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question about ontario smoking law

continual11

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Sep 25, 2005
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What does the law state for a private club status?

What I've heard is that some businesses get around the law by claiming that they are not a business, but rather, a private club that has membership fees.

This is London is a popular nightclub that allows smoking and I was it is because of their private club status.

Any legal gurus know if I were to try this posing as a private club, would it fly?
 

fuji

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I prefer the way it is in Ontario way, you also have a choice: Enter the non-smoker environment or do a big U-turn and go elsewhere. Smokers are a minority. No idea where the myth comes from that it's somehow bad for business making a bar/club more comfortable for everybody else.

For the record I discriminate against smokers when I hire employees: I assume that anyone who smokes is dumb, and I don't want dumb people on my team.
 

thompo69

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Nov 11, 2004
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continual11 said:
What does the law state for a private club status?

What I've heard is that some businesses get around the law by claiming that they are not a business, but rather, a private club that has membership fees.

This is London is a popular nightclub that allows smoking and I was it is because of their private club status.

Any legal gurus know if I were to try this posing as a private club, would it fly?
I remember when the City of Ottawa brought in their bylaw a couple of places tried this and got spanked down. I expect other bars will find the same problem under the Ontario law.

The thing is, it doesn't just prohibit smoking in public places, but in enclosed workplaces, which would include all bars, clubs or restaurants -- no matter who is allowed in. About the only exception would be a completely open air patio. They can try and get around things, but the more they change how they do business, they're just more likely to run afoul of other legislation (ie. the Liquor Act).
 
My guess is that they figure they can mount a legal challenge and may make more money from attracting smokers than they figure the fine will be when they get to court.
The strip clubs did the same and spent many thousands stalling and fighting.
They are not exempted from the Smoke Free Ontario Act (check on elaws) like the old bylaws. There is no private club exemption in the Act, that's why the clubs aren't fighting anymore.
Wait an see how long the London club lasts if they get busted with more convictions, the fines escalate rather quickly and high by looking at the table they have listed in the Act itself.
 

The Daulfin

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May 6, 2006
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I believe one component of private club status exemption is that the club be non-profit (at least it was in many municipal bylaws before the provincal law overruled them all), and quite frankly it's not easy to qualify as a non-profit business when you are trying to turn a profit. :rolleyes:

The membership fees and cards don't really matter in the end as the law is aimed at providing a healthy space for patrons and more importantly for workers. Patrons may legally be able to waive their safety but workers cannot do so under current workplace safety laws. So until there are clubs where the wait staff are all wearing personal oxygen supplies, I don't see smoking winning out in the end.
 

elmufdvr

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Feb 21, 2002
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how about going after the people that spit in public and they should also go after the people that toss garbage out on the street...some people are pigs and that bothers me more than smokers..I do not smoke...
 

Bigbossfan

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Mar 23, 2004
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fuji said:
:For the record I discriminate against smokers when I hire employees: I assume that anyone who smokes is dumb, and I don't want dumb people on my team.

This is the most stupid comment I think I've read on TERB.:rolleyes:
 

Hammerstein

bored and sleepless again
Some of the names on the list
Albert Einstein, J. R. R. Tolkien, C.S. Lewis, Barak Obama,
Franklin Delano Roosevelt, J. Robert Oppenheimer and lets not forget
Govenator Arnold Schwarzenegger
 
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tboy

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Aug 18, 2001
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fuji said:
I prefer the way it is in Ontario way, you also have a choice: Enter the non-smoker environment or do a big U-turn and go elsewhere. Smokers are a minority. No idea where the myth comes from that it's somehow bad for business making a bar/club more comfortable for everybody else.

For the record I discriminate against smokers when I hire employees: I assume that anyone who smokes is dumb, and I don't want dumb people on my team.
1) During the second to last "ban on smoking" in toronto, there was an estimated 30% increase in bar/restaurant/coffee shop closings. Many of the owners cited the sudden decrease in customers immediately following the ban.

2) With your second comment you only promote just how dumb YOU are and just how much a lemming you've become. Smoking has only become NON pc over the last few years. I know everyone promotes the health hazards but here's some info for you:
More air pollution is caused by one internal combustion engine than all the smokers in Toronto combined, but no one dare ban those!
Eating at McDonalds and other fast food places affect more people than second hand smoke, but they don't ban those places..

