Local bars will have to do more than post "no smoking" signs and remove ashtrays, according to a federal appeals court decision late last week upholding Austin's smoking ban.

Austin voters passed the "Smoking in Public Places" ordinance in May 2005. The ordinance took effect in September 2005, prohibiting smoking in all public places. In October 2006, a U.S. district judge upheld most of the ordinance but ruled that a clause in the ordinance requiring owners to take "necessary steps" to enforce the ban was unconstitutionally vague. The ruling required owners to only post smoking signs and remove ashtrays and prevented the city from revoking or suspending the licenses of violating establishments.

In the statement released Friday, the U.S. Fifth Circuit Court of Appeals overturned the district court ruling, stating the "necessary steps" are properly defined. Under the new decision, bars must ask the patron to put out his or her cigarette. If the customer does not comply, owners must refuse service. If the person still does not stop, bars must ask the smoker to leave.

The owners listed on the suit did not comment. Warehouse Saloon & Billiards owner Bill Hardee said they are still reviewing the case with their lawyers.

Sarah Osborne, Buffalo Billiards' event manager, said she believes the smoking ban is a positive initiative. She said at the bar, smokers can go outside or to the balcony to light up.

"I'm a smoker myself," she said. "Just because a person wants to go out and go and play some shuffle board or some pool, I don't think they should have to be subjected to cigarette smoke. Here at Buffalo Billiards, people are very understanding."

Violation of the ordinance counts as a Class C misdemeanor punishable by a fine up to $500.

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