Archive for smoking laws

North Carolinas smoking ban becoming puzzle.

Posted in Uncategorized with tags , , , , , , , , , , , , , , , , , , on January 25, 2010 by Abraham Appel

Its looking like this could get messy.

As we’ve reported at Ed Hardy Smoking, the Smoking ban in North Carolina took effect on January 1st. 2010.  The law mostly said that cigar bars could stay open, but all indoor smoking had to cease.

Picture posted by David Forbes of the Mountain Xpress

Originally The Bill was accompanied by a softer tone and his date MS. Loopholes.

The state is not looking for indoor smoking. They have set up a line that can be called anonymously. If a phone call comes in then a state office sends out the letter. It takes two letters to get a ticket. Some Hookah bars wondered if anyone should even worry about the smoking ban. Other Hookah bars closed.

For North Carolina cigaret smokers this rule may not be as severe.

Remember, California outlawed smoking back around 1997. But because cigarets are a person’s property and compact and mobile people have become accustomed to smoking quickly outside. But hookah bars are still running in CA, most likely, due to exemptions written into the law.

In North Carolina the hookah bars were not able to get this exemption. By not being written into the law, the Hookah bars are widely believed to be in violation of the law because these Hookah bars are serving Shisha inside of an establishment.

What can make this hard to report is that its all speculation. Some hookah bars have devoted themselves to pooling their money together and defending the first Hookah bar that has to go to court. Other Hookah bars have moved their Hookahs outside into the cold North Carolina elements and appear to be fully within the boundaries of the law.

Days before the law went into effect one hookah bar tweeted “F the smoking ban … We are still smoking … I am right now!!” Yet this same Tweeter who owns The Hookah Bar in downtown Asheville, North Carolina, actually said he complies with the smoke ban because he is now serving a tea based Hookah not tobacco.

In Chapel Hill, North Carolina, Hookah Bliss, has begun begging for a ticket so that they can take the state to court. Hookah Bliss bases its argument on accusations of hypocrisy. The cigar lounges were exempted. According to Hookah Bliss’s owner, Adam Bliss, this is because legislators and rich men smoke at the cigar lounges. And in this Bliss calls foul.

Juggling Gypsy also has all types of state. And now smoking a Hookah is truly an art

In Wilmington, North Carolina, a hookah bar, Juggling Gypsy, changed itself into an entertainment parlor and believes it complies to the Smoking ban because it places everyone smoking on a “stage,” to be filmed by an internet camera making them a performer. If everyone is a performer, say the Juggling Gypsy, then they are exempt though the loophole that says smoking is allowed on a stage and during a performance.

But the state has received 400 +complaints concerning state wide smoking violations. The state met with the Juggling Gypsy last week and says the ball is in their court now.

Oh and “Besides owners, individuals who refuse to snuff their smokes also could be fined $50.”

Hookah Bliss says stop the Hookapocrisy. Refuses to close

Posted in Uncategorized with tags , , , , , , , , , , , , , , , , , , , , , , on January 21, 2010 by Abraham Appel

Hookah Bliss owner Adam Bliss knows that the North Carolina government said that there is a tobacco ban now.

Hookah bliss myspace photo

Bliss knows that he was supposed to close. But The Hookah bar on Franklin Street refuses.  Bliss sees hypocrisies and double standards to large to ignore. In fact, Bliss would appreciate a few citations and a court date if North Carolina would be so kind.

See the Tobacco ban In North Carolina isn’t really a Tobacco ban entirely.  The Herald Sun reported the details like this.

There are exemptions. But Hookah bars are not included in the exemptions.

Cigar bars are exempted.

A cigar bar that makes 60 percent of its quarterly business from alcohol sales and at-least 25 percent of its quarterly sales from cigars is exempt.

Tobacco shops in North Carolina are also exempt because Tobacco shops makes at-least 75 percent of its quarterly revenue from the sale of Tobacco and Tobacco products while not serving food or alcohol.

And outside Patio smoking seems to acceptable.

Hookah Bliss says that to stay open it may have to change the whole vibe of his bar and stop selling drinks. Bliss tells the Herald Sun that it “makes you wonder whether this law was really about tobacco or alcohol.”

Bliss seems to be arguing that the logic of a bill that is going to take him out of business is to flimsy to destroy his life work, his investments.

Bliss’s logic seems to say that if you’re going to destroy all these businesses and claim it’s a health issue, then shouldn’t the richer cigar smokers have to join in for the peoples health. And if people are gonna lose their income, it should make more sense then this why their being forced to do it.

“(The state government says) this is an employee health issue. But they automatically exempted four different types of places, and notice all those places are where the rich older males go, where the legislators are more likely to go, and they’re saying that the employees that work in the places where they like to smoke do not deserve the protection that the average employee who works in an average bar deserves.”

This is not so much about a lawsuit as about fighting a ticket on the grounds that the law is unfair,” Bliss said to the news. “We are not going to stop serving and we are not closed.”

Hookah Bliss has not yet been ticketed. Tickets are possible if the Department of health receives a complaint. The Hookah bar gets 2 warnings and then will be ticketed 200 dollars.