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Enforcement Issues

Enforcement Issues. The Boston Experience: May 2003 The Massachusetts Experience: July 2004. Key Principles. Reduce bad implementation and press by reducing broad exceptions in the law Aim for "Level Playing Field“ Craft narrow exceptions Seek "bright lines". Operation Barhop.

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Enforcement Issues

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  1. Enforcement Issues The Boston Experience: May 2003 The Massachusetts Experience: July 2004

  2. Key Principles • Reduce bad implementation and press by reducing broad exceptions in the law • Aim for "Level Playing Field“ • Craft narrow exceptions • Seek "bright lines"

  3. Operation Barhop • good for pre- and post- • easy, fun, cheap, local • tool to assess business volume, trash, projected outdoor smoking • not scientific but legislators/local leaders like knowing the establishments surveyed • does not prove smoking rates • proves smoking clientele is overestimated due to smoke volume

  4. Operation Barhop: Sample Results • A Different Drummer • Salem Street • 10:35 • 35 patrons; 6 smokers • Anchovie’s • Columbus Avenue • 10:30 • 26 patrons; 3 smokers

  5. Operation Barhop: Findings • 78 establishments visited • No security issues • 337 patrons actively smoking were found among 4,606 total patrons, or 7.3%. • This would be the percentage of people outside smoking if establishments were smoke-free. • Maximum numbers can be extrapolated using establishment's occupancy permit • Highest percentage of actual smokers = 30% at Sullivan’s Tap. • Lowest percentage of actual smokers = 0% at eleven locations

  6. Pick smart effective date and day • Avoid January 1 • Avoid December through February • Take into account • Students • Tourism • Seasonal employment • Sunday, Monday or Tuesday • Midnight is tough • Ticketing on effective date

  7. Penalties • State: $100/$200/$300 • Boston: $100/$500/$1000 • consider grace period • then fine • then go after for nonpayment • then go to court • do this once, violations will plummet

  8. Practicalities of Enforcement • mostly responding to complaints • single-employee establishments • multi-business buildings • places that think they are exempt • fining the smoker • administrative warrants • need local official support • meet with your court ahead of time

  9. Evidence for Enforcement • Determine level of evidence: • actual smoking versus • evidence of smoking

  10. Private Clubs • May destroy your "Level Playing Field" • Problem: private clubs act like public bars • Solution: private clubs act like private clubs

  11. Private Clubs, continued… • Don’t act unless bars/restaurants complain • Learn your liquor laws • learn your private club community • involve health dept and licensing dept. • meet with state-level alcohol board • bans might be only way to go BUT • are there compromises to make both private clubs and bars happy

  12. Other problems that are still a work in progress… • Tobacconists • Cigar Bars • Warehouses • Municipal Buildings & Vehicles • Outside Spaces

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