It is a new year, that's for sure. And even though sometimes Yachats seems like it's immune to the forces of civilization and society, I'm here to tell you that it is not.
Along with the new year comes several new laws that will affect local businesses, and residents of Yachats. The law that will have the most effect on businesses, of course, is Oregon's Smoke-Free Workplace Law. The new law prohibits smoking in most places where people are employed. The term used is public places. Any enclosed area that is open and accessible to the public is considered to be a public place. A place of employment is "any enclosed area under the control of public or private employers that employees frequent during the course of their job".
Oregons Smoke-Free Workplace Law affects Bars, Restaurants (and any bar areas within the restaurant), Taverns, Employee Break Rooms, Private Clubs, (like the Moose Lodge.. Elks) and it also bans smoking in Employer owned vehicle's that are not exclusively operated by a single employee.
Other Businesses affected include:
- Gift Shops
- General Stores
- Commercial Office Buildings and Private Offices
- Bowling Alleys
- Commercial Mills
- Childcare Facilities
- Day Care Facilities
- Assisted Living Centers
Most motels and hotels have already banned smoking in many if not all of their rooms. There is a provision in the law that allows up to 25% of guestrooms to be designated as smoking rooms. (Should proprietor choose to make such a designation)
Many areas in the state have already enacted some form of smoking ban. Eugene, specifically comes to mind when it banned smoking in restaurants and public places a couple years back. That ordinance backfired when policymakers discovered that smokers would rather drive out of the county to enjoy a cocktail and a smoke in relative comfort, then succumb to local ordinances that only protect them from themselves.. It reminds me of an old Television Commercial... "I'd Walk a Mile for a Camel!.... "
Some of the consequences of such localized bans were that the drunk driving arrests increased in these areas, and many businesses lost substantial amounts of revenue because their "smoking clientele" took their business elsewhere. At least that part should change now since it is a statewide ban and not a localized one.
Where cities or towns have previously enacted ordinances limiting or banning smoking "the stricter standard now applies".
The state says that complying with the law is easy. "Employees should be made aware of the new law... Employers should not allow smoking within 10 feet of any entrance or exit... Smoking is not allowed within 10 feet of windows that open or air intakes for ventilation systems. "
The law requires that signs be posted within 10 feet of all entrances and exits. In addition, "smoking receptacles" like ashtrays, for example, are disallowed within 10 feet of any entrance, exit, window (that opens), air vent intakes.
Now... there are some exceptions to our new law. One can smoke in a "certified smoke shop". What exactly does that mean? It means that the Oregon Department of Human Services may certify a business as a "smoke shop" if a given business can show that 75% of its gross revenue (every fiiscal year) comes from tobacco sales. Persons under the age of 18 are prohibited from entering a smoke shop, and notice must be posted at each entrance and exit that smoking is allowed on all or some of the premises. Such businesses would not be allowed to offer video lottery, social games, or any kind of gambling. In addition a smoke shop cannot offer alcohol for consumption on premises.
Another exception to the law would be a "cigar bar". Oregon's Department of Human Services can certify cigar shops, or cigar bars if they follow certain guidelines.
To get a certification as a cigar bar, a business must:
- Sell Cigars on Site
- Have generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006
- Operate under a full on-premises liquor sales license issued by the Oregon Liquor Control Commission.
- Have a humidor on premises.
- Prohibit the smoking of all tobacco products other than cigars.
- Prohibit persons under 21 years of age from entering the premises and post notice of the prohibition at each entrance and exit
- Post signage at each entrance and exit stating that smoking is allowed on all or some of the premises
- Not offer video lottery games
- Have a maximum seating capacity of 40 people
- Have a ventilation system certified by the Assistant to the State Fire Marshal for the jurisdiction in which the cigar bar is located as adequate to remove the cigar smoke in the cigar bar and vent the smoke from the cigar bar in a manner that prevents the smoke from entering any other establishment
- Require all employees to read and sign a form published by the Public Health Division which explains the dangers of exposure to secondhand smoke.
NOTE: A state certified "smoke shop" is not allowed to sell alcohol on premises, but a state certified "cigar bar" is required to Operate under a full on-premises liquor sales license...
Smoking in motel or hotel rooms.
The owner or proprietor of a hotel or motel may designate up to 25% of sleeping rooms as smoking rooms:
- If the owner or entity in charge of a hotel or motel chooses to designate (up to but not exceeding ) 25 percent of sleeping rooms as smoking permitted, all smoking rooms on the same floor must be contiguous and the status of the rooms may not be changed, except to add more nonsmoking rooms.
- The owner or proprietor of a hotel or motel must notify clients upon check-in as to the smoking status of the rooms.
- All hotel and motel sleeping rooms must be clearly marked either smoking or non-smoking on the exterior door of the sleeping room.
- Smoking of non-commercial tobacco for American Indian ceremonial purposes. (Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996.)
Enforcement and Penalties for the Law
The state says complaints will be investigated and violations will be pursued. Such complaints may be filed by employees or the public who wish to report violations.
Penalties for an employer or business that do not comply with this new law could result in a $500 fine per day, with a maximum of a $2000 fine within the 30 day period, and multiple violations could result in "further administrative action".
So there you have it. It's not perfect but we'll have to live with it. I am not opposed to this new law, I'm actually in favor of it. I am a bit confused about the designation of the "smoke shop", or "cigar bar". These provisions in the law are obviously there because of pre-existing businesses. One can't open a new "smoke shop" because one can't demonstrate that the majority of your past revenues have come from the sales of tobacco. So in that essence, it's pointed, discriminatory, and unfair.