The whole smoking ban reminds me of that old saying: when they came for my neighbour, I did nothing. When they came for my son, I did nothing. Now they are coming for me, and there's no one left to help me....

Sooner or later they will start attacking one of YOUR freedoms and I hope I'm around to hear you bitch and moan about it and how stupid it is.....
 

jeffham29

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Jan 6, 2003
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In a deep, but well lit, hole
After a brief downturn, bar and restaurant business in Waterloo Region is up across the board. Non-smokers returning to those establishments are spending money like crazy. The ban seems good for business.
 

fuji

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tboy said:
During the second to last "ban on smoking" in toronto, there was an estimated 30% increase in bar/restaurant/coffee shop closings.
Oh BS. There was a bit of a transition period where there was a sudden drop of smokers, but it took some time for the non-smokers to take their place. Now that's done, the bars are booming, the coffee shops have record profits, it was all just a lot of FUD from smokers. The only places that went under were places there were already going under and could not survive the few months of disruption in business while the crowd changed over to non-smoking.

Check out the bars and clubs downtown: PACKED! I hear it's another record year for Tim's too. There's no economic downside, that was just excuses from people whose businesses were already failing wanting to blame their problems on the government rather than accept that they'd failed. I just don't see where the supposed economic downside is, from where I stand, business appears to be booming.

2) With your second comment you only promote just how dumb YOU are
I stand by it. Anyone who cares so little about their own health that they haven't quit smoking by now is not someone I want on my team. They either lack willpower or they lack intelligence or they lack foresight. Maybe "dumb" is too narrow a term, but in any case, whatever it is they lack, I don't want them on my team.

More air pollution is caused by one internal combustion engine than all the smokers in Toronto combined, but no one dare ban those!
I'm all in favour of tougher emissions controls on cars. California uber alles.

Eating at McDonalds and other fast food places affect more people than second hand smoke, but they don't ban those places..
If you sit around eating a hamburger I'm unclear on how exactly that's supposed to affect MY health. Smoking hasn't been banned in public places to protect YOU. It's been banned in public places to protect ME from you. If you want to kill yourself eating hamburgers it's no skin off my back, you can go home and drink some Drano too for all I care--so long as you're only hurting yourself.

But I agree, eating a lot of McDonalds is dumb too. So, if I find someone who eats McDonalds for every meal I might also consider not hiring them too. Equally dumb. You can eat McDonalds now and then, though, without getting addicted to it. I don't know very many people who really just smoke now and then--a few, but most smokers are hooked and smoke daily.

Sooner or later they will start attacking one of YOUR freedoms and I hope I'm around to hear you bitch and moan about it and how stupid it is.....
Your freedoms end where someone else's health begins. You aren't free to fill someone's work place with toxic substances. You aren't free to walk around punching people in the face either. You ARE free to smoke, and I'm free not to hire you.
 

Bigbossfan

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Mar 23, 2004
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fuji said:
You must be a smoker.

Yes I am..doesn't make your comment any less idiotic.:rolleyes:

Oh, and given your mightier than thou attitude..I don't understand why anyone would want to work with/for you.
 

tboy

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Aug 18, 2001
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For you wingnuts (who have their head firmly planted in the sand) who don't believe that car exhaust is the REAL issue:

1) You do not have to have your lips on the tail pipe to be affected by the exhaust gases. They did a study downtown a few years ago because of the increase in joggers during lunch periods. They found that jogging for 5 minutes in the downtown core equalled smoking 20 packs of cigarettes. TWENTY packs of cigarettes in 5 minutes. SOrry, even a seasoned smoker can't produce that amount of toxins in 5 minutes.

2) I used to have an apartment overlooking the queensway out in etobicoke. I couldn't open my windows from 3 pm to 7:30 pm due to the amount of exhaust fumes from the traffic. If you think that you have to have a vehicle idling inside your home to feel the effects, well, I will see you in the cancer ward.

3) There are thousands of studies, promotions etc about the hazards of second hand smoke. Have you ever seen ONE about the hazards caused by vehicle exhaust? Not lately because too much money is to be made by the auto industry.

Anyway, if you can't see the fact that the only reason everyone is on the no smoking bandwagon is because the powers that be dont' want you looking where the real problem is.......

BTW: timmies is booming not because of non smokers flocking to their shops, it is because they put crack cocaine in their coffee.....:)
 
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