Local businesses await word on smoking-ban waivers

The Press Republican ^ | 1/12/03 | DENISE A. RAYMO

[qam1]

ROUSES POINT — Rodney Wright is trying to gain non-smoking customers at Rouses Point American Legion Post 912 by hosting teen dances on Fridays.

He blames the state’s six-month-old smoking ban for a drastic drop in business and has applied for a waiver to allow people to light up in the club again.

Signed into law by Gov. George Pataki in April and started on July 24, the Clean Indoor Air Act was designed to protect employees from second-hand smoke by banning smoking in all restaurants, taverns and nightclubs, as well as all places of employment.

Some business owners strongly oppose the ban, claiming it is ruining their livelihood and could force them to close.

LOCAL WAIVERS In 21 counties, the State Department of Health oversees the waiver process, through which business owners who can prove they were harmed by the ban can gain temporary permission to allow smoking.

Among those counties are Essex and Franklin, where the Saranac Lake Health Department is charged with enforcing the rules.

It in unclear right now how many businesses in those two counties have applied for waivers because State Health Department officials in Albany said it would take at least 30 to 60 days to respond to a Press-Republican Freedom of Information Act request for that information.

However, the Clinton County Health Department is in one of the counties that handles the process itself.

Clinton County Health Department officials said 18 informal and two formal waiver applications have been received.

The two formal applications are from the Rouses Point American Legion and V. Fraas USA Inc., a hat, glove and scarf manufacturer in the Air Industrial Park in Plattsburgh.

The Fraas application was denied last month, but the American Legion’s is still pending, according to John Kanoza, director of the Environmental Health Unit of the County Health Department.

BUYING TIME Kanoza said the waiver application costs $250.

If granted, waivers are valid for only one year. Each waiver requires the owner to fully comply with all facets of the Clean Indoor Air Act within that year.

If not in compliance by then, the business is unlikely to get a second waiver to buy more time, Kanoza said.

The compliance rules first released in November told owners they had to prove:

â That they have suffered at least a 15-percent drop in sales during a three-month period since the smoking ban was enacted, compared to sales for the same period the previous two years.

â That building improvements that would make the air on the same quality level as a smoke-free work site took place before the ban went into effect. That could include the addition of a designated smoking room or installation of an air-filtration system.

â That "exceptional circumstances," such as unreasonable safety or security issues, occurred because a business complied with the smoking ban and lost business.

But Kanoza said the 15-percent threshold is not set in stone and that other aspects of the law will change as legal challenges arise.

"We’re still in the toddler stage of this," he said.

Clinton County applicants denied a waiver can appeal to the county’s Board of Health.

LOST FUNDS Wright, who is commander at the American Legion, said his club fits the bill for a waiver.

"We’ve lost 22 percent of our business, and we’ve lost on our bell-jar fund proportionately. The bell-jar money is what we donate to charity."

He said the losses mean the legion will have trouble supporting the Salvation Army, the American Red Cross and the Muscular Dystrophy Association as it has in the past.

Other charitable organizations in the community, such as the village’s Fourth of July Parade Committee, might not receive the legion’s usual $700 donation.

He said the legion also helps with the cost of some sports programs at Northeastern Clinton Central School.

"It’s frustrating, I’ll say that," Wright said of the procedure he has to follow in order to keep the doors of the club open.

"Maine just passed legislation to allow American Legions and other fraternal organizations waivers," he said. "We don’t have a restaurant; we have a bar. People want to come to the bar, and they want to smoke."

Wright said he’s had to let a part-time bartender go and has opened the bar fewer days a week since the smoking ban took effect six months ago.

"We’re closing and cutting back on hours.

"We’re trying to cater to the younger crowd out there by holding dances and bringing a deejay in on Friday nights," he said. "We’ve had four in the past two months, and we’re keeping our head above water."

Wright said the seven-page formal waiver application was tedious, "but hopefully there will be some reprieve.

"I think they are waiting to act on it until they get more directive from Albany," the commander said. "They don’t want to grant a waiver to me with four other bars in Rouses Point. It wouldn’t be fair."

Kanoza said the legion’s application does not include details for the protection of non-smokers.

"It’s good they are trying to go for a younger crowd, but if they’re granted a waiver, these younger people who have been coming are to do what? They could be subjected to second-hand smoke.

"It’s good he’s doing things like this, but it’s a double-edged sword," Kanoza said.

Part of the problem with waiver requests, he said, is that they are not detailed enough and do not include equal treatment for non-smokers.

For example, if a business installs a smoking room for some employees, it must spend just as much on break-room facilities for non-smokers and ensure that all Clean Indoor Air Act provisions are followed.

That’s why the Fraas application was denied, he said.

