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Enforcement is not clear on restaurant smoking ban
Wednesday, February 10, 2010
RICHMOND — Two months after Virginia’s indoor smoking ban took effect, it still
is a bit hazy over how the law will be enforced and by whom.
The state’s Indoor Clean Air Act, which went into effect Dec. 1, prohibits smoking
in restaurants and bars unless they have a structurally separate smoking section,
with its own entrance and ventilation system.
Enforcement of the ban falls on several agencies. To issue a citation, the police
must consult the state attorney general’s office, which in turn acts on information
from the health department. Although the health department checks for
compliance with the smoking ban as part of its routine inspections, it cannot issue
fines for violations.
Mike Britt, owner of Poe’s Pub in Church Hill, hasn’t heard of anyone getting
ticketed for smoking.
“There’s nobody to go out and enforce it,” Britt said.
“It’s basically under the health department. When they come in, they’re supposed
to tell the owner that they are under violation. But they can’t do anything about it.
They have to go back to their office and call the police. … Who’s going to call 911
for a cigarette,” he asked.
Henry County Sheriff’s Maj. Steve Eanes said he has not heard of any restaurant
in the county being ticketed under the new law.
James Mercante, a public relations specialist for the Richmond Police Department,
said the department is working with the attorney general’s office to develop an
enforcement plan.
Chuck James, the chief deputy to Attorney General Ken Cuccinelli, said there are
two ways to enforce the smoking ban:
• Individuals can be fined up to $25 if they violate the ban and refuse to refrain
from smoking.
• Restaurant and bar owners can be fined up to $25 if they fail to comply with the
law. The law requires establishments to post “No Smoking” signs, remove
ashtrays, refuse to serve people who are smoking and ask them to leave if they
continue smoking.
“This was a legislative policy that was enacted by the General Assembly when the
law was enacted,” James said. “The role of the attorney general’s office is to
advise various agencies and enforce the enacted laws of the commonwealth.”
Gary Hagy, head of food and environmental services for the Virginia Department
of Health, said the law makes enforcement difficult.
“If we see something, we’ll discuss it with the owner and try to educate on the
requirements of the law and try to obtain compliance,” he said.
“If they don’t comply, then we refer it to the local law enforcement. The code gives
the authority for any law enforcement to issue a summons for the violator,” he
added.
Of the 4,000 restaurants inspected in Virginia, 95 percent have all complied with
the ban, Hagy said.
James noted that many eating establishments prohibited smoking voluntarily
before the General Assembly passed the smoking ban last year. “A lot of
restaurants went smokeless on their own accord without having this legislation
being passed,” he said.