Virginia smoking ban dec. 1 !!!!!!!!

[vicflo]

not lit
not smoke
doesn't contain tobacco

All of the above pretty much exempt it from both definitions of smoke/cigarette. the fact they replied with bolded stuff is useless. If i pick up a 25 cent box of candy cigarettes and drill a hole through one and inhale through it, according to the bolded response it would be banned.

"inhaling, or exhaling of smoke" fixed

ps. hi ecf... been a longtime viewer but i decided to join in the convo.

 

[Charley]

I just read through the entire thread and it's really sad how twisted the ban has already become. I have vaped here in Culpeper at Wal Mart since the ban and was in the mall in Fredricksburg last weekend and as I was walking around, I caught the aroma of vanilla. I looked around and sure enough, someone was vaping so I took my PV out and joined him.

I also vape at my favorite Chinese restaurant, and they know all about e-cigs (obviously) and don't have a problem with it. I don't vape much there, just a puff here and there.

I am assuming that the FAQ that people are referring to on the ban is from the VDH website that states that electronic cigarettes are included in the ban? I'm new to all of this legal stuff, I just know that I am happy to have found an alternative to something that has been a major problem for years and don't want to lose my right to make my own choices, including flavors if I choose to.

I'm glad the ECF is here and the wealth of information is staggering. I've been reading various posts for about 4 hours and have learned a lot so far.

 

[jaded]

I actually talked to the owner of a Club here in Lynchburg and he told me I would have to bring something from the health dept. Looking at the FAQ I guess I won't be able to produce anything to his satisfaction.I haven't even got my 510, yet ordering between holidays probably was a bad idea, but I doubt he will keep me from using it. The club goes back smoking in Feb. anyhow.

 

[yvilla]

I actually talked to the owner of a Club here in Lynchburg and he told me I would have to bring something from the health dept. Looking at the FAQ I guess I won't be able to produce anything to his satisfaction.

Jaded, why not just print out the statute itself? Let him see that. Anyone reading it with half a brain can see what it prohibits, and what it does not! Again, here it is:

"Smoke" or "smoking" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind. LIS > Code of Virginia > 15.2-2820

Oh, and Virginia defines "cigarette" in its laws too, in several different places:

"Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (i) of this definition. The term "cigarette" includes "roll-your-own" tobacco, which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette." LIS > Code of Virginia > 3.2-4200 and LIS > Code of Virginia > 58.1-1000 and LIS > Code of Virginia > 58.1-1031 (minus the roll your own at the end) and finally, LIS > Code of Virginia > 59.1-293.1

 

[jaded]

Thats a good point yvilla, Thanks. If he does happen to look up the faq i will tell him I don't have an e cigarette I have a PVD(Personal Vaping device) and they are totally different. Now if only mine will get here I really don't want to buy another pack of cigs.

 

[Storyspinr]

For the latest update on the Health Department's position, please see my post on SmokeyJoe's thread "Virginia (mis)interpretation of statute regarding e cigarettes" under Campaigning.

 

[novasteve]

Does anyone here think mcdonnell taking office soon will have any impact?

 

[Vocalek]

Does anyone here think mcdonnell taking office soon will have any impact?

Couldn't hurt. Is the State Health Commissioner an appointed office?

 

[Vocalek]

I see a lot of people in this form who have Virginia as their location. Many have not yet responded to my request for a tally of the # packs not smoked in 2009. Please? Pretty Please with your favorite ejuice flavor on it?

http://www.e-cigarette-forum.com/fo...urgent-residents-virginia-please-respond.html

Or PM me.

 

[Raccoon]

I too had a lengthy exchange with Hagy and it was fruitless. I also had my state delegate get an opinion from the Attorney General's Office, which was that it deferred to the Health Department. A real copout.
Until a new administration is established, I suggest putting some pressure on the restaurant owners by writing letters to the editor of the kind that I had published in the Fauquier Times-Democrat. Below is the text of my letter:

Gentlemen: I like to go to a local sports bar, down a few beers, smoke a few cigarettes, and watch the big game. Imagine my consternation when a sign appeared in the window recently: "__________will be smoke-free on December 1. Sorry, it's the new state law." Similar signs are appearing all over Fauquier County. What does the new state law actually say that has proprietors so intimidated?
Section 15.2-2825E of the statute provides for a "civil penalty of not more than $25." So the actual dollar amount could be anywhere between a buck and twenty-five bucks. Couldn't that be treated as a cost of doing business?
Section 15.2-2822 provides that "Any law-enforcement officer may issue a summons regarding a violation of this chapter." Will deputies really have the time and inclination to raid restaurants and issue tickets for illegal smoking? Here in Southern Fauquier, we have recently had a murder and multiple robberies not to mention the constant speeding on Route 17. I doubt that these brave public servants will want to become known as the "smoking police."
Section 15.2-2825I reads: "Any local health department or its designee shall, while inspecting a restaurant as otherwise required by law, inspect for compliance with this section." Now that sounds ominous. Maybe the penalty for non-compliance is not just a few bucks but the possibility of being shut down. Not so. A memorandum from the Department of Health in Richmond to local health departments dated September 17, 2009 states that "A restaurant cannot be denied a permit nor can an existing restaurant's permit be placed in jeopardy for non-compliance with this law." That comports with the legislature's intent to have a nominal fine for non-compliance and with enforcement exclusively by "law-enforcement officers."
A final question: Why are owners so meekly forfeiting to a nanny government their right to decide what is best for their patrons and for the bottom line?

