Cigar Ban loophole ?

M

mr.c

In a corner
Maybe this has been dicussed here before, but my understanding is that the ban is for pubic establishments a private establishment would be exempt. Soooo a bar could be "members only" charge a $1 membership fee and be exempt from the smoking ban. Right??
 
sounds like a plan to me. now that is something i woudl do in a heart beat if i owned a place. And hell 5$ or what not a year would be a STEAL, for people to come in enjoy some food, a drink and a cigar. sounds like a membership i would buy any day =]
Thanks for the topic-
 
I guess it depends on the wording in the laws.

For example, I think in California, it specifically calls out establishments that have 90% of their revenue from tobacco products can still have smoking. Which seems a bit high to me. I mean, how are you supposed to have a nice drink with your smoke when you have to buy $9 worth of cigars for every $1 worth of drinks you buy? It's easy to toss back a couple drinks with a single $10 cigar...

I don't know about Washington State (where I'm at). I've always wondered if there's a loophole around it as well.
 
mr.c said:
Maybe this has been dicussed here before, but my understanding is that the ban is for pubic establishments a private establishment would be exempt. Soooo a bar could be "members only" charge a $1 membership fee and be exempt from the smoking ban. Right??
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our laws in oklahoma read the same. i would contact an attorney if you want to start a private club. i have thought about doing the same thing.
 
I remember when the ordinance was being debated in Bloomington, IN (when I lived there), the issue of members-only laws was brought up. In the end, the ordinance included those establishments (including places like the Moose, Elks, etc.) to make it a total ban. That said, the B&M there allows smoking inside; but I'm not sure how they get around things. It's a nice idea, though, if your state/locality allows it. I'm guessing, though, that if there is a "private club" exemption it's pretty tightly regulated so as to prevent any old bar from charging a $1 yearly membership.
 
smokinpoke said:
our laws in oklahoma read the same. i would contact an attorney if you want to start a private club. i have thought about doing the same thing.
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if you do this you really need to let me know. and by the way, how bout those pokes? i don't care if they were d1-aa, returning the opening kickoff in your season opener is a hell of a way to start the season.

later,

Lee
 
Leeboob said:
if you do this you really need to let me know. and by the way, how bout those pokes? i don't care if they were d1-aa, returning the opening kickoff in your season opener is a hell of a way to start the season.

later,

Lee
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oh yeah baby it's going to be a great season. i spoke with Tatum Bells (Denver Broncos RB and former OkSt RB) parents tonight they have another son that plays here that is a lot faster than Tatum names TJ anyway they said this years team is gellin and firing on all cylinders i can't wait til we start the big games.
 
i'm with ya brother.

the last few years my wife and i haven't been able to make too many games and i'm not sure about this year yet. i hope i'm able to make it up there for at least one. but with a baby due at the end of november i don't know how much traveling we'll be able to do.

i sure do miss stillwater town.
 
The US ban is positively lenient compared to the UK thing. smoking is banned in every single public enclosed space including those, like cigar shops, that make their living [100% of sales] from tobacco. As well as this even private members clubs [where members of the public cannot go at all and members own the ntire establishment themselves] cannot have smoking inside them. I think therefore that if any ban has a loophole in it the US one will.
 
Yea I am in the NY and I have a shop like that only a couple miles away. It's $5 per day or $125 for the year with unlimited entries. Not a bad gig, they have some nice couches, a big tv, wifi, all in all a very nice place with nice people.
 
In Washington State, the smoking ban is on any place of work. Even a private club would have employees, and thus it's not allowed. It's considered the "most restrictive smoking ban in the US".

Also, smoking within 25 feet of any door or window of a public place (or a place of work). People just walking by though are exempt. But if you're standing around outside with a group of people, each one is subject to a $100 fine if they're within 25 feet of a place of business.

I don't mind smoking bans in lots of places, but I think it's stupid to say that a cigar shop can't have a smoking room, for example.
 
mr.c said:
Maybe this has been dicussed here before, but my understanding is that the ban is for pubic establishments a private establishment would be exempt. Soooo a bar could be "members only" charge a $1 membership fee and be exempt from the smoking ban. Right??
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Actually that doesn't work in NJ unless all maintenance etc. is handled by nmembers. That means you need to fix your own AC?heat, plumbing, electric, etc. if for any reason you need a non-member to come in then you lose your exemption. That, means beer deliveries etc must be left outside.
 
drawfour said:
In Washington State, the smoking ban is on any place of work. Even a private club would have employees, and thus it's not allowed. It's considered the "most restrictive smoking ban in the US".

Also, smoking within 25 feet of any door or window of a public place (or a place of work). People just walking by though are exempt. But if you're standing around outside with a group of people, each one is subject to a $100 fine if they're within 25 feet of a place of business.

I don't mind smoking bans in lots of places, but I think it's stupid to say that a cigar shop can't have a smoking room, for example.
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Wow that must be tough living in the 4th reich, pretty soon there will be no places left where smoking will be allowed and that is just :BS
 
my Bro-in-law's buddy, Milton, owns and runs the Slam Dunk sports bar a couple of miles from my house in Whittier, CA. I haven't been there recently but he got around the CA smoking ban by making all of the employees part-owners. Always been a good place to hang, but last i was there I was not really into cigars. So I don't know if cigars are allowed/appreciated or not.

Check out this review to get a feel for the place http://www.insiderpages.com/b/3711111696

when is the last time you heard of someone complaining of TOO MUCH smoking on this board? lol
 
The part owner thing might work...

However, in OH the ban includes private clubs that have public use. Like hiring out the hall for a wedding reception. Also the club cannot have any employees. At least here the private club thing won't work.

Damn.

D
 
mr.c said:
Maybe this has been dicussed here before, but my understanding is that the ban is for pubic establishments a private establishment would be exempt. Soooo a bar could be "members only" charge a $1 membership fee and be exempt from the smoking ban. Right??
Click to expand...

What happened to the good ol' days when Americans banded together to protest unjust laws, rather than succumbing to them? Why are we content to live like peasants feeding off loopholes like crumbs off a legislator's table, until they strangle every last bit of our freedom by simply "closing the ____ loophole"?

Every time I've seen a post on this issue, I have offered to join with my fellow BOTLs in an act of passive resistance by coordinating with any given business owner who will support a sit-in/smoke-in. Let the Jack Booted Thugs come in and arrest us! Let us get coverage on the 10PM news, and show that there is, in fact, a line that Americans will not let be crossed.

I sometimes wonder if the spirit of our Founders is dead, as is the story of Dr. King who overcame worse odds and greater risk with more to lose, in more difficult times.

If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen.
-- Samuel Adams, Patriot.
 
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