Posted on 04/05/2005 4:05:33 PM PDT by SheLion
State health officials and several lawmakers are pushing to close loopholes that allow smoking in clubs and workplaces.
The proposed legislation pleases many bar owners, who say they've lost customers to private clubs since Maine took the smoke out of taverns in 2004.
It also suits groups such as the American Lung Association and the American Cancer Society, who claim many Mainers are exposed to secondhand smoke at work despite groundbreaking legislation passed by the Legislature 20 years ago.
"Even here in Maine, workplace smoking remains an issue," said Dr. Dora Mills, director of the Maine Bureau of Health. "Our surveys indicate that nearly 50,000 adults in Maine are employed in workplaces where smoking is allowed."
Maine passed a law in 1985 prohibiting smoking in private workplaces. But the Workplace Smoking Act also contained a loophole that survives today: A workplace can opt out of the rule if employees unanimously agree.
Indoor smoking also can still occur in private clubs such as the Elks Club and the American Legion, if their employees OK it. All these exemptions came, in part, from lawmakers' reluctance to regulate what happens in private establishments.
But bar owners say minimal entrance requirements at some private clubs make them the equivalent of public taverns. Sen. Peter Mills, R-Skowhegan, agrees. He supports the legislation authored by Sen. Karl Turner, R-Cumberland, that would close the loophole.
"The commercial bars are dying," Mills said. "It's dreadfully unfair."
The bill -- "An Act to Promote Parity in the Laws Governing Smoking in the Workplace" -- would prohibit smoking at any business or club with paid employees.
Clubs that rely on volunteer labor would not be affected.
Opponents said the legislation would be an unwise -- and perhaps unconstitutional -- infringement on private personal choice. Others said the legislation would drain private clubs of members, affecting even the charity work they conduct.
"What you're discussing would hurt us more than we've ever been hurt before," said Donald Simeone, legislative chairman for the American Legion.
Supporters of the legislation believe many workers are told to accept smoking or find another job. While the law prevents such coercion, they say it's hard for workers to oppose a boss or foreman who smokes.
"We are a state that has a lot of businesses," said Ed Miller, president of the American Lung Association of Maine. "And in a small business, being a problem can mean being unemployed."
Maine has been aggressive toward smoking. The 1985 law was among the first of its kind, as was 1993 legislation that banned smoking in public places, including restaurants. Despite the 1993 law, many restaurants continued to allow smoking by operating under a tavern license.
The state closed that loophole on Jan. 1, 2004, when legislation went into effect prohibiting smoking in bars. Maine was the fifth state to ban tavern smoking, after California, Delaware, New York and Connecticut.
Proponents of that law say it's been beneficial for the health of bar and restaurant employees. But bar owners told the committee the ban has put them at a competitive disadvantage.
"I can barely pay my bills now, which never happened before," said Paul Lambert, a Portland bar owner who said he's lost customers to a nearby private club.
A public hearing on the proposed legislation was held Monday by the Legislature's Health and Human Services Committee.
Chris Churchill -- 623-3811, Ext. 431
cchurchill@centralmaine.com
How about we take away Maine's billions of dollars being fed in by the Maine smoker's who pay state taxes on cigarettes?!
Do away with the Tobacco Settlement Money for Maine all together. After all, Dr. Dora Mills can find another job, right?!
Isn't it interesting how with all the settlements against "big tobacco" it still costs $$$ for such items as nicorette, welbutrin and other smoking cessation aids. There's no money to actually help you quit, but there's loads of money to tell you how bad it is, and that you should quit. Not to mention money for bottom feeders, lawyers and politicians.(redundant)
Here is what Maine smokers pay into the state economy. And this is how the Maine Board of Health created jobs for Partnership! With Maine smoker's tax dollars. I think this is ONE office that the Governor can do AWAY with!
PARTNERSHIP FOR A TOBACCO FREE MAINE IS CHOKING MAINE'S ECONOMY. LOSS OF JOBS, LOSS OF BUSINESSES.
Maine Information
Maine Rights: Forces Maine
A public yahoo group for anyone who wants to talk about the Maine smoking ban situation.
Check it out if you plan on vacationing in Maine and if you are a smoker.
Outside decks for smokers in northern Maine just won't cut it!
Bravo's Mexican Restaurant in Augusta is one outlet that built a patio specially to accommodate smokers.
Taverns brace for smoking ban in different ways.
Tobacco Taxes
Maine's excise tax per pack of cigarettes: $1.000
Maine's excise tax collection for the fiscal year ending June 2002: $95,006,000 Sales tax on tobacco products: 5.00% Federal excise tax per pack of cigarettes: $0.39 Total federal excise tax collections in fiscal year 2002: $7,512,700,000 Click here for the Cigarette Tax and Payment Table for all states.
