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National Smokers Alliance Sponsors Legislation to Allow Bar Employees and Owners 
the Choice to Allow Smoking
 
ALEXANDRIA, Va., Feb. 26, 1999 -  The National Smokers Alliance announced today that it is sponsoring legislation that would modify California's smoking ban in bars, taverns and gaming clubs. Assembly Bill 1216, authored by Assemblymember Dick Floyd (D-Wilmington) and co-authored by Assemblymembers Lou Papan (D-Millbrae), Rod Wright (D-Los Angeles) and Brett Granlund (R-Yucaipa), would amend California's existing law to allow the employees and owners of stand-alone bars the choice to establish their smoking policy.

"AB 1216 is all about choice. It allows the employees and the owners, not the government, to choose a smoking policy that is right for their establishment and their customers," said Thomas Humber, president of the National Smokers Alliance. "Undoubtedly, some bar employees and owners will choose to remain smoke-free and that's their choice. But AB 1216 also provides an option for those employees and owners who choose to allow smoking. It's a win-win for everyone. That's the beauty of choice."

Polling commissioned by the California Department of Health Services shows that a staggering 90% of stand-alone bar employees and owners disapprove of the smoking ban and want to see the law repealed. AB 1216 would apply only to stand-alone establishments where "the primary purpose of the establishment is either the serving of alcoholic beverages for consumption by guests on the premises or the conduct of controlled gambling." AB 1216 would permit a gaming club, bar or tavern to permit smoking under the following circumstances:

  • All employees consent to permit smoking -- employers who are found guilty of coercing employees to consent to smoking shall be subject to a $7,000 fine and a one-year suspension of the right to permit smoking,
  • No employee is forced to work in a smoking area,
  • A prominent sign at each entrance notifies potential patrons that smoking is permitted within the establishment,
  • The serving of food is incidental to the primary purpose of the establishment (i.e., on-sale liquor or legal gambling),
  • Air is handled or controlled by a system (air barrier, air purification, or air ventilation) that meets specified standards described in the bill.
"For a year now, bar employees and owners have had to cope with lost revenue, angry customers, uneven and punitive enforcement, varying interpretations of the law and the criminalization of normally law-abiding citizens," said Humber.

"AB 1216 is a common sense solution aimed at providing stand-alone bar employees and owners relief from the smoking ban," said Humber. "AB 1216 puts the choice back in the hands of those most harmed by this intrusive law."

The National Smokers Alliance is a non-profit organization of adults from across the country dedicated to fighting discrimination against smokers and to supporting business owners who wish to make their own decisions about their businesses without unnecessary government interference. The NSA has more than 3 million members nationwide, including 300,000 in California, and is supported by membership dues and contributions from hundreds of businesses and corporations, including three cigarette manufacturers on behalf of their
consumers.

###
 
Contact:
Brandon Castillo for National Smokers Alliance, 916-341-1000/
    http:/www.smokersalliance.org
 --
 
Also See: California Saloon Smoking Ban Update / May 1998 

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