Smoking law, rules infiltrate Gambling Control
Pub Date: 1/1/2003
Huntington then said a rule change would be required to accommodate a Department of Public Health and Human Services request to add to the license application forms a box to check indicating if an applicant intended to be a smoking or non-smoking establishment.
That spawned a long discussion of the smoking legislation and pending rules, with some contention about whether a licensee was required to formally apply for an exemption certificate, or whether that was optional.
Staples clarified that he believed it would be more efficient for all to apply and suggested a check box be added to exemption applications to indicate if a location would be undertaking some remodeling to comply with smoke infiltration and under-age exposure rules.
He noted that the law was to take effect Oct. 1, but that the rules hearing was scheduled for Sept. 30, effectively precluding prompt implementation of the law. He said a "grace period" would be required before the law could be enforced.
Further, any premise modifications need to be approved by the Department of Revenue and that operators would also need a reasonable "grace period" to get approval of the modifications, then to actually complete them.
When Carson asked what exactly was Gambling Control's role in the smoking law, Huntington replied that they would have some of the data required to claim eligibility.
"If you don't ask for an exemption, you'll be considered non-smoking," he said.
Source: The Montana Tavern Times, Oct. 2005, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.