The smoking ban goes live

Questions about the state's new smoking ban can now be answered online at www.smokefree.nc.gov.

The state recently launched the new site to help business owners and the public better understand the law that will ban smoking in 24,000 restaurants and bars starting Jan. 2, 2010.

"Our goal is to make sure North Carolina's families and businesses have the information they need about the hazards of second-hand smoke and how to implement the new law," Gov. Beverly Perdue said in a prepared statement.

Some bar owners, in particular, have expressed confusion over the law.

The site offers data on the health hazards of smoking, resources for smokers who want to quit and tools for business operators adapting to the new law. They can print a 'No Smoking' sign. A packet of information is scheduled to be mailed out soon to the affected businesses.

Information is also available at 1-800-662-7030.

Holliman recognized for smoking bill

Rep. Hugh Holliman has received an award from the American Cancer Society Cancer Action Network for his work in helping to pass a ban on smoking in bars and restaurants.

The law followed years of unsuccessful attempts at a smoking ban for Holliman, a Lexington Democrat and lung cancer survivor

The annual award is given to lawmakers who demonstrate solid, consistent leadership in the area of cancer-related public policy advocacy. The network is a nonprofit, nonpartisan advocacy organization that encourages government officials and candidates to support laws and policies that would make cancer a top national priority. 

"Rep. Holliman’s leadership was the key factor in securing a smoke-free law for North Carolina," said Ashley G. Bell, North Carolina Government Relations Director for the American Cancer Society. "He made this lifesaving legislation a personal priority and ensured its passage and ultimate signing by the governor."

The law, which requires all restaurants and bars to be smoke-free, goes into effect on January 2, 2010. With this measure, North Carolina is the first major tobacco growing state to have a 100 percent statewide smoke-free restaurant and bar law.

Smoking ban simple on details

The proposed rules for implementing the state's historic ban on smoking in restaurants and bars are pretty simple, and there are only two.

Staffers for the N.C. Commission for Public Health, which must ultimately approve the rules, held a hearing Thursday for public comments and questions on the rules. Only a couple procedural questions arose among the small crowd.

The first proposed rule is that cigar bars, which are exempt, must file an affadavit every quarter verifying that they meet the requirements for operating as a cigar bar. (The requirements in the law include: 60 percent of gross revenue comes from alcohol, 25 percent from cigar sales and a humidor is on the premises.)

The second proposed rule says restaurants and bars must post no smoking signs at each entrance, at a height and location easily seen. The signs (proposed template above) must be at least 24 square inches, such as a 4-inch by 6-inch sign, be legible and include three pieces of information: the Division of Public Health's toll-free complaint line, the statute number for the law and the Web site www.smokefree.nc.gov.

The law takes effect Jan. 2.

Prison smoking, cell phone ban passes

A bill that would ban the possession and use of tobacco products and cell phones in state prisons received final legislative approval today and is on its way to the governor's desk.

The prison smoking ban comes at the request of the N.C. Sheriffs' Association, which asked that a statewide smoking ban in some public areas be extended to prisons.

The cell phone component grew out of a story in The News & Observer that highlighted problems that have occurred in North Carolina and other states when inmates have used cell phones to set up attacks on each other, coordinate escapes and continue to run illegal enterprises outside of prison.

The ban passed the House on Wednesday despite objections that it was another blow to the tobacco industry, which has taken major hits this year with the statewide ban in bars and restaurants and a tax increase in the state budget.

Perdue signs smoking ban

Gov. Beverly Perdue signed into law a sweeping ban on smoking in most bars and restaurants across the state.

Perdue signed the bill in the old House chamber in the state Capitol as more than 125 lawmakers, advocates and guests looked on and cheered.

"This is really in no exaggeration of the word an absolutely historic day for this great state that was built initially on the backbone of tobacco," Perdue said.

The smoking ban takes effect in January and applies to the inside portions of nearly all bars and restaurants. There are narrow exceptions for cigar bars, and private clubs such as country clubs and VFW halls.

Rep. Hugh Holliman, a Lexington Democrat, who has been pushing for a smoking ban for five years, began with a bill that would ban smoking in all indoor public places. He said he was proud of the new law.

"I think this bill is a huge step forward for public health," Holliman said.

