SMOKING BAN QUESTIONS? Ok, so here’s the deal: Smoking in bars in New York City is no longer legal. If that’s not crazy enough to begin with here are some of the particulars, as well as what we at the bar wanted to do. What the City’s law says: No smoking allowed indoors at any place of employment, including all bars, restaurants, offices, private clubs, catering establishments, bowling alleys, billiard parlors at any time with very limited exceptions. Included in the exceptions are: “TOBACCO BAR” – We thought about it, but apparently we’d have to have been registered as such since Jan.2002. As well, we’d have to be able to prove that at least 10 % of our sales come from tobacco products. (in other words: you guys would have to start chewing tobacco while smoking those cigarettes in-between that, now more than occasional, cigar habit you would have to acquire.) “OWNER OPERATED BAR” - We thought about it. Making your friendly staff all 1% ( or even 1/10th of 1%) owners! Genius! Well, apparently, they thought about it too. The law says Maximum of Three owners each of whom must own at least 25% ownership interest. “OUT DOOR AREA” (yes, this is one of their “exemptions.”) Are they fucking kidding? Smokers don’t want to go outside! That’s the fucking point! –incidentally, there are other laws that do not allow drinks outside. *Please, for us, don’t take your drinks out with your smokes.* (I guess the idea about out door seating is for restaurant patios and such. Well, apparently, if a restaurant has an awning smoking is not allowed under there either.) “SEPARATE SMOKING ROOMS” (our favorite) We thought about it. “Smoking rooms” can be no bigger than 350sq. ft. (ours would have been less than 100sq ft.) they have to meet all building codes including sprinklers. They also have to have separate ventilation systems, and not just any “separate ventilation” but “Negatively Pressurized” Ventilation. (We even found out what that means.) But here comes the good part: No employee is allowed in the ‘smoking room’ until 15 minutes after the last smoker has left…. How the fuck are you supposed to know that the last smoker has left, if you are not allowed into the room to see if the last smoker has left? The answer? A window. Easy enough. But wait there’s more… Maybe someone has had a little too much to drink and they decide that they want to do something a little less than legal in a smoking room or get a little extra romantic with fellow smoker (as long as that smoker isn’t an employee of the establishment.) So there we are at the ‘easy answer,’ knocking on the window shaking our heads and saying “please stop that or we will wait until FIFTEEN MINUTES AFTER YOU HAVE LEFT AND THEN WILL COME IN THERE!” Oh, by the way, bars are, however, 100% liable for what ever goes on in their ‘smoking rooms.’ All of this aside we were still seriously considering building a smoking room- We drew up plans. Spoke to two contractors (one: $7 ,000–‘no way’ .The other: more than $12,000– ‘there is just no way.’) We found out about some of the building codes. We can do it ourselves! We re-drew plans. We re-re-drew plans. Oh yea, one detail I left out: There is a ‘sun set clause’ in the ban that says they are going to reevaluate the smoking rooms as of Jan 2006. What does that mean? The people I spoke to at the Board of Health all said that the smoking rooms will become ‘extinct’ as of that date. Sounds like a good way to get rid of more money than you wanted to spend in the first place. Ok, so with all of this going on New York State has joined the party and just passed a harsher version of the smoking ban. -It’s Ban-tastic!: The NY State version will have no exemptions for owner operated establishments and NY State also “bans bars and restaurants from allowing smoking in separately ventilated rooms.” – ‘Thank you…Very much. So just let customers smoke, and don’t comply? Yea, we even thought about that. Here’s the deal: 1st fine is $200 - $400. Ok. Cost of doing business. 2nd fine is $500 - $1000. Gulp. but, cost of doing business. 3rd fine is $1000 - $2000. As this is the third violation (and it is what the Board of Health considers a “critical violation”) Health Department permit can be revoked. Oh yea, I almost forgot, since Pataki has signed it as a NY State law, that means Liquor License too! ………… game over. PS. Contrary to popular belief: Individuals (you) may be fined $100 for smoking where prohibited. Well, look at the bright side: at least you’re not a NY State Prison Guard, because the inmates… well, those soon-to-be-extra-cranky-dudes can’t smoke inside either.