Amendments to the city's smoking bylaw were adopted and became municipal legislation Monday evening.

At its weekly meeting, city council approved the amended legislation, which takes enforcement out of the hands of bar owners and puts it solely into the hands of municipal bylaw officers.

Amendments to the bylaw were brought forward last month after it was concluded by city officials that the law in its current form would not hold up in court.

As a result of the amendments, charges against the '98 Hotel, owned by Coun. Mel Stehelin; the Skyjacker Lounge; Sam McGee's at the 202; and the Capital Hotel were dropped.

Charges against three individuals charged under the bylaw are still going forward.

In what represented his last kick at the can, Stehelin again said he is not happy with the legislation and said council should, like Calgary, adopt a more lenient bylaw.

'Well, it's obvious that it's not going to happen, but why don't we follow Calgary's lead and give citizens a choice?' he asked. 'We're going from 1,100 seats to zero.'

According to the City of Calgary's municipal web site, the southern Alberta city's anti-smoking bylaw is currently being phased in over a period of four years.

The bylaw makes it an offence to smoke on outdoor patios, within three metres of an entrance to a public building, within one metre of transit platforms and in public places.

It was adopted in March 2003 and will not come into full force until Dec. 31, 2007.

Under Calgary's bylaw, casinos, bars, restaurants and bingo halls can decide, until the December 2007 deadline, if they'd like their bars to continue to permit smoking, go smoke-free or have a combination of the two in a mixed use setting.

Under the bylaw, a mixed use setting must include a distinct and separate smoking room which is separately ventilated.

In an interview this morning, Bylaw Services manager John Taylor said in anticipation of the amendments being passed, officers in his department had been canvassing the bars in Whitehorse to let them know the bylaw will be enforced without exception.

'Yesterday, we started going through the bars and reminding them (of the bylaw),' Taylor said. 'We were being a little proactive with them.'

Most of the bar owners were very co-operative and there likely wouldn't be a problem implementing the amended law, he added.

Under the amended bylaw, bar owners still face the prospect of fines.

According to the amended bylaw, any proprietor who permits smoking in a prohibited place faces a $300-fine on the first offence, $500 for a second offence, $700 for a third offence, and an increase in fines by a $200-increment for each additional offence.

Bar owners could also face $300-fines for failing to post signs.

Other fines under the bylaw include: $100 for smoking in a public place; $300 for failing to comply with sign specifications; and $500 for altering or defacing a no-smoking sign.