With a statewide smoking ban a week away, area clubs are finding that their status under the new law isn't as clear-cut as expected.
Can the club allow smoking during the week for members only but have to go smoke-free on weekends, when it rents the banquet hall out to nonmembers?
And does it matter if a club has separate ventilation systems for its banquet and bar areas?
If a club allows members to sign in guests, does that mean they lose their exemption?
The subject has club stewards scrambling to get answers as members must vote whether their clubs will go smoke-free before Sept. 11.
''The way I understand it, the only people who are allowed to come in are card members if it's smoking,'' said Cheri Rupert, manager at the Elks Lodge in Tyrone.
Rupert said she wasn't aware of the small details in the law that make it less desirable for clubs to stay smoker-friendly.
She contacted the state Department of Health for clarification, and the state would meet this week to make a decision.
''The state put the clubs in a position where they have to have non-smoking, or we wouldn't be able to have bingos or, say, a wedding or a birthday party,'' said Rob Rogers, commander at Anderson-Denny Veterans of Foreign Wars Post 4559 in Tyrone.
''When the law first started, we didn't think it would apply [to private clubs],'' said Rogers, adding that the post voted Tuesday night to go smoke-free rather than forfeit its pool league, dart league and motorcycle ride - things open to the general public.
It also would mean the post wouldn't be able to continue to bring Hollidaysburg Veterans Home residents down to spend the day.
Rogers said he foresees the ban curtailing how much time people spend at the post.
''We know we're going to lose business somewhere,'' Rogers said. ''If people come, they'll probably not have two or three beers, but probably just one because they can't smoke, and people like to smoke when they drink. If they come in for a football game, maybe they'll only stay for one or two quarters.''
In Ebensburg, American Legion Post 363 board member Bill Harker talked to fellow legions, other clubs and the group's attorney, but he still is scratching his head.
Earlier this week, the post on West High Street hung a sign reading, ''No Smoking, effective Sept. 10.''
''To be on the safe side, the sign is up,'' he said. ''For now, it's no smoking, but we're still looking into it.''
Harker, until recently the Ebensburg Legion's commander and a member of Garfield Thomas Jr. VFW Post 4963 in Ebensburg, said the VFW is planning to do the same.
''It seems like a bunch of double talk,'' he said. "To tell you the truth, I don't think anyone knows what the law is [pertaining to membership clubs]. One way you read it, we can smoke, the other way - you can't.''
Machel Drahnak, tobacco program coordinator for Blair County's Human Services office, admitted that the law is confusing.
''It goes back to all those exemptions,'' Drahnak said.
To be exempt also requires more than just a vote among the membership. It also requires sending proof of that vote to the state in the form of an application for exemption. With the deadline looming, Drahnak said establishments with applications already submitted to the state but not approved still can allow smoking.
According to the state Department of Health, clubs may be jumping to conclusions about the limits of the exemptions.
Spokesman Holly Senior said if a club votes to allow smoking, it can still allow guests.
''If you are a smoking establishment, you can continue to allow guests in clubs as long as you are following your own bylaws,'' Senior said.
What wouldn't be allowed is renting out one part to the public and not allowing smoking but allowing smoking in another part of the building. Senior said if a club is renting its banquet hall, its members-only area also must go smoke-free for that day.
Senior said the wording of the law has made implementing it a challenge.
''Obviously, we realize this is an education process and realize it will take time,'' Senior said.
Still, with the restrictions comes opportunities.
''I don't believe we get the smoking ban,'' said Don Wike of the United Veterans Association on Union Avenue.
As a private club, the UVA also meets the criteria as a drinking establishment because it doesn't have more than 20 percent of its daily sales in food.
Wike said the club will remain a smoking establishment, and with the ban, people likely will be looking for places where they can smoke.
''This would probably be the best time to keep it going,'' he said.
Mirror Staff Writer Greg Bock is at 946-7446. Mirror Staff Writer David Hurst is at 946-7457.
