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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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Presentation Transcript
slide1

Enforcement Issues

The Boston Experience: May 2003

The Massachusetts Experience: July 2004

slide2

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"
slide3

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
slide4

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
slide5

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
slide6

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
slide7

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
slide8

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
slide9

Evidence for Enforcement

  • Determine level of evidence:
    • actual smoking versus
    • evidence of smoking
slide10

Private Clubs

  • May destroy your "Level Playing Field"
  • Problem: private clubs act like public bars
  • Solution: private clubs act like private clubs
slide11

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
slide12

Other problems that are still a work in progress…

  • Tobacconists
  • Cigar Bars
  • Warehouses
  • Municipal Buildings & Vehicles
  • Outside Spaces
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