[Vision2020] Public smoking

[bear at moscow.com]

Tom,

Thanks for posting the lis from Title 39, which seems pretty comprehensive
to me. Now, why can't the anti-smokers live with it?  Are they so
demanding and narrow minded that they want it ALL and will force it down
smokers throats via this local legislation?

My point with all of this is that we have enough legislation that tells
citizens what they can't do. If the non-smokers don't want to go to those
places, then don't. Bringing in the "safety" of the employees that work in
bars is, like I said earlier, a smoke screen. Beside, as I stated earlier,
I am suspicious that on the very day this this was brought up by a
"concerned" citizen, the copies of the Eagle Idaho legislation had already
been passed out by the city attorney.  Makes you wonder.

If the non-smokers let their desires be known to the business owners by
not going to those places, thats enough, WE DON'T NEED MORE LAWS.

----------------------------------------------------------------------------------------------------------

> TITLE 39
> HEALTH AND SAFETY
>
> CHAPTER 55
> CLEAN INDOOR AIR
>
> 39-5503.Prohibitions -- Exceptions. (1) No person shall smoke in a public
> place, publicly-owned building or office, or at a public meeting, except
> in the following which may contain smoking areas or be designated as
> smoking areas in their entirety:
>
> (a)  Bars;
>
> (b)  Retail businesses primarily engaged in the sale of tobacco or tobacco
> products;
>
> (c)  Buildings owned and operated by social, fraternal, or religious
> organizations when used by the membership of the organization, their
> guests or families, or any facility that is rented or leased for private
> functions from which the public is excluded and for which arrangements are
> under the control of the sponsor of the function;
>
> (d)  Guest rooms in hotels, motels, bed and breakfast lodging facilities,
> and other similar lodging facilities, designated by the person or persons
> having management authority over such public lodging establishment as
> rooms in which smoking may be permitted;
>
> (e)  Theatrical production sites, if smoking is an integral part of the
> story in the theatrical production;
>
> (f)  Areas of owner-operated businesses, with no employees other than the
> owner-operators, that are not commonly open to the public;
>
> (g)  Any office or business, other than child care facilities, located
> within the proprietor’s private home when all such offices and/or
> businesses occupy less than fifty percent (50%) of the total area within
> the private home;
>
> (h)  Idaho state veterans homes, established pursuant to section 66-901,
> Idaho Code, that permit smoking in designated areas, provided that
> physical barriers and ventilation systems are used to reduce smoke in
> adjacent nonsmoking areas; and
>
> (i)  A designated employee breakroom established by a small business owner
> employing five (5) or fewer employees, provided that all of the following
> conditions are met:
>
>     (i)   The breakroom is not accessible to minors;
>
>     (ii)  The breakroom is separated from other parts of the building by a
> floor to ceiling partition;
>
>     (iii) The breakroom is not the sole means of entrance or exit to the
> establishment or its restrooms and is located in an area where no
> employee is required to enter as part of the employee’s work
> responsibilities. For purposes of this paragraph, the term "work
> responsibilities" does not include custodial or maintenance work
> performed in a breakroom when it is unoccupied; and
>
>     (iv)  "Warning: Smoking Permitted" signs are prominently posted in the
> smoking breakroom and properly maintained by the employer. The letters
> on such signs shall be at least one (1) inch in height.
>
> (2)  This section shall not be construed to require employers to provide
> reasonable accommodation to smokers, or to provide breakrooms for smokers
> or nonsmokers.
>
> (3)  Nothing in this section shall prohibit an employer from prohibiting
> smoking in an enclosed place of employment.
>
> --------------------------
>
> Things that make you go, "Hmmm."
>
> Seeya round town, Moscow.
>
> Tom Hansen
> Moscow, Idaho
>
> "The Pessimist complains about the wind, the Optimist expects it to change
> and the Realist adjusts his sails."
>
> - Unknown
>
>
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