BELOIT — Despite the apparent death of a proposed statewide smoking ban, the Wisconsin Legislature is being pressed by Gov. Jim Doyle and public health advocates to OK the legislation.

The bill, which recently passed the Senate’s Public Health Committee, would prohibit smoking in any place of employment, including all restaurants and bars. Anti-smoking groups rejected a compromise that would have exempted taverns until 2011, resulting in an impasse that likely tables the issue until 2009.

Doyle called for a ban in his State of the State address Jan. 23.

“Wisconsin should not become the ashtray of the Midwest,” he said, referring to a years-old smoking ban in Minnesota and an Illinois ban that took effect Jan. 1. “It’s time for lawmakers to do what’s right and make all workplaces completely smoke-free.”

More than two dozen Wisconsin cities — Beloit and Janesville among them — have implemented smoking bans in recent years years. A state ban would supersede local ordinances.

Area business owners are split on the issue.

Some who adapted to municipal bans or banned smoking voluntarily believe a statewide ban is the fairest approach.

“If everybody had to do it, it’s a level playing field,” said Gregg Hatley, owner of the 615 Club in downtown Beloit. “If there’s nowhere (customers) can smoke, then it doesn’t matter where they go.”

Hatley noted that Beloit’s ban exempts most taverns (see related graphic) but not restaurants for which a smoking bar constituted a large part of sales.

“It could have really affected my business,” he said.

Instead, Hatley added, many customers appreciate the smoke-free atmosphere.

“I’m lucky — it’s turned out well for me,” he said.

In Whitewater, where there is no local ban, Kristy Zingheim has voluntarily prohibited smoking in her restaurant and banquet facilities, but wants a state ban or none at all.

“I do think the ban needs to be all or nothing,” said Zingheim, owner of Randy’s Restaurant and Fun Hunter’s Brewery. “Having individual cities decide whether to ban or not could potentially hurt those communities. Patrons might start going to neighboring towns based on their community’s smoking laws.”

Two years ago, Zingheim conducted a survey of her smoking customers, and half said they would continue to eat there if the restaurant prohibited smoking.

“We eventually decided to ban smoking from our dining area and banquet facility,” Zingheim said. “We were finding before that we were turning down business because we would have open tables, but no one wanted to sit in the smoking area, and therefore, we had no room to accommodate them.

“The customers weren’t happy because they had no place to eat, and I wasn’t happy because I was losing business.”

Scott Frank, manager of Black Bridge Bowl in Janesville, said he’s concerned about the potential effect of a statewide ban; bowling alleys are exempt under the city’s ordinance.

“It would affect the leagues for the first year or two,” Frank said, though he believes business eventually would rebound.

A state ban, he said, likely is inevitable.

“With (bans) in Madison and surrounding areas, it’s something that I think everybody understands is going to happen,” he said.

A statewide ban has been a divisive issue in Janesville, said Dan Cunningham, vice president of government relations and education for Forward Janesville, which opposes the legislation.

“We were afraid that the statewide ban would hurt Janesville businesses who already took the time and trouble to modify to fit local ordinances,” Cunningham said.

Darlene Cunningham, general manager at HHFFRRRGGH Inn in Janesville, said a statewide ban would level the playing field, but would make pricey smoking-room modifications obsolete.

“We were always nonsmoking in the dining room, but because of the special requirements that had to be met … (the bar) had to be totally sealed off,” she said. “It was quite costly.”

The Wisconsin Tavern League, meanwhile, remains the highest-profile opponent of the ban.

“We’ve lost a significant number of members due to going out of business,” said Scott Stenger, a spokesman for the league. “These are small mom-and-pop tavern owners.”

He said local bans with exemptions, like those in Janesville and Beloit, are a better alternative.

State Sen. Neal Kedzie, R-Elkhorn, agrees.

“I do have some concerns when the government started telling people and businesses what then can and cannot do,” said Kedzie, a nonsmoker. “As long as tobacco is a legal substance, I do not believe the government has the right to tell people where they can and cannot smoke.”

Despite such misgivings, the ban has a number of vocal proponents in the Legislature.

“I believe that everyone should be able to earn a living in a smoke-free environment,” said state Sen. Judy Robson, D-Beloit, a former nurse and nursing educator. “They should not have to choose between their health and a paycheck.”

She noted that compromises temporarily exempting bars and restaurants would have given businesses time to adjust to the ban.

“There are some who say that bars and restaurants will go out of business if people are not allowed to smoke there; the fact is that even smoking customers can adapt to a smoke-free environment,” Robson said. “In cities with smoke-free workplace ordinances, bar and restaurant owners found creative ways to keep their old customers and also attract new customers, such as outdoor patio seating.”

State Rep. Chuck Benedict, D-Beloit, expressed disappointment that a deal on the bill couldn’t be worked out, but predicted a ban eventually will be approved.

“It won’t go away,” he said. “I think the writing is on the wall.”

Benedict, who is a retired physician, believes the ban is necessary.

“I’m in favor of as much reduction in smoking as possible,” he said. “From a business point of view, I think it will help. A lot of people would prefer to go to restaurants with a ban.”

— Staff writers Amy Rath and Sarah Zeller contributed to this report.