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Celebrating Success in North Carolina! Tobacco Prevention and Control Discussion and Reflection NCIOM and Healthy Carolinians Conference October 8, 2009 Sally Herndon Malek Jim D. Martin Layton Long Celebrating Success in North Carolina!?! Winston-Salem Journal By James Romoser and John Hinton May 14, 2009 RALEIGH -- Smoking will be outlawed in every restaurant and bar in North Carolina starting early next year. After months of vigorous debate, the N.C. General Assembly gave final approval yesterday to a bill that marks a historic break with the state's long and lucrative tobacco legacy. It makes North Carolina the first major tobacco-producing state to pass such a restrictive ban on smoking. House Bill 2: Signing Was A Celebration! Photo Credit: Ted Richardson News and Observer New Statewide Prohibitions • Restaurants Permitted establishments • Bars Permitted establishments (ABC permits) • Some lodging establishments Those permitted to serve food or drink NEW NC Smoke-free Law becomes effective January 2, 2010 What the new NC law covers: • Smoke-free restaurants and bars (enclosed areas) • Smoke-free lodging facilities that serve food—(up to 20% of guest rooms may allow smoking) • Very limited exemptions – Cigar bars that meet requirements – Private clubs—country clubs or membership clubs with selected membership, non-profit status and restricted food and lodging services • Allows local government authority to pass some further restrictions for all government grounds and other public places Exceptions to Statewide Prohibitions Cigar bars, if: • ≥ 60% revenue from sale of alcoholic beverages • ≥ 25% revenue from sale of cigars • entry restricted to 21 & above • humidor on premises • smoke does not migrate into areas where smoking is prohibited under state law Exceptions to Statewide Prohibitions Private club is a country club or organization that: • maintains selective members • is operated by the membership • provides food or lodging for pay only to members or member’s guests • is a nonprofit corporation Expanded Local Authority 2 new types: local government grounds • all unenclosed areas owned, leased, or occupied by a local government public places • enclosed areas to which the public is invited or permitted • subject to many exceptions… Exceptions: Local government cannot restrict smoking in: • • • • • Private residence Private vehicle Tobacco shop Premises of a tobacco grower, dealer or processor Designated smoking room in a lodging establishment (no greater than 20% may be designated smoking guest rooms) • Cigar bar • A private club • An actor portraying tobacco use in a motion picture, television, theater or other live production NOTE: All local regulations adopted by a local board of health after July 1, 2009 must also be approved by the local County Commissioners. Tobacco Prevention and Control Branch How will NC public health and NC businesses implement the new law? Layton Long, Chair Adhoc Committee on HB2 Implementation NC Association of Local Health Directors What constitutes compliance? A person in charge of a restaurant, bar, or lodging establishment that is subject to the new law must: • Post the required no-smoking signs in conspicuous locations. • Remove indoor ashtrays and other smoking receptacles. • Direct any person who is smoking to extinguish the cigarette, cigar, or other item. NO SMOKING -IndoorsG.S. 130A-497 1-800-662-7030 www.smokefree.nc.gov • The Law • Secondhand Smoke • Proposed Rules • Frequently Asked Questions • Tools for Businesses • Educational Materials • Quitting Tobacco Use • Contact Us: Local Health Departments • How to file a Complaint Education is KEY!! Most restaurants & bars will comply. Owner, manager, and staff are responsible. Customers should ask manager to comply. A Complaint-driven System of Enforcement If a manager does not take action, complaints can be registered by: •Calling CARE-LINE: 1-800-662-7030 •Visiting www.smokefree.nc.gov •Contacting the local health department LHD Staff: Summary Roles & Actions LDH may act to ensure compliance through: •Educating – public – business First and foremost! •Promoting the benefits of the new law •Providing technical assistance to businesses •Verifying complaints •Documenting violations •Imposing administrative penalties Restaurant owners, managers, and staff are responsible for compliance The vast majority of restaurants and bars will comply Questions? For more information, See the School of Government publications and Webinar series at: http://www.sog.unc.edu/programs/ncphl/Smoki ngRegulation/index.htm Go to: www.smokefree.nc.gov In early October 1, 2009