A kick in the nuts due to new law....

[NCRadioMan]

Originally Posted by andysutherland

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.

[Mr. Ed]

Originally Posted by Chris.

Exactly how I stand on it. I don't think smoking should be okay in restaurants unless you are sitting outside on a porch/patio and there are no kids around. A bar, is a place where people get drunk and wild anyways, so why not smoke? You don't bring your damn kids to a bar. If you don't want to be around smoke, don't go to a bar. And to impose these laws on businesses that rely on tobacco sale and allowing their customers to stay and smoke/drink/hang out is ridiculous and detrimental to tons of B&Ms.

You need to stop typing right now! You're making too much sense!

No smoking in a B&M is a damn shame,. I've become accustomed to smoking bans and realize they are likely a permanent fixture for the future, but Tobacco shops? Really? After a few complaints? What's happening in NC?

[Starscream]

Originally Posted by NCRadioMan

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.