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Home > What's New > Fairhaven Fights the Law
Fairhaven Fights the Law
Posted: Thursday, August 26, 2004
By Michael Moretti The law may eventually win, but owners of restaurants and bars in Fairhaven, Massachusetts, are prepared to fight the statewide smoking ban enacted in early July for as long as possible.
In early August, smoking returned to the coastal community at The Old Oxford Pub. The Old Oxford took advantage of a loophole in the law that states that exemption can be granted if a business can prove that a large percentage of its revenue comes from the sale of tobacco products.
Old Oxford applied for this exemption. Whether it gets the full release from the state or not remains to be seen, but state inspectors will not examine the receipts until November. So, in the meantime, the enterprising pub can allow people to light up again within its walls until everything is settled.
This sparked fervor among other business owners in Fairhaven, according to reports from The Standard Times. Several bars and restaurants now aim to apply for the special license of exemption, and regardless of the outcome, reap the benefits of at least a few months of smoking while the authorities investigate claims and decide whether claims are justified.
When smoking was outlawed in Massachusetts, there were approximately 100 cities and towns in the state that already had laws outlawing indoor public smoking, including Boston, which voted for a citywide ban in December 2002.
Smokers are subject to a $100 fine for each offense and businesses catering to smoking clients inside their establishments face up to a $300 penalty.
Massachusetts joins New York, Maine, Connecticut, Delaware, Florida and California, which have all prohibited smoking statewide. Also in Cigar News:
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