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Number of six-packs of beer that must be sold in Maine to produce the same state excise tax revenue generated by one carton of cigarettes: 50.8 |
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Number of bottles of wine that must be sold in Maine to produce the same state excise tax revenue generated by one carton of cigarettes: 84.1 |
A summary of Maine state law is provided below
(for specific questions regarding state law, contact your legal advisor.)
| Minimum Age | Customers must be 18 years or older to purchase tobacco products. Knowingly selling or furnishing or offering to sell or furnish tobacco products to persons under age 16 constitutes "endangering the welfare of a child." Violators are subject to imprisonment for 1-3 years. It is a defense if the defendant is the parent or guardian and tobacco is furnished in the defendant’s home or presence. Tobacco products may not be sold to any person under 27 unless the seller first verifies that person’s age by means of reliable photographic identification containing the person’s date of birth. |
| Restricted Products | Any form of tobacco and any material or device used in the smoking, chewing or other form of tobacco consumption, including cigarette papers and pipes. |
| Acceptable Forms of Identification | Identification card or driver’s license bearing the photograph of the operator. |
| Fine/Penalty Schedule for Selling to Minors | The sale or distribution, to persons under age 18 is prohibited. Violators may be fined $50 - $1500 per offense. Any person who employs someone who violates these laws may be fined $50 - $1500. |
| Affirmative Defense | It is an affirmative defense to the unlawful sale or distribution that the seller reasonably relied upon fraudulent proof of age presented by the purchaser. Seller may refuse to sell tobacco to any person who fails to display proper identification upon request. |
| Minor Possession | The purchase, possession or use of tobacco products, including cigarette rolling papers, by minors is prohibited. Violators will be subject to a $100 - $300 fine and/or community service for the first offense, a $200 - $500 fine and/or community service for the second offense, and a fine of $500 and/or community service for subsequent offenses. A person under 18 years of age may not offer false identification in an attempt to purchase a tobacco product or to purchase, possess or use cigarettes, cigarette papers or any other tobacco product. A person under 18 years of age may transport cigarettes, cigarette papers or tobacco products in the original sealed package in a motor vehicle if the transportation is in the scope of that person's employment. |
Sign Requirement |
State law requires retailers to conspicuously post a sign (with letters at least 3/8 inch in height) stating that sales to minors are prohibited. Failure to post the required sign will result in a fine of $50 - $200. The Department of Human Services provides signs at cost. |
| Compliance Checks | As a condition of receiving federal substance abuse block grant funds, federal law requires the State of Maine to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. The Office of Substance Abuse coordinates the inspections. |
| DISCLAIMER: This information summary is provided as a service of the Coalition, but is not intended to provide legal advice or analysis. These summaries are not intended to be complete representations of state law, which may contain additional rules and restrictions relating to tobacco products not mentioned in this summary, as well as retailing prohibitions related to matters including, but not limited to, state required training, minimum pack size, the sale of loose cigarettes and other restrictions. Retailers should not rely on these summaries as complete or accurate descriptions of applicable federal, state or local law. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from state law. These summaries are not intended to be complete representations of state law. | |
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The reprinting of this information from the Coalition, does not constitute a representation or admission by RJRT that such information is accurate, complete, or a proper characterization of the laws concerned. The Coalition for Responsible Tobacco Retailing is a cooperative effort among retailers, wholesalers and manufacturers who share a common goal: to do all they can to prevent tobacco sales to minors.
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That is one big reason for the war on the smokers. Big Pharm got into the picture and they want to make money.
They want smokers to quit so we will buy their very expensive nicotine patches and gum.
When are you going to move outta that socialist training ground?
If so, this news absolutely sucks! :(
The more time that goes by, the more I do not want to locate back there. Very sad.
One of my favorite lines from MP and it applies to the A-holes in this article, especially the A-holes with the (R) after their names.
Still a couple local bars here in Durango that the smoke gnatzis haven't screwed up, but it's just a matter of time. I don't go out at all, unless it's a very special occasion...the establishments that caved to the gnatzis will see none of my money.
FMCDH(BITS)
If so, this news absolutely sucks! :(
The more time that goes by, the more I do not want to locate back there. Very sad.
Yes. And you see what is running Maine: an old dishwasher for a Governor, RINO's and the Maine Board of Health.
And the Maine smoker's are paying for this abuse with the taxes we pay on Maine cigarettes!
It's a long story, but I'm pretty dug in here now.
Thank God I have my own home and can shut most of this garbage out. Most of the lawmakers in Maine leave an awful lot to be desired.
Does this mean Baldheadcheese is in bed with big pharm? No. It can't be, no dem would do something that dastardly. /sarc
Going against the wishes of our President, the Maine lawmakers and the Maine Board of Health are still digging in to prohibit ALL business owner's into a forced smoking ban.
"The role of government is not to create wealth.
The role of government is to create an environment
in which the entrepreneur or small business or
dreamer can flourish. And that starts with rule of law,
respect of private property, less regulatory burdens on the
entrepreneur, open banking laws so that all people
have access to capital, and good tax policy."
President George W. Bush
St. Petersburg University,
St. Petersburg, Russia
May 25, 2002
Nor mine!
And I can see who runs the Governor's office:
DR. DORA MILLS!
Actually, looks like he is in bed with Dr. DORA MILLS. It must be HER that is running the STATE!
Nam Vet
Maine is all screwed up.
And the tourist area's are going to be hurting as well. No smoker wants to come here anymore. Spend all that money and can't relax?
They won't do it.
Funny, I thought his wife ran the show. Remember his "fall" and the broken ribs? Yeah right. She beats the crap outa him. And you know, seeing what he's done to this state so far, he deserves it.
Well, he is a little Hitler. The power has gone to his head.
I can't find a picture of Dr. Dora Mills. I bet 'that' would be a good one. heh!
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