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Health Pulse - Are you ready for the smoking ban?
Nov 05, 2009 (Star-News - McClatchy-Tribune Information Services via COMTEX) --
It's about two months before the statewide, indoor smoking ban goes into effect Jan. 2 -- at least they were considerate enough to wait until after New Year's Eve parties.
The long-debated law will require most bars and restaurants to permanently empty their ash trays or face potential fines. Patio and outdoor smoking still will be allowed.
The state last week launched a Web site to prep business owners and individuals about the new law and how it will function.
There's information about enforcement and how people can complain if the establishment doesn't keep people from smoking.
It also outlines responsibilities for bar and restaurant owners, such as posting "No Smoking" signs and directing customers to put out their cigarette or cigar.
Speaking of stogies, the site also outlines what types of establishments are exempted from the ban, which include cigar bars.
Private clubs also are exempted, which apparently has led to some confusion for some bar owners.
Because of another state law, customers have to become members at bars and sign in when they patronage a bar. Ergo, shouldn't these bars with their memberships qualify as private clubs and fall into the smoking ban loophole? Not exactly, according to the state's Web site.
State officials have this to say about private clubs as they relate to the smoking ban law:
Private clubs and country clubs -- In order to qualify for this exception, the club must satisfy all of the following criteria:
Membership: The club must maintain selective members.
Operations: The club must be operated by the members.
Restricted service: The club must not provide food or lodging for pay to anyone who is not a member or a member's guest.
Nonprofit status: The club must either be: incorporated as a nonprofit corporation under state law ... or exempt from paying federal income tax under federal Internal Revenue Code.
Local health department officials, who will be in charge of enforcement, said they will start to send out information to bars and restaurantss.
They have, however, been a little busy lately with the H1N1 virus.
"The environmental health staff who inspect the restaurants, they're the ones that are going to distribute the information," said Fred Michael, deputy health director in Brunswick County.
New Hanover County Health Director David Rice has drafted a letter for business owners about the new law and talking with state officials about distribution.
Rice points out that some employees might be motivated to quit smoking in conjunction with the new ban.
"As an employer, you are in a position to assist your employees who want to quit," he wrote in the letter, pointing to the state's free and confidential telephone help line -- N.C. Tobacco Use Quitline at (800) 784-8669.
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