But Columbia police disagree, and say they will continue to enforce violations of the ordinance.

"As the police department we're allowed to enforce all ordinance violations," Columbia Police Sergeant John White said.

Thiel supports repeal of the ban because he said it affects business.

Some Columbia business owners feel targeted by the health department and the police.

"I feel like I've been persecuted by the board of health or the City Council or whomever it is because I have been outspoken in the fact that I don't like the smoking ban because I don't draw from the city," Cody's owner Becky Reynolds said.

"Each person - the patrol and the proprietor - both have responsibilities under the ordinance, so really, the goal is to not punish businesses or people but just to make sure that they understand what the rules are, and that they comply," said Heather Baer of the Boone County Health Department.

Both the business where a customer is smoking and the smoking customer could face a $200 fine.