Celebrating Success in North Carolina Tobacco Prevention and Control Discussion and Reflection

1. Celebrating Success in North Carolina! Tobacco Prevention and Control Discussion and Reflection NCIOM and Healthy Carolinians Conference October 8, 2009 Sally Herndon Malek Jim D. Martin Layton Long

2. Celebrating Success inNorth Carolina!?!

3. House Bill 2:Signing Was A Celebration! Slide - Bill Signing was a CELEBRATION Photos and thank you�sSlide - Bill Signing was a CELEBRATION Photos and thank you�s

4. New Statewide Prohibitions Restaurants Permitted establishments Bars Permitted establishments (ABC permits) Some lodging establishments Those permitted to serve food or drink

5. What the new NC law covers: Smoke-free restaurants and bars (enclosed areas) Smoke-free lodging facilities that serve food�(up to 20% of guest rooms may allow smoking) Very limited exemptions Cigar bars that meet requirements Private clubs�country clubs or membership clubs with selected membership, non-profit status and restricted food and lodging services Allows local government authority to pass some further restrictions for all government grounds and other public places NEW NC Smoke-free Lawbecomes effective January 2, 2010

6. Exceptions to Statewide Prohibitions Cigar bars, if: = 60% revenue from sale of alcoholic beverages = 25% revenue from sale of cigars entry restricted to 21 & above humidor on premises smoke does not migrate into areas where smoking is prohibited under state law Cigar bar may allow smoking if smoke does not migrate into an enclosed area where smoking is otherwise prohibited under state law. A cigar bar is a bar (i.e., ABC permit) that (1) generates at least 60% of its quarterly gross revenue from the sale of alcohol, (2) generates at least 25% of its quarterly gross revenue from the sale of cigars, (3) does not allow individuals under the age of 21 to enter, and (4) has a humidor on the premises. Smoking hookah is only allowed if: the hookah establishment is not a restaurant, bar, or lodging establishment does not serve food or drink for pay, and is not required to comply with state public health laws related to food and drink sanitation Cigar bar may allow smoking if smoke does not migrate into an enclosed area where smoking is otherwise prohibited under state law. A cigar bar is a bar (i.e., ABC permit) that (1) generates at least 60% of its quarterly gross revenue from the sale of alcohol, (2) generates at least 25% of its quarterly gross revenue from the sale of cigars, (3) does not allow individuals under the age of 21 to enter, and (4) has a humidor on the premises. Smoking hookah is only allowed if: the hookah establishment is not a restaurant, bar, or lodging establishment does not serve food or drink for pay, and is not required to comply with state public health laws related to food and drink sanitation

7. Exceptions to Statewide Prohibitions Private club is a country club or organization that: maintains selective members is operated by the membership provides food or lodging for payonly to members or member�s guests is a nonprofit corporation

8. Expanded Local Authority 2 new types: local government grounds all unenclosed areas owned, leased, or occupied by a local government public places enclosed areas to which the public  is invited or permitted subject to many exceptions� We made a strategic decision NOT to address local authority in detail during this webinar but rather to focus our attention on implementation of the new statewide prohibitions. We recognize that some jurisdictions are talking about this expanded authority� We made a strategic decision NOT to address local authority in detail during this webinar but rather to focus our attention on implementation of the new statewide prohibitions. We recognize that some jurisdictions are talking about this expanded authority�

9. Exceptions: Local government cannot restrict smoking in: Private residence Private vehicle Tobacco shop Premises of a tobacco grower, dealer or processor Designated smoking room in a lodging establishment (no greater than 20% may be designated smoking guest rooms) Cigar bar A private club An actor portraying tobacco use in a motion picture, television, theater or other live production NOTE: All local regulations adopted by a local board of health after July 1, 2009 must also be approved by the local County Commissioners.

10. How will NC public health and NC businesses implement the new law? Layton Long, ChairAdhoc Committee on HB2 ImplementationNC Association of Local Health Directors THE NEW NC SMOKE-FREE RESTAURANTS AND BAR LAW WHAT LOCAL HEALTH DIRECTORS NEED TO KNOW FOR IMPLEMENTATION Also acknowledge: Jim Martin, MS Ann Houston Staples, CHTHE NEW NC SMOKE-FREE RESTAURANTS AND BAR LAW WHAT LOCAL HEALTH DIRECTORS NEED TO KNOW FOR IMPLEMENTATION Also acknowledge: Jim Martin, MS Ann Houston Staples, CH

11. What constitutes compliance? A person in charge of a restaurant, bar, or lodging establishment that is subject to the new law must: Post the required no-smoking signs in conspicuous locations. Remove indoor ashtrays and other smoking receptacles. Direct any person who is smoking to extinguish the cigarette, cigar, or other item. It�s pretty simple� Even if a restaurant, bar or lodging establishment is already smoke-free, the venue still must post the required signs and remove any remaining indoor ashtrays. � It�s pretty simple� Even if a restaurant, bar or lodging establishment is already smoke-free, the venue still must post the required signs and remove any remaining indoor ashtrays. �

12. DPH recommends this sign as in the proposed rules. The 1-800 number and website will help educate the public and the businesses about the law. The proposal for the size of the signs is 4�x6� TPCB will provide the signs, plus it can be downloaded on www.smokefree.nc.govDPH recommends this sign as in the proposed rules. The 1-800 number and website will help educate the public and the businesses about the law. The proposal for the size of the signs is 4�x6� TPCB will provide the signs, plus it can be downloaded on www.smokefree.nc.gov

13. The Law Proposed Rules Frequently Asked Questions Tools for Businesses Educational Materials

14.  The vast majority of restaurants and bars will comply.  The person who owns, manages, operates, or controls a restaurant or bar where smoking is prohibited is responsible for compliance.  Customers should ask the manager to comply with the lawThe vast majority of restaurants and bars will comply. The person who owns, manages, operates, or controls a restaurant or bar where smoking is prohibited is responsible for compliance. Customers should ask the manager to comply with the law

15. A Complaint-driven System of Enforcement If a manager does not take action, complaints can be registered by:  Calling CARE-LINE: 1-800-662-7030 Visiting www.smokefree.nc.gov Contacting the local health department Both the toll-free number and the website have the DENR restaurant database back loaded to help ensure accuracy and to provide contact information Both the toll-free number and the website have the DENR restaurant database back loaded to help ensure accuracy and to provide contact information

16. LHD Staff: Summary Roles & Actions LDH may act to ensure compliance through: Educating public business Promoting the benefits of the new law Providing technical assistance to businesses Verifying complaints Documenting violations Imposing administrative penalties

17. Restaurant owners, managers, and staff are responsible for compliance The vast majority of restaurants and bars will comply The vast majority of restaurants and bars will comply. The onus of compliance is on the restaurant itself. If someone is smoking in a restaurant, customers should ask the manager to ask the customer to put the cigarette out or take it outside. The vast majority of restaurants and bars will comply. The onus of compliance is on the restaurant itself. If someone is smoking in a restaurant, customers should ask the manager to ask the customer to put the cigarette out or take it outside.

18. Questions? For more information, See the School of Government publications and Webinar series at: http://www.sog.unc.edu/programs/ncphl/SmokingRegulation/index.htm Go to: www.smokefree.nc.gov In early October 1, 2009