GIA board wants fair smoking enforcement
By Cole Boehler
Montana Tavern Times
The Clean Indoor Air Act, set to take effect in less than one month, topped the Gaming Industry Association's agenda for its board of directors meeting at the Best Bet in Helena Aug. 26.
But as is characteristic of GIA, discussion was blunt, quick and to the point: GIA stands firmly behind the law passed in 2005, which granted businesses licensed for on-premise adult beverage service and gaming a conditional four-year exemption which expires Oct. 1 when the law will be fully implemented.
Most of the discussion ranged over the mechanics of enforcement, which GIA also said it desired and expected to be applied evenly, fairly and across the board.
GIA Executive Director Neil Peterson noted the law, and the subsequent amended rules published in August, affirm the statute regulates only smoking in indoor spaces accessible to the public, and that outdoor, unenclosed smoking areas are clearly allowable under the law.
He said some local governments may consider further restrictions on building exteriors and that licensees should be vigilant to these potential developments. Peterson suggested a proactive stance by business in relation to local government would be constructive and would help assure a reasonable application of any local ordinances.
Peterson said some people are speculating implementation of the smoking law will touch off significant conflicts, but from his perspective he thought it would be a "non-event."
One member said "even enforcement needs to occur for the law to work," and another said, "That's the hardest part, but those in compliance will complain against those who are not. In Nevada the conflicts were between patrons," those who lit up in defiance of the law, and those who expected a smoke-free environment.
Overly zealous local authorities could also hamper smooth implementation, said one member. "We all need to take a measured and reasoned approach," allow some time for patrons, operators and enforcement to get used to the new reality before bringing to bear the full bludgeon of the law, he suggested.
Peterson also told the directors that Department of Public Health and Human Services staff who drafted the proposed rules, after a public hearing where business interests voiced objections, published them with amendments that correctly rejected a clause that would have allowed anonymous complaints to be filed alleging violations.
Allowing anonymous complaints would have created a scenario where abuses may have occurred, Peterson said. He noted GIA, Montana Tavern Association, Montana Coin Machine Operators and individual business owners testified at the hearing.
Regarding new gaming rules, Peterson told the board that rules language defining "associated gaming businesses" had been satisfactorily worked out to assure the new law calling for licensure of these businesses was not overreaching.
In addition, rules clarifying the use of credit cards to obtain cash advances for gambling purposes have also been worked into functional shape, Peterson said.
New proposed liquor rules governing incentives meant to induce increased certified server training are coming along, too, he said, and include a new penalty schedule. Under the proposal, licensees who train servers in certified programs will face a written reprimand for first offense serving a minor, a $100 fine for second offense, a $250 fine for third offense, $750 for fourth offense, $1,500 for fifth offense, and revocation for a sixth offense during a three-year period.
It was noted that in the license file an under-age service violation will be combined with any other violations that may occur in determining penalties and corrective sanctions, as has been the case.
An industry proposal has been floated to form a server training coalition comprised of GIA, Tavern, Petroleum and C-store, Innkeepers, Restaurant, Beer and Wine Wholesalers and Grocer's Associations, Peterson told the board. The board voted to back the idea and actively participate if the proposal matures.
Peterson also reminded the board a subcommittee of the Gaming Advisory Council was working to develop a proposed streamlined process for simply amending a liquor license when a party to the license leaves, for example in the case of a partner dissociation, a death or a divorce. He said the subcommittee will be meeting Sept. 9 or 10 and should have a proposal ready for consideration at the next GAC meeting Oct. 23.
Currently, when a party to a license leaves, that triggers a whole new ground-up license application process, including reinvestigations of all the current partners, a costly and labor-intensive ordeal.
The directors then heard a report from Mark Ehli, who operates a bingo business in Billings. He said all bingo licensees had been invited to a recent meeting to discuss possible game format changes that might revitalize the lagging game.
He said 16 people attended representing 10 bingo entities. There was unanimous agreement that changes needed to be made, he said. The price of a card, maximum payouts per game and per session, the definition of a "session" and restricted "special sessions" all need to be considered, Ehli said.
When it was ascertained that proposed changes in bingo rules would not affect live keno games, and when it was agreed bingo changes would not affect machine gaming, the board voted its endorsement of the bingo operators efforts as they refine their proposal and prepare it for presentation to the Gaming Advisory Council Oct. 23.
Under "new business" there were brief discussions on: the potential for citizen initiatives to raise business taxes, the status of Indian gaming compacts in Montana and activity at the federal level, potential moves in Congress to authorize Internet gambling, and whether VGM win tickets in Montana ought to be subject to expiration in order to reduce fraud and since the new thermal-printed tickets are subject to significant deterioration through time and exposure to light and heat.
Business was concluded in just two-and-a-half hours. The board set Nov. 11 for its next meeting.