Smoking ban heads to governor

The House narrowly agreed to the Senate version of a smoking ban, sending to the governor a bill that would ban smoking in bars and restaurants.

"This bill has come a long way," said Rep. Hugh Holliman, the House Democratic leader and champion of the bill. "It's had a much debate as any bill has ever had in this state."

Gov. Beverly Pedue is expected to sign the bill into law. It's a law that might have been unthinkable just a few years ago in a state built on the tobacco industry.

The bill was approved 62 to 56. The original House version allowed smoking only in businesses that prohibited anyone under 18 from entering the premises. That exception generally excluded all bars from the ban. Restaurants complained that the exception would give bars a competitive advantage.

But the version adopted by the Senate removed the section of the bill that applied the ban to all workplaces.

Holliman said the compromise was "probably as good as you're going to do on a bill that's as far reaching as this." He held open the possibility that he would take another run at all workplaces later.

Opponents said the bill was an infringement on personal rights.

"This is about the freedom and rights to do on your property what you see fit," said Rep. David Lewis, a Dunn Republican.

Update: In a statement, Gov. Beverly Perdue called it "an important and historic day for North Carolina."

"I have vigorously supported efforts to reduce and eliminate smoking and this bill will help more North Carolina citizens avoid the dangers of secondhand smoke," she said.

Rikki Tikki Tacky?

David WeinsteinSen. David Weinstein, a Lumberton Democrat, may not have boosted the chances today that the state's first female governor will appoint him as the next chairman of the state Alcoholic Beverage Commission.

Weinstein, who has said he would like Gov. Beverly Perdue to name him as the next ABC chairman, was criticizing a smoking ban bill that ultimately passed the Senate when he, presumably lightheartedly, asked another senator a question.

"Is it true," Weinstein asked, invoking Rudyard Kipling, "That a woman is only a woman, but a good cigar is a smoke?"

Smoking ban clears House

The House adopted a bill today that would ban smoking in restaurants and workplaces across the state.

The bill would not ban smoking in most bars. It cleared the House 72 to 45 and now moves to the Senate, reports Benjamin Niolet.

Supporters fended off an amendment that would have made enforcement nearly impossible.

Under the current bill, business owners would get two warnings before a fine would be issued.

The bill was amended today to allow smoking in private, nonprofit clubs such as country clubs or VFW halls.

On Wednesday, the bill, which was proposed as a near total public smoking ban, was weakened to allow smoking in most bars and nightclubs.

That change drew the opposition of a restaurant group that fears bars would draw customers away from restaurants. The group says it will now fight the ban.

Smokers a big part of Players' business

The Players' Retreat gets half its business after 10 p.m.

The Raleigh institution is a popular with customers who want to shoot a game of pool, drink and have a cigarette at night said, Gus Gusler, owner of the business. If he has to ban smoking while a nearby bar allows it, his smoking customers will leave.

The Players' Retreat also offers family dining — kids eat free on Sundays. The current smoking ban bill would require Gusler to either ban smoking in his establishment or ban children from the building. 

"I was worried somebody was going to slide something at the last mintute," said Gusler, whose mother died of a smoking-related heart problem about 16 years ago.

"I've never taking a draw off a cigarette in my life and I completely, 100 percent supported the bill in its original form with no exemptions," he said. "Now I will do anything I've got to do to stop the exemption because it's going to put me out of business."

Restaurants will now fight smoking ban

The restaurant association will fight the House's smoking ban bill.

The association had previously agreed to remain neutral, provided the ban applied equally to bars and restaurants. The bill that cleared the House Wednesday night excluded most bars from the smoking ban.

"It's pretty clear. We now strongly oppose the bill," said Paul Stone, president and CEO of the North Carolina Restaurant and Lodging Association. "It creates a significant amount of unfairness. There are plenty of family friendly places that also have active bars later at night."

The association's lack of opposition was key because it helped refute a key argument against the ban — that restaurants would lose business if diners could not smoke. 

The association helped kill a similar bill last year. 

"We perfer actually that nothing is passed. Even if the Senate passes something without that amendment, then it goes into conference and it's really hard to know how it's going to turn out," Stone said. 

Stone said that the state has 16,000 restaurants and 8,000 of them serve alcohol. 

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