In a recent straw poll, the second most popular topic The Hypotenuse readers wanted to know about, other than the new N.C. ban on texting while driving, was the meaning of the new ban on smoking in restaurants in North Carolina. I'll be honest. It is a little confusing even for a lawyer, but I'll try to explain it to the loyal readers out there. Here goes.
Beginning January 1, 2010, restaurant and bar patrons in North Carolina will no longer be able to smoke inside restaurants and bars. This includes the bar area of a restaurant. So even if the bar is separate, there will be no smoking in restaurants and bars in North Carolina.
Some bar owners thought their establishments may have been exempt because the law carved out an exception on the ban for "private clubs" and loosely defined the term. Whether a bar or private establishment will be able to allow smoking depends on whether that business is considered to be a "private club". It remains to be seen whether state officials will try to strictly enforce the "private club" exemption or view it as just a little "smoke under the bridge" so to speak.
Additionally, the law authorizes a $50 fine for patrons who keep smoking after being asked to stop. There is also a $200 fine for owners who repeatedly allow smoking in their establishments.
And you thought smoking was only bad for your health? Now it is going to be bad for the smoker's wallet. It remains to be seen whether the smoking ban in bars and restaurants will be good or bad for the bottom line.
News of the New Smoking Ban:
The "Private Club" Exemption:
As always, there is more to come. The Hypotenuse will keep you updated.
by: Drew S. Sprague
Can a person be held liable for defamation based on a libelous "tweet"? We are about to find out thanks to a dispute between Courtney Love and a fashion designer who did work for her.
