 from entering. The bylaw aims itself only at eating establishments.
Weisbeck estimates three or four of the community’s 45 or so restaurants chose to allow smoking, and in doing so “created a niche market” for themselves.
“For instance, Robins Donuts doesn’t allow anyone under the age of 18” to enter, whereas “Tim Horton’s doesn’t allow smoking.”
Likewise, one family restaurant opted to close its doors to those under 18 years, he said, “and now each restaurant has different clientele.” He added that some chose to renovate their restaurants so they include a self-enclosed smoking area.
That’s not to say the bylaw has been without its wrinkles, the mayor added, “but some businesses actually welcomed it. It allowed them to ban smoking without losing that competitiveness.” The same bylaw also prohibits smoking at any public assembly.
Smokers who fail to butt out in the appropriate place can face fines of $100 for the first offense, to a maximum $200 per offense. Proprietors who fail to abide by the regulations can face $200 fines for failing to ensure no one smokes in their establishment to a maximum $500 for the third and subsequent offenses.
Weisbeck said the city of Calgary has a similar bylaw, and added that some business owners are reporting the bylaw has, in fact, increased their customer numbers.
“I haven’t heard any such reports here,” the mayor said, but smoking bylaws are almost inevitable, he added.
“I really think the trend is here, and now the question becomes ‘Do you want to go through it now, or be forced to do it later?’”

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