Past Montana Tavern Association President Tom Heisler called to order the meeting of the group's Legislative and Gambling Committee in the absence of newly appointed committee chairman Ralph Ferraro, who was tied up with business in Bozeman, but who attended the full board meeting later in the day.
The MTA committees met at Jorgenson's in Helena Nov. 17.
Heisler called upon MTA Government Affairs Counsel Mark Staples to deliver the report.
Staples launched straight away into a discussion of the impacts of the Oct. 1 full implementation of the Montana Clean Indoor Air Act.
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 MTA's Mark Staples said compliance is "near perfect."
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He said discussion in some communities has centered around appropriate distances from entrances for smoking, but reminded the group the state statute addresses indoor air and does not apply to outdoor smoking. It does proscribe a "reasonable distance" and that should mean a distance far enough away to prevent infiltration into building interiors, which in turn can be different for each building. "'One size fits all' is not appropriate here," he said.
"So, when you're addressing your outdoor customer areas," he said, "do keep potential infiltration in mind."
He said early indications are that compliance with the ban is "near perfect." He said of the 17 complaints he was aware of, 11 of them dealt with businesses that were not licensed for alcohol service or gaming, and that the remainder dealt with smoking outside licensed premises.
He recommended operators also try to direct smoking activity away from areas through which the pedestrian public must pass.
"However, you do get picked on by local officials for something where you feel you're in compliance with the law," Staples said, "please call my office."
A director asked Staples what to do in the event a licensee were to flaunt the law. Staples reminded the board MTA favored and worked for rules language that required complaints be signed. "File a complaint," he said," but be prepared to sign it."
Staples also suggested a neighborly visit first and a discussion regarding the potential penalties might be enough to get anyone contemplating breaking the law to reconsider.
Another director asked if electronic nicotine delivery devices, more commonly known as "e-cigarettes," were illegal, as one health department official had declared.
Staples said the state has authority to regulate tobacco and smoking, but that he believed that since the electronic cigarettes contained no tobacco that they were not under the prohibitions of the state law.
In general, Staples said the business impacts seemed to be falling most on gaming businesses, but that effects of the ban on business revenues were widely varied from some declines, to no change to increases. "The effects are all over the map," he said.
Businesses needed to acknowledge that the ban was ultimately the product of the health organizations and Montana residents, more than the Legislature, the state, the Governor or anyone connected with the government, Staples said.
The health groups would have run an initiative and it would have passed, he said, just as it has everywhere else it has been on the ballot. The law that came out of the Legislature was a compromise that allowed businesses four years to prepare, a better circumstance than has been the case in most states, he said.
"And so anger against the state is misplaced," he said.
A couple of other directors commented that it seemed unfair that smoking was allowed to continue in tribal casinos, and even businesses owned by tribal members. They asked if there was anything the state might do about it.
Staples said tribal sovereignty issues were always complex and the state's powers were limited by overlapping federal jurisdictions and, in short, no, it was unlikely the state would attempt to, or could, intervene. He did say he was surprised the tribes haven't come under the same anti-smoking pressure from health groups the rest of the state had.
Staples also addressed new rules drafted by the Department of Revenue to provide incentives for businesses to train staff in proper server techniques. He said a hearing on the rules would take place the next day (see complete report on the hearing on page 24 in this edition), but that some opposition could be expected from parties who favor mandates and punishment instead of public/private partnerships which effectively utilize incentives to achieve the same thing.
"A very minor adjustment in the penalty schedule" for serving a minor “would be worthwhile if it results in substantially higher rates of server training," he said.
"Voluntary participation with incentives works," he said, "as we have seen with the voluntary gaming machine reporting system set up by the Department of Justice. Some scoffed that it wouldn't work but in just three years we have 98 percent of all gaming machines using automated reporting."
He touted a business association coalition that is now aggressively providing certified TIPS training around the state, but noted many other good training regimens are available from local and state agencies, too, including the Montana Department of Revenue.
Staples said a new head of political steam was building behind the notion of tougher DUI laws. A bi-partisan legislative committee is working on some initiatives as is Atty. Gen. Steve Bullock, he said.
He said the state is also wary of breaking the budget with increased incarceration costs while the addiction treatment community favors more treatment proposals anyway.
Staples said it can be anticipated the licensing system will continue to experience pressure from groups who want to loosen current strictures on alcohol availability, even while other groups press to reduce that availability.
He noted one instance he had been made aware of recently where hair salons were serving alcohol along with a new coiffure, but were confronted by a local DUI task force and encouraged to end the practice.
He concluded with his usual pitch that members who know of good people considering becoming legislative or local office candidates should put them in touch with MTA representatives.