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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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Enforcement Issues

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Enforcement issues

Enforcement Issues

The Boston Experience: May 2003

The Massachusetts Experience: July 2004


Enforcement issues

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"


Enforcement issues

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


Enforcement issues

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


Enforcement issues

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


Enforcement issues

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


Enforcement issues

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


Enforcement issues

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


Enforcement issues

Evidence for Enforcement

  • Determine level of evidence:

    • actual smoking versus

    • evidence of smoking


Enforcement issues

Private Clubs

  • May destroy your "Level Playing Field"

  • Problem: private clubs act like public bars

  • Solution: private clubs act like private clubs


Enforcement issues

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


Enforcement issues

Other problems that are still a work in progress…

  • Tobacconists

  • Cigar Bars

  • Warehouses

  • Municipal Buildings & Vehicles

  • Outside Spaces


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