A Jamestown establishment that recently went smoke free may have been the result of pressure by the county to eliminate smoking in bars, restaurants and clubs.

Lido’s Crescent Inn posted on Facebook recently that it was having its Last Smoking Saturday. “After this, the air gets cleaner and the vibes stay just as strong,” the business wrote.

Before this post was made, the Chautauqua County Board of Health voted to increase its smoking waivers from $300 annually to $650 in 2026, and to $1,000 in 2027.

Smoking indoors in public places became largely illegal in New York state with the passage of the Clean Indoor Air Act on July 24, 2003, banning smoking in most workplaces, restaurants, and bars.

However, affected businesses could apply for a waiver if they were able to show that their business was being negatively impacted.

During a recent Board of Health meeting, Jessica Wuerstle with the county Health Department told board members there were six establishments at that time that had a smoking waiver which went back to when the Clean Indoor Act was passed.

One of the key components of the Clean Indoor Act was that employees could not be exposed to second-hand smoke. Exceptions were made for businesses that did not employ outside help or had volunteers working.

Wuerstle said there was one family-run business that has had a waiver since the legislation was enacted. That was Lido’s Crescent Inn.

There are five other membership-type establishments that have volunteers working inside while patrons inside smoke. Examples include legions, moose or other clubs. None of the establishments were identified.

“The original waivers used a financial hardship formula to determine if the business would have been harmed by not having a smoking area for customers,” Wuerstle said. “The formula and the facility specifics have not been revisited in recent years. Essentially when a facility qualified originally, we accepted that formula and facility specifics.”

New businesses can’t get a waiver, Wuerstle explained, because they wouldn’t be able to prove they are being harmed by not offering smoking to their customers.

Chautauqua County Public Health Director Lacey Wilson said she believes the waiver program was not designed by the state to continue forever.

“The waiver was an attempt to be as promotive of business as possible while still moving them toward an end result and resolution that discontinued smoking in the practice,” she said.

Wilson said by comparison of population, Chautauqua County has almost double the number of waivers compared to anywhere else in the state.

Wilson also said Chautauqua County is in the top three counties in the state for smoking.

Wuerstle did say that she has not received any complaints from the public regarding the smoking waivers given to these six establishments.

Health Board members said they want to increase the fees “to make them a little less affordable.”

The fee increase was passed unanimously.

After businesses were told about the new rate hike, Lido’s Crescent Inn made the announcement that it was going smoke-free on Facebook.

In a follow-up e-mail, Wuerstle stated, “The operator has communicated with us. As we understand it, the increase in the waiver fee may have impacted their decision.”