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The City of Winnipeg Smoking By-Law The by-law that was passed by city council in July is subject to a number of interpretations and is also subject to a variety of enforcement standards. This is a totally unfair bylaw which makes one set of rules for bars and another for restaurants with liquor licenses and yet another for unlicensed restaurants. Let's look at a number of scenarios to try to clear the muddy waters. I have an unlicensed restaurant… what can I do? OPTION 1 You can go 100 % non smoking, which is the intent of the bylaw or OPTION You can ban anyone under the age of 18 from coming in and have 100% smok- ing or you can declare any other ratio that you decide. Ie. 50 50 Problem Legal opinion says that this may be challengeable under Human Rights, but we are banning under 18 from lounges and casinos already. It is not legal to buy ciga rettes, drink or gamble under 18 and the city is saying that they shouldn't be in any area that has smoke. OPTION You can apply for a dining room and cocktail lounge license. You would make applica- tion to the Manitoba Liquor Commission to get a license for your premises. The desig- nated cocktail lounge would ban under 18 and would have smoking allowed. You would have the option of selling liquor or not. If you take this route and want to serve custom ers before 00 A.M., which is the earliest that lounges are able to open, you would need to apply for written permission from the MLCC. I am told that it should not be a problem to get this permission. Problem It is costly and time consuming to get a license and part of your establishment might have to be reconfigured to identify the cocktail lounge area. OPTION 4 Some establishments that have two clearly separated areas are going to have one area as a restricted area and have smoking in that section. Whether this is legal or not is a gray area, but when you consider the level playing field scenario you would think that it shouldn't be necessary to get a liquor license to compete on a level playing field with licensed restaurants. OPTION 5 Another "gray area" option is timed restrictions. Example You have non smoking be- tween the hours of 500 P.M. and 00 P.M. and after 00 P.M. no one under 18 is allowed to come in and smoking is allowed. I have a licensed restaurant…..what can I do? You are allowed to have smoking in your lounge as long as you do not allow anyone under 18 in that area. Some other possible problems may arise if people have to go through your smoking area to get to your washrooms or to the non smoking area. Lounges do not have to be walled off, but an effort should be made to minimize drifting of smoke. Within this area you can designate it as 100% smoking or any other ratio that you decide. If you have a lounge that borders closely on a dining room you might take reasonable steps to control drifting of smoke by declaring the area in the lounge which borders on the dining room as a non smoking area. What are the restaurants obligations under this bylaw? Your only obligations under this bylaw are to designate the areas as you are defining them and to post non smoking signs in the applicable areas. A customer smoking in a non smoking area is subject to a fine not the restaurant. The problem with this scenario is that if you do nothing about the smoker you will anger the non smoking customers around them. Your role is not one of an enforcer under the bylaw, but you are forced into this role by good business rules. Other info These rules apply only to the public areas of the restaurant. You can still have a smoking staff room. Banquet rooms….If you have a party booking a private room for a banquet which is a social event that room can have smoking and children present, but if it is for business purposes (which ironically would have adults only % of the time) must be smoke free. Hint You might consider booking business meetings followed by social events separately if the customer wants a smoking event. Enforcement This by-law comes into effect January 1, 00 and enforcement of this bylaw is being headed up by Brian Rivet (86-67) of the City of Winnipeg Environmental Health Department. This bylaw applies to all of the city, but the enforcement will be concentrated in the Greater Winnipeg area looked after by the city health department. The province has stated that it will not be adding any staff to enforce the bylaw in the other areas. Enforcement in these areas will probably be only by customer complaint. Challenging the by-law There is a possible challenge to this by-law based on the fact that the City may not have the power to pass a bylaw which has exclusions. This means that any bylaw passed would have to cover all public places, which would create a far more level playing field. This would require a court challenge which would be costly and we would have to call on our members for support in this matter. Please keep in touch with me on this issue and how it is affecting you. If you have any concerns regarding the enforcement please call. Have a great Christmas and Happy New Year. Bob Stevens, President & CEO Ph 78-55 Fax 78-0 Email bobs@mrfa.mb.ca Issue 1 December 15, 001
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