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On Saturday night, people were seen smoking in the smoking area and other individuals drinking in the non-smoking area, just a few feet away from one another.

Jeannette Lye, manager of bylaw enforcement for the City of Regina, said she’s not aware of any complaints about Eldorado and has not seen the patio herself, but that based on the description, a bar set up the way Eldorado is would not be in compliance with the bylaw.

“As long as any portion of that patio is being used as an outdoor seating area, then smoking and vaping is not permitted,” said Lye.

Darryl Yasinowski, one of the owners of Eldorado, said the bar is aware of the bylaw and is abiding by it. He declined further comment.

The confusion may lay in the definition of an outdoor seating area in the bylaw itself and the exceptions to it. According to the bylaw if there is no seating in the area, no service of any kind and no food or drink permitted, then the area or structure may permit smoking. But Lye said a patio is considered a single structure and simply painting a line and removing seating and service from a section of that structure does not mean smoking is allowed.

“If you had a patio where there’s no seating or food or drink permitted at all, anywhere on the patio … it would be allowed,” said Lye.

But she said it’s one or the other — either 100 per cent a smoking patio with no seating provided and no service of any kind offered, or a seating area with food and drink services and absolutely no smoking.

Lye said the city isn’t actively inspecting businesses to ensure the bylaw is being followed, but is encouraging businesses that have questions about the bylaw or have plans to modify their establishment in any way in an attempt to provide a smoking area, to contact Service Regina for information.

She said the possibility that Eldorado may be in violation of the bylaw is on the city’s radar, but was unable to comment on what action may be taken.

jackerman@postmedia.com