Draft smoking rules set high bar for exemption

WASHINGTON (Map, News) - Bar owners would have to prove catastrophic losses over consecutive months to obtain an exemption from the District’s impending smoking ban, according to a draft resolution circulating through city hall.

The complete proposal, obtained by The Examiner, but not yet submitted to the D.C. Council, also set rules for enforcement, language for warning signs and fines. The smoking ban takes effect Jan. 1 for all indoor workplaces, including bars, taverns and nightclubs — though the dining areas of restaurants are already under the prohibition.

Under the preliminary regulations, which mirror a New York law, the health department director may grant an economic hardship waiver if the business can show a reduction in food and beverages sales taxes of 15 percent or more for three consecutive months, as compared to the same three-month period during the previous two years.

“We are trying to strike a balance between smokers, nonsmokers and the businesses and restaurants in between,” said Vince Morris, spokesman for Mayor Anthony Williams. “But our goal was never to regulate outdoor smoking, nor was it aimed at creating excessive hurdles for anyone seeking to demonstrate that the new ban had created a hardship.”

Morris said the mayor would submit the final resolution to the council in early July. The document obtained by the newspaper is “one version,” he said.

The council adopted the ban late last year, but the legislation did not specify how the waiver could be obtained or how the law would be enforced. It left that responsibility to Williams, who opposed an all-out prohibition.

Even as a draft, the resolution indicates the city will not make it easy for a business to garner an exemption or cheat its way to a waiver. An application, for example, must include detailed sales tax statements and show the establishment, over time, was open during the same number of hours and days and sold food and beverages for a similar cost.

Since there must be a waiver process, “we hope that the mayor and council will follow the example of states that have very strong standards … to prevent any loopholes and to protect everyone’s right to breathe clean air as the law was intended to do,” said Jennifer Friedman, spokeswoman for Tobacco Free Kids.

Fines for ignoring ban

» For smoking in a nonsmoking area, between $100 and $1,000

» For removing a no smoking sign, $500

» For failing to maintain a sign, $500

» For failing to warn a smoker that he is in violation of the act, $500

mneibauer@dcexaminer.com

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