Snuffing Out Butts Is Not Enough

Restaurant and bar owners who thought they were complying with the smoking ban by telling people to take it outside were in for a surprise once inspectors started making the rounds. Since the beginning of the bans enforcement, only 25 tickets have been issued to owners for allowing indoor smoking. But on the whole, 111 smoking-related violations have been handed out to businesses since May 1.
The crime? Forty-seven of the tickets were issued because a restaurant or bar did not have a "No Smoking" sign prominently displayed. Thirty-six tickets were doled out by inspectors because an ashtray was present, even if it was not in a location accessible to patrons. The question of what "prominently displayed" means or if a stray ashtray counts as a violation is left up to the inspectors. It remains tough on owners who want to make their customers happy, but dont want to break the law.
"Ive lost a considerable amount of business because of the ban," said Nick Constantinou, owner of the Athens Cafe in Astoria.
Constantinous business has received seven violations, more than any other establishment. The Athens Cafe, which was subject to inspection four times in two months, was the only business to be caught letting patrons smoke on more than one occasion.
"None of them were for people smoking inside," Constantinou said. "They were for having an awning at the smoking section, for smoking outside and a door closed to the non-smoking section. Weird things."
In the month of May, inspectors caught people lighting up in 23 establishments during 6,500 inspections that occurred before 11 p.m., when the inspectors quit for the evening. Smoking fines cost between $200 and $400 for first time offenders, between $500 and $1,000 for a second offense. A third offense can cost as much as $2,000. There is also a "three strikes and youre out" policy, wherein three offenses in twelve months can mean an establishments license being revoked by the Health Department. Constantinou will probably face fines in excess of $1,000.
But since its initial stages, the ban has been largely self-enforcing because business owners paying the steep price of fines can trickle down to customers and staff. In fact, the Health Department has received 500 complaints from people calling 311 to report violations. In the case of those establishments breaking the law, inspectors hand out notices of violations, which are brought before an administrative judge, who has the authority to set the price of the fine.
On the Athens Cafes last inspection, it was found free of violations, with the proper signage displayed and no ashtrays in sight. A resigned Constantinou maintains that he cannot be the judge of whether the violations were all valid, but that doesnt change the fact that he continues to lose business every day.
While the ban continues to protect the health of New York residents and provide an easy source of revenue for the city, it remains clear that not all the kinks have been worked out of a plan that is set to become even more strict when the statewide ban goes into effect on July 24.
Christa Weber can be reached at christaw@queenscourier.com.