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Enforcement Issues

Learn from the enforcement experiences in Boston and Massachusetts (2003-2004) to reduce exceptions in laws, ensure fair play, and use tools like Operation Barhop. Discover findings, choose smart enforcement dates, understand penalties, practical enforcement steps, evidence requirements, handling private clubs, and ongoing challenges.

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Enforcement Issues

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  1. Enforcement Issues The Boston Experience: May 2003 The Massachusetts Experience: July 2004

  2. Key Principles • Reduce bad implementation and press by reducing broad exceptions in the law • Aim for "Level Playing Field“ • Craft narrow exceptions • Seek "bright lines"

  3. Operation Barhop • good for pre- and post- • easy, fun, cheap, local • tool to assess business volume, trash, projected outdoor smoking • not scientific but legislators/local leaders like knowing the establishments surveyed • does not prove smoking rates • proves smoking clientele is overestimated due to smoke volume

  4. Operation Barhop: Sample Results • A Different Drummer • Salem Street • 10:35 • 35 patrons; 6 smokers • Anchovie’s • Columbus Avenue • 10:30 • 26 patrons; 3 smokers

  5. Operation Barhop: Findings • 78 establishments visited • No security issues • 337 patrons actively smoking were found among 4,606 total patrons, or 7.3%. • This would be the percentage of people outside smoking if establishments were smoke-free. • Maximum numbers can be extrapolated using establishment's occupancy permit • Highest percentage of actual smokers = 30% at Sullivan’s Tap. • Lowest percentage of actual smokers = 0% at eleven locations

  6. Pick smart effective date and day • Avoid January 1 • Avoid December through February • Take into account • Students • Tourism • Seasonal employment • Sunday, Monday or Tuesday • Midnight is tough • Ticketing on effective date

  7. Penalties • State: $100/$200/$300 • Boston: $100/$500/$1000 • consider grace period • then fine • then go after for nonpayment • then go to court • do this once, violations will plummet

  8. Practicalities of Enforcement • mostly responding to complaints • single-employee establishments • multi-business buildings • places that think they are exempt • fining the smoker • administrative warrants • need local official support • meet with your court ahead of time

  9. Evidence for Enforcement • Determine level of evidence: • actual smoking versus • evidence of smoking

  10. Private Clubs • May destroy your "Level Playing Field" • Problem: private clubs act like public bars • Solution: private clubs act like private clubs

  11. Private Clubs, continued… • Don’t act unless bars/restaurants complain • Learn your liquor laws • learn your private club community • involve health dept and licensing dept. • meet with state-level alcohol board • bans might be only way to go BUT • are there compromises to make both private clubs and bars happy

  12. Other problems that are still a work in progress… • Tobacconists • Cigar Bars • Warehouses • Municipal Buildings & Vehicles • Outside Spaces

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