Smokers like Jessica Mulford, left, and Tami Napiwocki will have to move to outside patios at restaurants and bars in May, when the statewide smoking ban goes into effect.

Photos by David Sanders / arizona daily star

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The glass-enclosed, wood-paneled lounge at McMahon's Prime Steakhouse bears little resemblance to the darkened, no-frills interior of The Depot Sports Bar & Grill.

But both establishments are grappling with the same problem: How to hold on to their smoking customers after a statewide smoking ban goes into effect May 1.

While the ban covers nearly all buildings accessible to the public — including offices, hotel and apartment common areas and laundromats — many owners of bars, lounges and other hangouts for smokers worry they have the most to lose from the new law.

"They're the ones that pay my bills," said Depot owner Bert Clark about his smoking customers.

To keep sales from slipping, bar and lounge owners plan to do whatever they can to both preserve as much smoking clientele as possible and to pull more nonsmokers in the door.

For many bars, that means constructing or improving patios to provide a place for smokers. Others will also be cleaning up or doing minor renovations to bar areas to get rid of the smoke smell.

Previously, both Tucson and Pima County enacted their own less-comprehensive smoking bans, which included restaurants but allowed smoking in most bars.

After the law goes into effect, "I probably won't even come here," said regular Brad Fisher, who usually comes to The Depot, at 3501 E. Fort Lowell Road, for "a beer and a cig" after finishing his shifts as a housekeeper for the Southern Arizona VA Hospital.

McMahon's, located at 2959 N. Swan Road, attracts a more upscale smoking crowd — aficionados of fine cigars. Those customers will still be able to smoke and drink on a patio outside the bar starting May 1. Nonetheless, bar manager Kelly Warner said she is worried the restaurant might lose some smokers "when winter rolls around."

At the Depot, Clark plans to spend upwards of $170,000 adding an extensive patio with a separate bar, as well as ripping out duct work and doing other maintenance indoors to eliminate odors. McMahon's is planning to upgrade its patio by adding more "cigar-friendly" furniture, TVs and other improvements, said general manager Richard Tyler.

The Hotel Congress, at 311 E. Congress St., is considering expanding its patio and has definite plans for deep-cleaning and possibly a new paint job inside, said general manager Todd Hanley.

Along with adding patios where possible, sports bar chain Famous Sam's Restaurant & Bar, which has 11 locations in Tucson, will also get a minor image makeover to make the chain "more inviting for families," said Gina Fleer, a franchise consultant for Overland Park, Kan.-based TWA Restaurant Group, which owns the Famous Sam's franchise. The changes include fresh paint and some redecorating using sports themes, which Fleer hopes will bring in new customers without turning off regulars.

"We just want to freshen things up a little bit and open up the customer base," Fleer said.

But although May 1 is just a month away, business owners hoping to add patios have been wary of starting construction. The reason is that the ballot initiative requires that smoking be kept a "reasonable distance" away from entrances, but does not provide specifics. The state Department of Health Services is planning to issue a decision on the distance this week, according to a spokesman.

The American Lung Association of Arizona and other proponents of the original ballot measure have requested as much as 25 feet, which Clark and other bar owners say would make it difficult to build acceptable patios for smokers. Meanwhile, the Arizona Licensed Beverage Association Inc., a trade group for alcohol serving establishments, is advocating that the "reasonable distance" be determined on a case-by-case basis.

"I think the spirit of the law is to keep drifting smoke from coming into your facilities," which bars could do with air-flow machines or other means, said Bill Weigele, president of the association.

No matter what the decision, most bar and lounge owners said they wouldn't be able to build patios for months. Permitting alone can take weeks, they said. If alcohol and food are to be served on a patio, the project also would need further approvals from state and local officials, said Craig Gross, Tucson planning administrator.

To help bars and other affected businesses build patios more quickly, the city will allow for "smoking-only" patios that would not require traditional permitting or approvals, but no alcohol or food could be served on them, Gross said.

Weigele said his organization is advising business owners to be cautious about investing in patios. Local governments or the state could one day extend the ban to include outdoor seating areas, he said.

In any case, the owners of many smaller bars say they either can't afford or lack the space for patios. Some owners said they are simply hoping for the best: that smoking regulars might stay home at first, but will eventually return to their old haunts to socialize.

Saguaro Corners Restaurant, near Saguaro National Park East at 3750 S. Old Spanish Trail, previously allowed smoking in its lounge but went smoke-free after the ballot initiative passed in November. The owner has no plans to build a patio.

"I decided we just stop playing games and just do away with it," said owner Frank Calvert. He added that the bar has lost some of its customers but expects they'll come back.

Some owners and managers are even more optimistic and say they don't expect any drop in business at all.

"It's going to be an even playing field," said Heather Reams, a manager of Sullivan's Steakhouse, at 1785 E. River Road which has a cigar lounge. "It's not like they can go somewhere else to smoke."