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Old 01-02-2010, 09:59 PM   #1
Starscream
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Default Re: A kick in the nuts due to new law....

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Originally Posted by NCRadioMan View Post
Yep. A b&m has to be in a free-standing building with no other stores joining it. A no smoking b&m is more common than most think. This new law was passed back in June.
I remember when this one passed. I thought a business could pay a $200 fine and not worry about it for a while.
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It happens when people don't pay attention to what their fascist gubment is doing to them. This state has been in trouble for a while. I can't tell you how many people I have spoken with in the past few days that knew nothing of the new law.
No offense to any of you yankees here at CA (I love you all, even the Massholes), but NC has had way too many carpetbaggers move into this state over the past two decades. They brought the no-smoking and other legislation with them.
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That's what I'm using, works great. Lowes has them for around eighty bucks.
I'll have to check into one of these.
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Old 01-04-2010, 01:08 PM   #2
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Default Re: A kick in the nuts due to new law....

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Originally Posted by andysutherland View Post
I remember when this one passed. I thought a business could pay a $200 fine and not worry about it for a while.
Not exactly.

Individuals will be fined $50.

Businesess:
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.
Second violation. – Provide the person in violation with written notice of the person's second violation and notification of administrative penalties to be imposed for subsequent violations.
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."

So after 2 warnings, they can be fined as much as $200 each day they are caught in violation.

Here is the law: http://www.ncga.state.nc.us/Sessions...e/PDF/H2v8.pdf

130A-496. Smoking prohibited in restaurants and bars.
(a) Notwithstanding g Article 64 of Chapter 143 of the General Statutes, smoking is prohibited in all enclosed areas of restaurants and bars, except as provided in subsection (b) of this section.

(b) Smoking may be permitted in the following places:
(1) A designated smoking guest room in a lodging establishment. No greater than twenty percent (20%) of a lodging establishment's guest rooms may be designated smoking guest rooms.
(2) A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A cigar bar that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. To qualify under this subsection, the cigar bar must satisfactorily report on a quarterly basis to the Department, on a form prescribed by the Department, the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue. The Department shall determine whether any additional documentation is required of the cigar bar to authenticate or verify revenue data submitted by the cigar bar. This subdivision shall not apply to any business that is established for the purpose of avoiding compliance with this Article.
(3) A private club...............................

(3) A tobacco shop if smoke from the business does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A tobacco shop that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the tobacco shop and smoke from the shop does not migrate into an enclosed area where smoking is prohibited pursuant to this Article.


If the neighbors don't complain, everything is good when in a strip mall. But it will only take a couple of complaints then they will be screwed. So any smoke nazi can complain and "win" even if there is no real bleed over of smoke.
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Old 01-04-2010, 05:50 PM   #3
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Default Re: A kick in the nuts due to new law....

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Originally Posted by NCRadioMan View Post

So after 2 warnings, they can be fined as much as $200 each day they are caught in violation.


That sucks, but makes a lot more sense than what I thought was a one time $200 fee.
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