Forcing smoking patrons outside has led to an increase in noise and disturbance complaints around St. Paul bars, prompting city leaders to consider imposing costly new security mandates on taverners. City Council Member Lee Helgen proposes increasing 2 AM license fees by $200 and requiring indoor and outdoor security cameras be installed. Helgen also wants to require at least two employees remain on duty until all bar patrons have left the premesis.
Bob Kessler, director of public safety and inspections said the city is spending more money dealing with noise and loitering complaints since the smoking ban took effect.
Fixing the unintended consequences of the smoking ban will further squeeze struggling bar owners, it appears.
Letter: Taxpayers, you have been warned
Republican Eagle - Red Wing,MN,USA
“So in conclusion, maybe that state should rethink this smoking ban and leave the idea of a drinking ban alone, and let us make our own decisions on what we …”
State sues bar to halt ‘theater night’ smoking
Pioneer Press - St. Paul,MN,USA
“The department filed a lawsuit this week against the South St. Paul bar for holding the events, which attempt to skirt the state’s new smoking ban. …”
Racing Against the Times
Minneapolis Star Tribune - Minneapolis,MN,USA
“Canterbury also was hit hard by Minnesota’s smoking ban, as card players who smoke migrated to Mystic Lake Casino, where smoking is allowed. …”
High drama in the courts: Bar owners try to skirt state’s smoking ban
MinnPost.com - Minneapolis,MN,USA
“There are 10 exemptions to Minnesota’s smoking ban (PDF), including one for shops where customers are sampling tobacco products, and another for family …”
Now they can’t even step outside into some shelter?
Fairmont Sentinel - Fairmont,MN,USA
“Touting the health benefits of the smoking ban, those opposed to the smoke shacks reckon, apparently, that no adult American should be allowed to: 1) make …”
Say Goodbye to Grandma’s
KARE - Minneapolis,MN,USA
“Grandma’s, on the West Bank in Minneapolis, has been serving University of Minnesota students, and many others, for 27 years. But the smoking ban, …”
Rally Saturday for bar testing ban’s “theater exemption”
Shakopee News
“Inside, the bouncer — excuse me, usher — checks a visitor’s ID and makes sure she is aware of tonight’s performance. For just $2, this visitor can also get a badge and become an actor if she cares to smoke as part of the performance at …”
MDH Asks Court To Stop Bar’s ‘Theater Nights’
WCCO
“The state Health Department said a South St. Paul bar is violating the state’s smoking ban and wants Dakota County to make it stop…”
Grandma’s Saloon, a West Bank landmark will close May 22nd. The ownership lays the blame for the drop in business that precipitated the decision to close on the smoking ban.
Minimum wage hikes without a tip credit add to taverners headaches. Increasing the cost of doing business while simultaneously taking away customer base is putting the squeeze even on established landmark businesses like Grandma’s.
Grandma’s Corporation president, Brian Daugherty specifically pointed to the smoking ban as reason for closing, yet the Star Tribune skirts the issue, mentioning “legislative decisions, the weak economy and the collapsed bridge” as factors leading up to the bar’s demise. Legislative descisions sounds like code for “smoking ban,” but they didn’t want to make that too obvious.
Writers Crosby and McKinney did slip a mention of the smoking ban in among a laundry list of other reasons they think the bar was forced out of business, like the drinking age being 21! It actually took two people to put that 4-paragraph article together, and they brainstormed the drinking age as a culprit. Minnesota’s drinking age has been 21 for over 20 years! I guess it just now caught up with Grandma’s.
More about Grandma’s closing at Minnesota Daily.
Under the current statewide smoking ban, outdoor smoking shelters must be at least 50% open to the elements. That provision makes them all but usless in winter weather. The House means to change that.
By a vote of 73-59, the House approved “smoking shacks” outside of bars and restaurants. This move comes in the wake of a new report that shows charitible gambling revenues are down significantly post-ban.
The measure would still need to be passed by the Sentate and signed by the governor. Being that it was tacked onto a giant budget bill, there’s no telling what this provision’s fate could be as the bill wends though the legislative process, but it’s a positive sign.
Representative Howes (R-4B) has introduced a bill (HF3818) in the state House which would amend the statewide smoking ban to permit smoking in private clubs. The bill was referred to the House Health and Human Services Committee. Unfortunately, The committee is chaired by DFLer, Tom Huntley, who was one of the villains in the conference committee that took it upon themselves to tighten the smoking ban, rather than compromise between the House and Senate versions.
Take action: Follow the links to contact the pertinent legislators and put pressure on them to support this amendment. Shoot Rep. Howes an email to thank him for bringing this amendment that is a step back in the right direction, too!
Bar owners, struggling since the implementation of the statewide smoking ban have latched onto the law’s theatrical exemption. Sheila Kromer of Barnacles was the first to test the waters. Once a couple bars braved it, others joined in, and the concept of smoking performances quickly spread like wildfire.
The legislators who crafted the ban have been fuming about the exploitation of the apparent loophole, they themselves added in. They vowed to close the loophole, either by revisiting the legislation, or by iron fist.
Rob Fulton of St. Paul/Ramsey Public Health said, “On the face of it, it’s utterly ridiculous to think you can invite a whole bunch of people to a bar and call it a theater.”
