Today the smoking ban passed both NC houses and has been sent on to Beverly Perdue for signing into law.
Restaurants, bars, and other businesses will be required to be smoke free, while private clubs (see comments below) and cigar bars are not effected by this law. Republicans are calling it a violation of rights and democrats are saying its a big win for personal rights. Who’s right here?
“This is about the freedom and rights to do on your property what you see fit,” said Rep. David Lewis, a Dunn Republican.
Update: In a statement, Gov. Beverly Perdue called it “an important and historic day for North Carolina.”
“I have vigorously supported efforts to reduce and eliminate smoking and this bill will help more North Carolina citizens avoid the dangers of secondhand smoke,” she said.
” “Private club”. – A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member’s guest, and is either incorporated as a nonprofit corporation in accordance with Chapter 55A of the General Statutes or is exempt from federal income tax under the Internal Revenue Code as defined in G.S. 105‑130.2(1). For the purposes of this Article, private club includes country club.”
A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited shall:
(1) Conspicuously post signs clearly stating that smoking is prohibited. The signs may include the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
(2) Remove all indoor ashtrays and other smoking receptacles.
(3) Direct a person who is smoking to extinguish the lighted tobacco product.
(b) Continuing to smoke in a nonsmoking area described in this Part following oral or written notice by the person in charge of the area or the person’s designee constitutes an infraction, and the person committing the infraction may be punished by a fine of not more than fifty dollars ($50.00).
(c) Conviction of an infraction under this section has no consequence other than payment of a penalty. A person found responsible for a violation of this section may not be assessed court costs.
(d) Notwithstanding G.S. 130A‑25, a violation of this Part shall not be punishable as a misdemeanor.
A local health director may take the following actions and may impose the following administrative penalty on a person who manages, operates, or controls a public place or place of employment and fails to comply with the provisions of Part 1C of Article 23 of this Chapter or with rules adopted thereunder or with local ordinances, rules, laws, or policies adopted pursuant to Part 2 of Article 23 of this Chapter:
(1) First violation. – Provide the person in violation with written notice of the person’s first violation and notification of action to be taken in the event of subsequent violations.
(2) Second violation. – Provide the person in violation with written notice of the person’s second violation and notification of administrative penaltie s to be imposed for subsequent violations.
(3) Subsequent violations. – Impose on the person in violation an administrative penalty of not more than two hundred dollars ($200.00) for the third and subsequent violations.
Each day on which a violation of this Article or rules adopted pursuant to this Article occurs may be considered a separate and distinct violation. Notwithstanding G.S. 130A‑25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation.”
We have talked about this issue at length:
Our Poll on it
Pro Smoking
Anti Smoking
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