Martinsville Bulletin, Inc.
P. O. Box 3711
204 Broad Street
Martinsville, Virginia 24115
276-638-8801
Toll Free: 800-234-6575
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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. |
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