Smoking ban in CT (questions concerning restaurants)

Discussion in 'After Hours Lounge (Off Topic)' started by MarkHastings, Oct 13, 2003.

  1. MarkHastings

    MarkHastings Executive Producer

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    First off, please don't turn this into a debate between smokers and non-smokers.

    Starting Oct. 1, restaurants are required to ban smoking and in April, bars will do the same.

    Does anyone know more about this law? Someone said that there is a "Loop hole" that if you are registered as a "Cafe", you can have a smoking section? Does anyone know what constitutes a "Cafe" license?

    Also, what is considered a Bar as opposed to a restaurant with a bar? There is a small bar/restaurant in my town, but I don't know what I'd consider it. The place is mostly a bar, but they serve dinners (they have about 10 booths against the wall).

    I heard something about the number of employees? Does anyone know the exceptions?

    I know I can call these places and find out if they are smoke free or not, but I was talking to a bunch of people and we were trying to figure out what places are considered bars and no one had a real answer because a lot of these places serve food. We went to this one place and I thought it was going to be smoke free, but it wasn't and this just confused me more.
     
  2. Leila Dougan

    Leila Dougan Screenwriter

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    It just depends on the city/state implementing this law.

    I know where I live this law just got passed and certain establishments can still have smoking sections. Smoking is limited to bars and the way they determine if an establishment is a bar or a restaurant is the amount of sales, alcohol vs food. I don't know the exact percentage, but if a place serves more alcohol than the percentage, they can have a smoking section.

    But that's just where I live. There should be the exact law on your city/state's website.
     
  3. Malcolm R

    Malcolm R Executive Producer

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    We've had this in Vermont for years. If a restaurant wants to offer a smoking section, they have to have a totally separate, sealed off area with its own entrance and separate ventilation system. This is generally a bar area (there's a Chili's nearby with this set-up).

    The only way smoking is allowed in a public building is if that establishment is granted a cabaret license, which is only issued if their food sales are less than their alcohol sales (i.e. bars). If you sell more food than alcohol, you're a restaurant and no smoking is allowed.

    I'd think the Connecticut law must follow similar rules.
     
  4. MarkHastings

    MarkHastings Executive Producer

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    Malcolm, that sounds about right. So it's cabaret and not cafe.
     
  5. Patrick_S

    Patrick_S Producer

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  6. Paul M.Kuziel

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    Employers covered. Employers of 20 or more employees are covered by Connecticut's smoking restriction laws.

    Effective October 1, 2003, all employers are covered by Connecticut's smoking laws.

    Written policy requirements. Employer policy not specified.

    Posting requirements. Connecticut's law requires employers with 20 or more employees to establish smoking and nonsmoking workplace areas and to post signs clearly designating the boundaries of each nonsmoking area.

    Effective October 1, 2003, in each room, elevator, area or building in which smoking is prohibited by law, the person in control of the premises must post in a conspicuous place signs stating that smoking is prohibited by state law. Signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers, hotels, motels or similar lodgings and health care institutions, must have letters at least four inches high with the principal strokes of the letters not less than one-half inch wide.

    No smoking areas. Connecticut prohibits smoking in:

    1: Any room in a building or portion of a building owned or operated by the state or any political subdivision of the state while a governmental meeting or a public college class is in progress, or when the room is open to the general public and used primarily as a reception or waiting area, except in designated smoking areas;
    2: In any area of a health care institution unless a sign is posted indicating that smoking is permitted, however, smoking is strictly prohibited in any diagnostic or treatment area or waiting room, other than a smoking area, provided that the smoking area is not the facility's only waiting area, and notice shall be posted at entrances to such facilities indicating that smoking is prohibited by state law except in designated smoking areas (patients may request a nonsmoking room);
    3: In any area of a retail food store open to the general public;
    4: In any public area of a restaurant having a seating capacity of 75 or more persons unless a sign is posted indicating that smoking is permitted in the posted area, however, no restaurant may be designated in its entirety as a smoking area and a sign must be posted at the entrance to the restaurant indicating that no-smoking areas are available;
    5: In a public school building while school is in session or student activities are being conducted (local boards of education may, however, designate smoking areas for employees and may permit smoking in rooms used for private functions); or
    6: In a passenger elevator — no penalty may be assessed unless a sign is posted indicating that smoking is prohibited by state law.

