An anti-tobacco group wants to plug all loopholes that allow smoking inside or outside Bismarck restaurants with a city ordinance they proposed on Tuesday.

The ordinance is an expansion of a state law passed earlier this year that bans smoking in restaurants statewide, unless an enclosed smoking room is built. It would completely outlaw smoking at Bismarck restaurants.

Beth Hughes, president of the Bismarck Tobacco Free Coalition, said a total ban on smoking will protect restaurant workers and patrons.

"An enclosed area cannot eliminate the health risks of second-hand smoke,"Hughes said. "The only solution is to go 100 percent smoke free."

The coalition presented the ordinance at the Bismarck City Commission on Tuesday, and the commission set a public hearing for the ordinance for during its regular meeting on Oct. 11, at 5:15 p.m. The commission could choose to vote on the ordinance after the public hearing.

Three commissioners contacted by the Tribune on Wednesday seemed warm to the idea or were in favor of it.

"Most of the people Italked to would love to get rid of smoking,"Commissioner David Jensen said.

Jensen said it's possible he will support the ordinance, but he needs to review it before making a decision.

Jensen said the state should have banned smoking outright in restaurants.

"Iwish the state would have done that, and Ithink they will in two years,"Jensen said.

Commissioner Connie Sprynczynatyk, who introduced the ordinance, said it will clarify the state law, which has undergone a number of attorney general opinions since it became law in August.

The ordinance won't prevent bars and fraternal organizations from allowing smoking, and a bar will be defined according to the type of liquor license it holds.

"We will skip the arguments of who is in and who is out,"Sprynczynatyk said.

Commissioner Bryce Hill said everything should be smoke-free, but he said he needs to review the ordinance in more detail before he decides whether he will support it.

Hill said the Legislature left some loose ends in the law passed earlier this year.

"For us in Bismarck, this is trying to tie those loose ends, from what Iunderstand,"Hill said.

Commissioner Sandi Tabor and Mayor John Warford could not be reached for comment on Wednesday.

Two restaurants in Bismarck that allow smoking in certain areas are opposed to the ordinance.

Mary Barbere, co-owner of Peacock Alley, which allows smoking in the bar area at night, said the Bismarck Tobacco Free Coalition has gone too far.

"Ithink they've done enough,"Barbere said. "There's plenty of choices for people."

Barbere said the ordinance will create an uneven playing field between bars and restaurants that have bars.

Scott Schafer, general manager of the Bistro, said he doesn't mind a ban on indoor smoking, but he is opposed to an outdoor ban.

"It's outdoors, the smoke goes up,"Schafer said.

The Bistro only allows smoking on its outdoor patio.

Pat McGeary, coordinator of the Bismarck Tobacco Free Coalition, said the majority of restaurants have already agreed to go smoke-free, and the majority of Bismarck citizens prefer smoke-free environments.

Sprynczynatyk said if restaurant bars lose business from smokers, they will gain at least the same amount of business from non-smokers.

"There is an opportunity for any bar or restaurant to attract a different clientele,"Sprynczynatyk said.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@;bismarcktribune.com.)