"So you really need to put a lot of thought into this. You have to think about how you would comply and make a case for yourself in writing."

Wright said the American Legion doesn’t need a bar to make money or to be part of the community, but the club is the only place that gives area veterans a place to socialize.

"We’re the largest fraternal organization in the country, and not only are we a charitable organization, we help the veterans and their families," Wright said.

"I think, in time, they (the state) will let fraternal organizations be exempt."

[qam1]

waiver application costs $250.

What crooks!!

[Gabz]

What is even more crooked is the selective enforcement of this and other smoking bans.

Signed into law by Gov. George Pataki in April and started on July 24, the Clean Indoor Air Act was designed to protect employees from second-hand smoke by banning smoking in all restaurants, taverns and nightclubs, as well as all places of employment.

However it is only bars, taverns, and other places that serve alcohol that can lose their license to do business for violations.

The Delaware smoking ban also allows for waivers/exemptions, but as far as I know none have been granted. For criminy sakes they even denied the Catholic Church a waiver for bingo night in the parish I lived in.

Some of the Senior Centers have cut back services they offered because since the ban their bingo revenues have all but dried up.

But the Fraternal groups and volunteer fire companies are completely exempt from the ban and their bingo nights are booming.

[SheLion]

He blames the state’s six-month-old smoking ban for a drastic drop in business and has applied for a waiver to allow people to light up in the club again.

What KIND of waiver is he TALKING about?  The nico-nazi's pretty well have all their bases covered.  There can BE no waivers.

Gov. George Pataki - biggest RINO in New York!

Some business owners strongly oppose the ban, claiming it is ruining their livelihood and could force them to close.

If they only knew.  If they had ONLY paid attention!

 

It in unclear right now how many businesses in those two counties have applied for waivers because State Health Department officials in Albany said it would take at least 30 to 60 days to respond to a Press-Republican Freedom of Information Act request for that information.

Can anyone tell me your theory on how these Health Coalitions gained so much power, to be able to go into privately owned business and tell them how to RUN IT? I know they are being paid by the smokers that pay taxes on cigarettes in the state.  But that money was to be used for uninsured sick smokers, should there BE any, and for prescription drugs and to help the sick kids.  I know the MSA money can be used anyway the anti's desire, but the MSA has created MONSTERS that want to control every smoker in at least 5 states in the Union.

"Maine just passed legislation to allow American Legions and other fraternal organizations waivers," he said. "We don’t have a restaurant; we have a bar. People want to come to the bar, and they want to smoke."

With some exceptions: Private organizations, many of which offer their own private lounges, are mostly exempt from the law, with some exceptions. For example, the clubs must be nonsmoking unless their employees are volunteers or if they are paid employees and they all agree to allow smoking to remain.

Maine: ME Government is choking Maine's economy with the total smoking ban

They could be subjected to second-hand smoke.

OH HEAVEN FORBID THEY SHOULD INHALE SECOND HAND SMOKE! PARISH THE THOUGHT! barf alert

 

[lockjaw02]

I only have one word for these control freaks, and my mama taught me NEVER to say it in public.

[Gumption]

Devil on your left shoulder "Say it! SAY IT!!"

[BriarBey]

Prohabition didn't work, this won't either altho they will do alot of damage in the meantime. Have you all noticed the alcohol ads back on tv? Not only beer but now liquor.
A drunk person killing is obvious but to make the claims they make on second hand smoke is ridiculous. There are to many varibles to prove it with any accuracy. Its all guess work and A MONEY GRAB!!! People are being TAUGHT to be busy bodies, judgemental, and controling. Just look at what is happening to christianity in this country. How long before being a christian is being a bigot, and you are fined and jailed for it. Pandora's box is open and the people in this country will go with it or reap the whirlwind. I have a feeling I will be reaping the whirlwind. Anyone seen ToTo? :)

[Great Dane]

You ain't heard nothin yet, my husband told me that golf clubs here has smoking rooms and evil ashtrays, I was wondering why that was allowed... now I know, our glorious Mayor and his brothers owns a golf course, guess they didn't want to lose money, since they can't even pay their taxes, they owe $127.000 in property taxes...... thats selfserving politicians for you.

[Gabz]

Most of the golf clubs in Delaware are also exempt under the Delaware ban because they fall under the category of private clubs.


But I definitely agree with you about the self serving politicians.

[Tumbleweed_Connection]

The left is so good at whining about problems before they occur, allow them to destroy their own economies with their legislation and explain failure later.

[lockjaw02]

Heh, heh. Believe me, I'm tempted.

[Conspiracy Guy]

Ah, the screws twist rapidly. Ban smoking then sell waivers. Brilliant in it's simplicity. Never underestimate the criminal mind of the public servant.

CG