1) While the three-strike rule is no longer written into the new ordinance, the Health Department has committed to following those guidelines. However, as enforcement is still unclear, don’t assume that the first two smoking violations will go unnoticed.
2) The sidewalk isn’t your responsibility. The 15-foot rule applies only to property owned by the business. A vendor is not expected to keep people from smoking on a public right-of-way.
3) “An owner/operator will be issued legal notice when violations are observed. If the owner is not present at the time of the observed violation, the operator would be any person in charge.”
4) Regardless of the stories from New York City and California of bartenders allowing smoking after the inspectors have gone to bed, David Lopez of the Environmental and Consumer Health Unit says that his inspectors will be on a flexible schedule.
This article appears in September 2 • 2005.