2/24/2006 LOCKPORT - The Niagara County Board of Health decided Thursday that bars in Niagara Falls might be able to get waivers from the state indoor-smoking ban by using proximity to Seneca Niagara Casino, where smoking is allowed, as a special circumstance without having to demonstrate revenue declines of 10 percent because of the ban.
The latter is the usual reason for a smoking law waiver. However, the criteria for waivers, adopted when the smoking law was passed in 2003, always allowed for "exceptional circumstances," which were not defined. Such bars still would need to set up separately ventilated smoking rooms, as the rules require.
Also Thursday, the board fined Big Ugly's Pub on West Avenue in Lockport $1,000 for violating the smoking law. It was the fourth time the bar has been fined, said Assistant County Attorney J. Michael Fitzgerald.
Also, Fitzgerald ruled that smoking waivers are transferable to a new owner if a business that has one is sold. Smoking waivers will be automatically renewed by the Health Department staff without Board of Health action, unless an inspection discloses some violation at the business. The waivers were good for two years, and the first ones - issued in early 2004 - are now expiring.
-All I have to say is....Wow! I'd be pissed if I owned a bar that wasn't "close enough" to the Casino.
__________________
Borrow money from pessimists - they don't expect it back.
I don't feel smoking should be allowed indoors ANYWHERE under ANY circumstances. People are still at risk; other customers, the employees that have to serve smokers... Smoking is a choice. A dangerous one. One that affects the health of other people. If you want to associate with others and go anywhere other than your personal house, smoking should be illegal.
Did you know that at Walt Disney World you are only allowed to smoke in designated areas??? The smoker I was with at the amusement park thought this rule was absurd, but I couldn't help but think what a great idea this was. As an avid non-smoker, why should I have to stand next to a smoker in line and be subject to the smoke???
It's sad that people can't go to a restaurant for an hour and not perform such a disgusting habit.