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Chicago-Anti-smoking ordinance takes effect Monday

Chicago's tough anti-smoking ordinance takes effect Monday, but don't expect City Hall to bring the hammer down right away.

With 70 inspectors and 70,000 businesses, enforcement will mostly be complaint-driven unless inspectors happen to spot a violation during their rounds.

And even after complaints, businesses will be given two warnings before citations are written.

"I don't think we need tape-measures. We do need a measure of reasonableness," said chief of policy Jose Cerda, referring to the 15-foot no-smoking zone around smoke-free buildings.

"Our intention is not to come down with the hammer right away, but to work with businesses. We fully understand the public health mission. But we also understand that complaints can be made, complaints can be frivolous and we will need to look into them."

Joel Africk, chief executive officer of the American Lung Association of Metropolitan Chicago, predicted the ordinance that gives bars and taverns until July 1, 2008, to comply would become "self-enforcing."

'People want to obey the law'

 

 

"It's a misplaced focus, if somebody forgets the first day the ordinance goes into effect, [to worry about] whether they get a ticket or a stern warning. When is the last time you saw someone smoking in a movie theater, in a supermarket, in a hospital? People want to obey the law," he said.

Nevertheless, Health Committee chairman Ed Smith (28th) urged City Hall "be vigilant. They've got to be out there. I don't want them to follow the role of Rip Van Winkle."

Last month, the City Council approved a landmark ordinance that will turn Chicago into a nearly smoke-free city over 2-1/2 years.

The 30-month phase-in was the price for peace among aldermen.

But there's a catch: To qualify for the reprieve, establishments must derive 65 percent of their revenue from the sale of alcohol.

Other rules still confusing

 

 

For weeks, the question has been what type of proof will City Hall demand to make certain the phase-in applies only to those establishments that truly qualify?

The somewhat confusing answer came at a press conference Tuesday.

Although signs must be posted Monday, businesses will have until Feb. 14 to submit a "smoking declaration form" to the Department of Business Affairs and Licensing.

They must be able to prove they comply with the 65 percent rule, but City Hall will "conduct a review of their books and records" only after a complaint, said department director Scott Bruner.

Bruner predicted that "fewer than 3,000 bars and taverns can legally declare themselves smoking.''

That wasn't the only source of confusion. There's also the matter of whether smoking will be permitted at church-based bingo games.

Aldermen clearly thought they were approving such an exemption. But Bruner said it will apply only to non-profit clubs with more than 50 dues-paying members that have been active for at least three years.

Posted by Web Master on January 12, 2006 01:09 AM |

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