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Banning smoking, island style

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Hilton Head Island will consider a proposed smoking ban early next month, tentatively on Feb 6. The proposed ban varies from recent laws passed in unincorporated Beaufort County and Bluffton.

Originally, Hilton Head's Town Council proposed exempting bars deriving most of their income from alcohol. That exemption is not included in the draft written by town attorney Brian Hulbert. Hulbert said exempting bars could create an enforcement problem since the state Department of Revenue doesn't provide a food versus alcohol sales breakdown.

Here's how the Hilton Head's proposal stacks up with the two already in place:

HILTON HEAD

Exceptions

• Hotel, motel, inn, bed and breakfast and lodging rooms designated as smoking rooms. Total percentage of such rooms cannot exceed 25 percent.
• Retail tobacco stores.
• Smoking by performers during a theatrical event where smoking is part of the performance.
• Religious ceremonies where smoking is part of the ritual. • Businesses of only one person not located in a building with other businesses or offices.

Enforcement

Beaufort County Sheriff’s Office: Fines can be as much as $500.

Enactment Date

May 1 (to avoid taking effect during the Verizon Heritage)

Reasonable Distance

Smoking outside a business is allowed as long as the smoke doesn’t enter the building through entrances, windows or ventilation systems, and employees and patrons do not have to walk through the smoking area to enter the business.

Waivers

None

BLUFFTON

Exceptions

• Private residences except when used as a licensed child care, adult care or health care facility
• Hotel, motel, inn, bed and breakfast and lodging rooms designated as smoking rooms. Total percentage of such rooms cannot exceed 25 percent.
• Retail tobacco stores.
• Religious ceremonies where smoking is part of the ritual.
• Bars or restaurants that create a room with separate entrances, facilities, ventilation systems and bathrooms.

Enforcement

Bluffton Police Department:
Penalties on individual smokers include fines of up to $500 and/or 30 days in jail.

Enactment Date

Jan. 10

Reasonable Distance

Smoking prohibited within a “reasonable distance” of outside entrances, windows or ventilation systems.

Waivers

None

BEAUFORT COUNTY

Exceptions

• Private residences except when used as a licensed child care, adult care or health care facility.
• Hotel, motel, inn, bed and breakfast and lodging rooms designated as smoking rooms. Total percentage of such rooms cannot exceed 25 percent.
• Retail tobacco stores.
• Religious ceremonies where smoking is part of the ritual.

Enforcement

Beaufort County Sheriff’s Office: Penalties on businesses include fines of up to $500 and/or 30 days in jail.

Enactment Date

Jan. 10

Reasonable Distance

Smoking prohibited within 25 feet outside entrances, windows and ventilation systems.

Waivers

Businesses can apply for a 90-day waiver from the smoking regulations and must pay a $100 waiver fee. The county administrator can grant a waiver.

View Town of Hilton Head smoking ordinance

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