Over three months since three Madison alders drafted a proposal to eliminate smoking from a significant number of downtown bars, the City Council is set to vote tonight on a modified version of the original ordinance.

Under current Wisconsin state law, smoking is prohibited in any restaurant, which a 1992 Madison city ordinance defines as an establishment serving or preparing food while obtaining less than 33 percent of its revenue from alcohol sales. The ordinance was introduced to the council Aug. 16, and would have gone into effect Jan. 2, 2003. The law would have increased the amount of revenue from alcohol sales an establishment must take in order to qualify as a bar to 50 percent.

It would have also eliminated smoking from separately ventilated smoking areas.

The new compromise, proposed by Ald. Matt Sloan, District 13, would delay the measures in the original ordinance by several years.

The increase in percentage of alcohol sales necessary to retain bar status and allow smoking would not go into effect until January of 2006.

In addition, the modified proposal calls for a 12-month exemption period for bars whose revenue decreases by 10 percent or more during the first three months the restriction is in effect.

Ald. Jean MacCubbin, District 11, one of the sponsors of the August ordinance, is disappointed restrictions were set back under Sloan’s proposal.

“I don’t like the sunset dates, 2006 is pretty far from now,” she said.

Nevertheless, MacCubbin said she will vote for the modified ordinance.

“I’ll reluctantly vote for something like [this ordinance], but I’m certainly not satisfied,” said MacCubbin, adding that she is not afraid of Wisconsin Restaurant Tavern president Barb Mercer’s vow to oust Madison alders supporting a smoking restriction.

“In sounds like the kind of threat you see in dirty politics. When someone has not won on an issue, they threaten,” MacCubbin said. “I would welcome the challenge. My constituents support me.”

Despite the lengthy delay of implementation under the proposal, State Street Brats owner Ross Johnson is still uneasy about what he calls an increasing city infringement on freedom of choice.

“People make choices in this world. Some are healthier than others. I’d like to reserve the right for my customers to make a choice,” Johnson said.

Johnson also feels the smoking restriction would divert police resources from worthier problems.

“There are certainly bigger crime issues out there,” Johnson said. “And none of [the ordinance supporters] have talked about enforcement.”

“We’ve very upset with the newly designed smoking ordinance,” said Johnson, who is confident the overwhelming majority of members in the Wisconsin Restaurant Association share his sentiments.

MacCubin, however, disagrees and believes many bar owners favor a smoking restriction but are afraid to speak up.

“I’ve talked to many restaurant owners who have said they would love it if smoking was banned … but they don’t want to come out and say it,” MacCubbin said. “It’s a divided association.”