    Effective October 1, 2003, Connecticut prohibits smoking:

    1: In any building or portion of a building owned and operated or leased and operated by the state or any political subdivision of the state;
    2: In any area of a health care institution;
    3: In any area of a retail food store;
    4: In any restaurant;
    5: In any area of an establishment with a permit issued for the sale of alcoholic liquor, in any area of an establishment with a permit for the sale of alcoholic liquor issued after May 1, 2003, and, on or after April 1, 2004, in any area of an establishment with a permit issued for the sale of alcoholic liquor;
    6: Within a school building while school is in session or student activities are being conducted;
    7: In any passenger elevator, provided that no person may be arrested for violating this subsection unless there is posted in the elevator a sign that indicates that smoking is prohibited by state law; or
    8: In any dormitory in a public or private institution of higher education.

    The above rule does not apply to:

    1: Correctional facilities;
    2: Designated smoking areas in psychiatric facilities;
    3: Public housing projects;
    4: Classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson;
    5: Smoking rooms provided by employers for employees;
    6: The outdoor portion of the premises of any establishment with a permit issued for the sale of alcoholic liquor, an establishment with a permit for the sale of alcoholic liquor issued after May 1, 2003, and, on or after April 1, 2004, an establishment with a license issued for the sale of alcoholic liquor. However, in the case of any seating area maintained for the service of food, at least 75 percent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area. Any temporary seating area established for special events and not used on a regular basis is not subject to the smoking prohibition or signage requirements; or
    7: Any tobacco bar provided no tobacco bar may expand in size or change its location from its size or location as of December 31, 2002.

    The operator of a hotel, motel or similar lodging may allow guests to smoke in not more than 25 percent of the rooms offered as accommodations to guests.

    This law does not require any smoking area in any building.

    Designated smoking areas. In smoking areas, the existing physical barriers and ventilation systems must be used where practical to minimize the effect of the smoke in the nonsmoking areas. However, the law permitting smoking in designated areas should not be read to require any smoking area in any building. Connecticut exempts employers that make a good faith effort to comply with the law but find the financial burden of doing so unreasonable.

    Effective October 1, 2003, employers with fewer than five employees in a business facility must establish one or more work areas, sufficient to accommodate nonsmokers who request to utilize such an area, within each business facility under its control, where smoking is prohibited. Employers must clearly designate the existence and boundaries of each nonsmoking area by posting signs that can be readily seen by employees and visitors. In the areas within the business facility where smoking is permitted, existing physical barriers and ventilation systems must be used to the extent practicable to minimize the effect of smoking in adjacent nonsmoking areas.

    Employers with five or more employees must prohibit smoking in any business facility under the employer's control, except that an employer may designate one or more smoking rooms.

    Employers that provide a smoking room must provide sufficient nonsmoking break rooms for nonsmoking employees.

    A smoking room designated by an employer must meet the following requirements:

    1: Air from the smoking room must be exhausted directly to the outside by an exhaust fan, and no air from the room may be recirculated to other parts of the building;
    2: The employer must comply with any ventilation standard adopted by the Commissioner of Labor, the United States Secretary of Labor under the authority of the Occupational Safety and Health Act of 1970, or the federal Environmental Protection Agency;
    3: The room must be located in non-work area, where no employee, as part of his or her work responsibilities, is required to enter. Work responsibilities do not include any custodial or maintenance work carried out in the smoking room when it is unoccupied; and
    4: The room must be for the use of employees only.
    Nothing in this law may be construed as to prohibit an employer from designating an entire business facility as a nonsmoking area.
    \Hope this Helps//
     
  7. MarkHastings

    MarkHastings Executive Producer

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    Thanks guys, that helps
     
  8. David Baranyi

    David Baranyi Stunt Coordinator

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    Paul, did you have to paste everything from this web page?
     

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