Define a theater. I’ve been to “Movies in the park” where a grassy field becomes a theater. A number of plays performed recently at Minneapolis theaters make the audience a part of the cast and production, like Tony and Tina’s Wedding (sometimes called environmental theater), for example. Here’s a list of some others: http://www.lmda.org/blog/_archives/2005/11/23/1419784.html
The Health Department, tasked with enforcing the ban went to the Attorney General for advice. Apparently, the advice was “go get ‘em and let them fight it in court.” Perhaps the Attorney General hopes to stop the theatrical civil disobediance by drowning small business owners in legal fees. Fortunately, they already have an attorney standing by to fight back.
All of this begs the question: If smoking bans are good for business (as proponents claimed), why are bar owners going to all this trouble to permit smoking in their establishments? The other obvious question is who’s hurt by this? Is anyone exposed to smoke against their will when written notice of smoking is provided to everyone before a performance?
My hat’s off to the bar owners who are fighting back against the smoking ban. I hope they keep it up and let the state force the issue into court.
As far as I can tell, the bars putting on smoking performances are well within the boundaries of the law. Their civil disobediance is free speech. It’s performance art. It’s theater. I dare the state and the courts to try and reign in those definitions.
Related:
http://wcco.com/local/smoking.ban.loophole.2.670219.html
http://www.startribune.com/local/16261261.html
We just got hit with the “Health Impact Fee” that isn’t really a fee, but a tax. That was a little over a year ago. The governor and his theiving accomplices added around 75 cents to the cost of a pack of smokes. It’s never enough, though!
A bill now moving through the legislature will increase the “Health Impact Fee”
3.13 Sec. 5. Minnesota Statutes 2006, section 256.9658, subdivision 3, is amended to read:
3.14 Subd. 3. Fee imposed. (a) A fee is imposed upon the sale of cigarettes in this
3.15 state, upon having cigarettes in possession in this state with intent to sell, upon any
3.16 person engaged in business as a distributor, and upon the use or storage by consumers
3.17 of cigarettes. The fee is imposed at the following rates:
3.18 (1) on cigarettes weighing not more than three pounds per thousand,37.550 mills
3.19 on each cigarette; and
3.20 (2) on cigarettes weighing more than three pounds per thousand,75100 mills on
3.21 each cigarette.
3.22 (b) A fee is imposed upon all tobacco products in this state and upon any person
3.23 engaged in business as a distributor in an amount equal to the liability for tax under
3.24 section 297F.05, subdivision 3, or on a consumer of tobacco products equal to the tax
3.25 under section 297F.05, subdivision 4. Liability for the fee is in addition to the tax under
3.26 section 297F.05, subdivision 3 or 4.
3.27 EFFECTIVE DATE.This section is effective for sales and purchases made after
3.28 June 30, 2008
By my reading of the bill, and decryption of the archaic system of charging in “mills,” It appears that the new “fee” will be $1.00 per pack of cigarettes.
Screw it. Why shouldn’t smokers just go ahead and fund the entire government? What not make it $10 a pack? How about $100? When is the tax burden smokers bear enough?
We have Senators Lourey, Berglin Lynch and Rosen to thank for this proposal. All Democrats, except Rosen (R - Fairmount), who some of you may recall was on the Conference Committee that, rather than compromise on the statewide smoking ban bill, actually took it upon themselves to make it stricter.
A rally organized by the Minnesota Tax Cut Coalition will take place on the steps of the capitol building at noon on Saturday, April 12th.
Rallys like this have been organized before, but with the massive tax-increase rammed through yesterday, I suspect this one will be more lively. Last year, Jason Lewis organized the largest such rally in recent memory. This year is likely to be even larger still.
Get out there and voice your anger at the huge confiscation of your money by an out of control state government. Remember, they just passed the largest tax increase in state history, and they aren’t even done. In fact, they are just getting started and are already calling for another increase in the sales tax, to fund “the arts and outdoors.” Seems to me that “the arts” and “the outdoors” already exist just fine without any more of my tax dollars propping them up.
The legislative session just started. This year promises to be very costly. Rally at the capital to show these legislators that we aren’t just going to sit back and take it.
More info: http://www.ktlkfm.com/pages/lewis/taxcut_intro.html
Congratulations, Minnesota Democrat voters. You asked for change. You wanted more Democrats in our state legislative bodies. You got it.
Hello spend-a-thon. The override of the governor’s veto today should put to rest any notion that the image of “tax-and-spend” democrats is just an outdated cliche. It’s more true now than ever, and our DFL controlled legislature just rammed through the biggest tax increase in Minnesota history. With a biannual budget of about $39 billion, the new tax bill raises another $6 billion. That’s fully 15% of the current budget.
With gas prices at an all time high, and recession looming, The legislature has raised the price of gas even more. Fuel prices affect absolutely everything, so say hello to your new friend, price inflation.
Minnesota’s working families are already among the highest taxed in the nation and will now pay hundreds more each year to our out of control, bloated state government.
People who work in the transportation industry (like myself) will be especially hard hit by the new vehicle and fuel taxes. Myself, I will pay $300 more a year in gas taxes just for work.
Everyone will also enjoy a new, higher sales tax. This should be expecially welcome in Henepin County, where we’ve just been hit with the stadium tax. A double-whammy of new sales taxes is a nice treat. Thanks, Democrat voters. Extra double thanks to the six traitorous Republicans (Abler, Heidgerkin, Tinglestad, Hamilton, Erhardt and Peterson) who broke ranks and voted with the Democrats. Your political careers are now over. I hope whatever you were paid off with was worth it.
