L.A. restaurateurs see new law snuffing out business.

L.A. smoking proposal poses more danger than state ban

Restaurateurs in the City of Los Angeles say an ordinance banning smoking in the city's eateries would snuff out some of their business but that a statewide smoking ban would have minimal effect.

A smoking ban in L.A. only "would be disastrous for restaurants in Los Angeles," said David Fox, executive vice president of Sherman Oaks-based Hamburger Hamlet Restaurants Inc., which operates 10 eateries in the city of L.A.

The right to smoke in public places, especially inside restaurants, has been a foremost issue at both the state and local level recently. The Los Angeles City Council approved a proposal June 3 that would ban smoking in the city's restaurants.

Because the ordinance did not get enough votes on its first appearance before the council, it needs to be voted on a second time before it can go to the mayor's desk. The second vote had not taken place as of press time.

Meanwhile, on June 4 the state Assembly approved AB 996, introduced by Assemblyman Curtis Tucker Jr., D-Inglewood, which would invalidate the council's efforts. It would place mild restrictions on smoking in some establishments but would leave much regulation up to business owners. The bill would also prevent any anti-smoking ordinances passed after April 1, including the L.A. City Council's ordinance, from taking effect.

More fuel was added to the fire June 8, when the state Assembly also approved AB 13, introduced by Assemblyman Terry Friedman, D-Brentwood. AB 13 is a tough anti-smoking bill that would ban smoking in all indoor workplaces, including restaurants.

Bob Spivak, chief executive of Grill Concepts Inc., a Brentwood-based company that operates the Daily Grill restaurants, said passage of Friedman's bill would "really give us a level playing field," with the rest of the restaurants in Southern California.

Fox agreed. "If there is going to be a smoking ban in restaurants, it has to be statewide," he said.

A statewide ban on smoking in restaurants would treat all restaurants equally and smokers would get used to not lighting up when they go out to eat, said Linda Candioty, vice president of the Calabasas-based Cheesecake Factory. Cheesecake Factory operates restaurants in Brentwood and Woodland Hills, as well as several outside of the city of L.A. but inside L.A. County.

Restaurateurs in the city of L.A. will suffer more if a ban is only imposed in this particular city than if it's statewide, restaurateurs said.

In some places patrons who want to smoke would need only to walk across the street into Beverly Hills, West Hollywood or other adjacent cities to find a restaurant where they can light up if a ban is restricted to L.A., Fox said.

Jimmy Murphy, owner of Jimmy's restaurant, recalled what happened to restaurants in Beverly Hills in 1987, when that city passed an ordinance prohibiting smoking in restaurants.

"I ended up getting quite a bit of extra business because of that," said Murphy, whose restaurant is in the City of L.A. but borders on Beverly Hills.

The reverse could occur if a restaurant smoking ban is passed in L.A. and business at Jimmy's could be hurt by as much as 10 percent, Murphy said. A 10 percent bite in this economic climate would be tough to swallow, he said.

But a statewide ban wouldn't have as big an impact on Jimmy's, Murphy added.

A ban on smoking in L.A. restaurants would affect the two Toscana restaurants, located in Brentwood and Encino, said General Manager David Suber. These cater to a largely foreign clientele, especially Europeans and Asians who tend to smoke more than do Angelenos, he explained.

A statewide ban would have a similar adverse effect upon his restaurants, Suber said.

The three Cha Cha Cha restaurants, located in Hollywood, Encino and Long Beach, would also be hurt by a city ban said Torivio Prado, owner of the restaurants, which specialize in Caribbean food.

It is difficult for smokers to refrain from smoking for two to three hours, the time it sometimes takes to dine. "People will end up smoking in the bathroom," he said.

But Grill Concepts' Spivak said that if a ban is put into effect only in L.A., it is likely that some adjacent cities, such as Beverly Hills, West Hollywood and Santa Monica, would soon follow with their own ordinances outlawing smoking in restaurants.

"I think Los Angeles is going to be the first domino," agreed Sam King, president of University Restaurant Group, which operates the Water Grill in downtown L.A., Ocean Avenue Seafood in Santa Monica and three other restaurants.

If other local cities do follow suit, restaurants in the city of L.A. won't be affected at all because smokers won't have any other choices, Spivak said. Smokers will get used to going smokeless in restaurants just like they do now on elevators and in supermarkets, where smoking is already prohibited, he said.

On the other hand, Cheesecake Factory patrons tend to be health conscious, and only about 10 percent of the seats in its restaurants are now allocated for smokers, so business at the chain would be minimally affected by any ban, Candioty said.

Smoking sections in restaurants operated by University Restaurant Group also "are being squeezed down and down because we have such a demand for non-smoking tables," King added.

L.A.'s destination restaurants -- where patrons make reservations in advance and have a complete dining experience that includes drinks at the bar, appetizers at the table and a full meal -- would suffer the most from a city ban, Spivak said. The average guest spends more time at such restaurants and, for smokers, smoking is usually part of the dining experience, he said.

At the opposite end of the spectrum, fast-food eateries would probably not be affected because patrons usually spend less than half an hour inside them and smokers could refrain from smoking during that time, Spivak said.