Bar owner cited for violating smoking ban

A Sheboygan bar owner was cited Tuesday for violating the state smoking ban, though he contends a smoking room at his Michigan Avenue bar complies with state law.

Curt Hinz received a citation for allowing smoking in a public place by owner, becoming one of the first people in Sheboygan cited for violating the smoking ban, police said. The citation was issued about 11:20 p.m. at Vreeke's Tavern, 935 Michigan Ave.

But Hinz, who owns and operates Vreeke's, said the smoking occurred in a designated smoking room on the south end of the building. He said the roughly 15-by-30 room has two walls with windows covering more than 25 percent of the surface area.

"We have followed the guidelines of the smoking ban and the building codes to build a smoking room," Hinz said.

State law, which went into effect in July 2010, essentially bans indoor smoking in all public places, including bars and restaurants. But the Legislature amended the law to allow for smoking areas with a roof and no more than two substantial walls.

The law defines substantial walls as those having openings that comprise less than 25 percent of the surface area.

"The officer who conducted the inspection indicates that it's not in compliance and it's not an authorized smoking area," said Capt. Steve Cobb of the Sheboygan Police Department.

Cobb said he could not find a record of any prior smoking ban citations in the city but can't say with certainty it's the city's first because of a recent software changeover. The Sheboygan/Kohler Municipal Court did not immediately respond to a request for citation records.

The construction of smoking rooms drew controversy in Sheboygan after the Common Council passed an ordinance that was criticized as restrictive and confusing. The ordinance defined smoking rooms similarly to state law but also stipulated tobacco smoke not travel into areas commonly used by patrons.

The ordinance was replaced in June with one that matches state law.

State statute calls for a $100 fine for each violation, though it says a warning notice must be given for the first violation. Cobb said Hinz had been warned.

Hinz owns Vreeke's with his wife, Penny. The couple also owns two other Sheboygan taverns, Bourbon Street Pub & Grill and What's Up.