As you may or may not know, NYC passed one of the toughest anti-smoking bills in the country, which will forbid smoking in all restaurants, bars, clubs with very few exceptions.
My question is, would a bar or restaurant or club be able to circumvent this law if they became a ‘private club’? - they could feasibly charge a $1 annual membership fee to each patron.
Would this make them exempt from the law?
Funny you mention that because a bar in my neighborhood is thinking of doing just that. I am quite interested into seeing if they can do this as well. It would be a good kick in the ass to Bloomberg.
Also, an additional question (hope you don’t mind Lola): Will there be “Smoking Police” going around looking for infractions or will it be complaint oriented?
I just recently quit but I think the law is BS.
I’ll see what I can find on the law.
I have a strong feeling it will be complaint-oriented, as many restaurants (bistros) still allow you to smoke on the sly when the place empties out somewhat.
Congrats on the recent quit – I am an ex-smoker myself.
Thanks. Here is the link from the city council web page.
FYI, it says that private clubs that are member operated with no employees can permit smoking. I think smaller bars that don’t have employees “on the books” might be able to get away with this. The bartenders can just say they are members and “volunteer” their time. IANAL so I could be wrong.
http://www.council.nyc.ny.us/pdf_files/newswire/smokingbill.pdf
Very interesting - thanks.
I wonder if that also includes private parties in one’s own home where one hires caterers, bartenders, waiters, etc.
Scary.
Although the patrons will obviously benefit too, I believe that the main reason for the law was to protect the employees, who are subject to second hand smoke day in and day out possibly for decades and their only other choice is to quit. So if the owner doesn’t enforce the law, he will be facing possible lawsuits from employees who later get lung cancer. Although I can see all the reasons and in some sense approve, remember that all the drug laws started in such a way and they could be on that slippery slope. I would like to see an immediate ban on all advertising. Probably 90% of those who start wish they hadn’t. I do recall that after I quit I was slightly revolted kissing smokers. And congratulations to those who recently quit. I don’t want to scare you, but after 15 years I no longer had any desire to restart.
Not really. I don’t have a link (it was a press conference) but Mayor Bloomberg said that they would rely primarily on employees and patrons to enforce the law.
I can’t wait to go up to bunch of dockworkers in red hook, "um, yeah, guys, your smoking is really irritating my contacts…and it IS against the law…why are you standing up…OW HEY!
Hari, are you saying it took you 15 years to lose the desire? The first time I quit I went 18 months (11 years ago) and went back so I know what you mean but 15 years? Ouch.
I am thinking of starting a poll in IMHO to see how this will affect businesses.
Will more nonsmokers go out to bars than in the past?
Will smokers start flocking to cigar bars and other smoker friendly establishments?
Will bar/restaraunt owners spend the money on “Smoking rooms”.
FYI, owning a Cigar Bar is a gold mine but smoking will not be allowed if there is a change in ownership. Try selling that business. But it is nice to know that Bloomberg’s rich friends can still smoke their illegal cubans while discussing how many employees to lay off.
Oh great! I can imagine how ugly it may get when two drunks butt heads (ok pun intended) in a bar at 3:30 in the morning. I can see the first “smoking law related death” coming to a headline near you.
Krazy Kat you really would be crazy to attempt that with the dockworkers.
I wonder what the fine will be? Maybe some businesses will turn a blind eye and risk paying the fine (if it’s not outrageous), if it means keeping their smoking customers drinking (spending $$$) at the bar.
Yeah it was about 15 years. For years I would dream I was smoking. In addition, I would fantasize that I was diagnosed with a terminal illness and had only a year to live (not lung cancer; I suspect that would have made smoking impossible) and took it up again to at least have a year of pleasure. And there were certain times (I don’t have to tell you what they were) when I really craved one. Then gradually, oh so gradually, the fantasies disappeared and I stopped dreaming and it finally came to the point that smoke and even the idea of smoking were revolting. It’s been over 37 years now and I haven’t the faintest desire. BTW, I was 28 and had just had a heart attack.
In BC and Vancouver, we’ve gone back and forth over non-smoking in bars and restaurants for several years. At the moment there is provincial law dictating smoking areas are allowed in bars and restaurants, but that can be trumped by individual cities banning smoking completely.
When it comes to enforcement, the city of Vancouver has it’s own health inspectors who charge bars and restaurants with violations. They respond to complaints first, but then make random checks.
When the fines were low, bars would laugh it off. So they hiked the fines to $20, 000 and more-- for each incidence.
There are still some bars where people smoke (and staff allow it because of confusion), but they’re a vanishing breed.
From NYR407
There are probably studies of this when California banned smoking in restaurants and bars.