 

[Storyspinr]

Raccoon, that is interesting about the acting AG refusing to rule on e cigs. Hopefully, when Cuccinelli takes over on Saturday, he (or, more likely, an assistant AG) will take the time to investigate the matter and issue a ruling. Perhaps if enough Delegates request a ruling, it will get their attention. Deferring to the Health Dept. is indeed a cop-out.

If we get no satisfaction from the AG's office, there are other steps to take, but they will be extremely difficult and complicated. Still, we will attempt other methods. I'm just hoping the new AG comes through for us.

 

[Raccoon]

Storyspinr: The state statute also allows local jurisdictions to adopt smoking ordinances provided such ordinances are no more restrictive than the state statute. I wrote two Fauquier County supervisors and suggested that they adopt an ordinance which provides a fine of five bucks for a violation, which is consistent with the state statute's provision of "a civil penalty of not more than $25". I figured that this would reassure restaurant owners that a cop would not come and give out daily $25 tickets (as unlikely as that is) and would also leave the owners with no excuse not to accommodate their smoking patrons. I got no response from my supervisors but maybe it would work in other jurisdictions.

 

[dry]

Yvilla,
Thanks for that post. I am from Virginia and I will be subscribing to these post, so I can keep up to date.
Thanks
Dry

 

[rothenbj]

I too had a lengthy exchange with Hagy and it was fruitless. I also had my state delegate get an opinion from the Attorney General's Office, which was that it deferred to the Health Department. A real copout.
Until a new administration is established, I suggest putting some pressure on the restaurant owners by writing letters to the editor of the kind that I had published in the Fauquier Times-Democrat. Below is the text of my letter:

Gentlemen: I like to go to a local sports bar, down a few beers, smoke a few cigarettes, and watch the big game. Imagine my consternation when a sign appeared in the window recently: "__________will be smoke-free on December 1. Sorry, it's the new state law." Similar signs are appearing all over Fauquier County. What does the new state law actually say that has proprietors so intimidated?
Section 15.2-2825E of the statute provides for a "civil penalty of not more than $25." So the actual dollar amount could be anywhere between a buck and twenty-five bucks. Couldn't that be treated as a cost of doing business?
Section 15.2-2822 provides that "Any law-enforcement officer may issue a summons regarding a violation of this chapter." Will deputies really have the time and inclination to raid restaurants and issue tickets for illegal smoking? Here in Southern Fauquier, we have recently had a murder and multiple robberies not to mention the constant speeding on Route 17. I doubt that these brave public servants will want to become known as the "smoking police."
Section 15.2-2825I reads: "Any local health department or its designee shall, while inspecting a restaurant as otherwise required by law, inspect for compliance with this section." Now that sounds ominous. Maybe the penalty for non-compliance is not just a few bucks but the possibility of being shut down. Not so. A memorandum from the Department of Health in Richmond to local health departments dated September 17, 2009 states that "A restaurant cannot be denied a permit nor can an existing restaurant's permit be placed in jeopardy for non-compliance with this law." That comports with the legislature's intent to have a nominal fine for non-compliance and with enforcement exclusively by "law-enforcement officers."
A final question: Why are owners so meekly forfeiting to a nanny government their right to decide what is best for their patrons and for the bottom line?

l

I live in PA, but also have a second home in very rural SW VA. You know, bible belt country. The PA smoking ban has been around for about a year now. BTW, my PA location is about 30 miles out of Philadelphia. I'm not sure how the law is working here since some bars have banned, others remain smoking bars, most of the private clubs are still smoking. The one fire company that has a bar went non-smoking for about 6 months but reverted back to smoking in the bar area because of lack of clientele. I suppose the pressure of having other bars and private clubs where people could smoke got to them. Since returning to smoking, they now see people returning to them.

Vaping in these places is no problem and I've never even been questioned, other than curiousity, in those establishments that went smoke free.

I haven't been down to VA since the ban went into effect. There are only two bars in the entire county so I'll be curious how things are in your neck of the woods.

 

[Texanmike]

In New York City, several years ago, they did the same thing: Smoking was permitted only in separate rooms with special ventilation systems. The systems worked well - you could go in those rooms and smoke, and none of the smoke seemed to leak out to bother the non-smokers in the rest of the bar. But that only lasted a couple of years before the ban was extended to include ALL space within a bar.

The problem was that bar owners spent many thousand of dollars building special smoking rooms and installing special, expensive ventilation systems, only to have them rendered useless a couple of years later. I'll bet that the same thing will happen in Virginia.

Now, in New York, you can only smoke in specially designated "cigar bars", of which there are few.

The real problem with that is that a bar is not "public" property.

Mike

 

[JollyRogers]

Was in the Fredericksburg Pub today (by Spotsy mall) and asked the waitress if I could vape... She said absolutely and asked were she could get an e-cig. I had a few people look at me funny, but enjoyed my beer, meal, and dessert along with my e-cig!

She said they have a regular there that vapes and checked into the law... and where good with it. I am betting someone here had something to do with that.

 

[Guineahill]

Hehe - I vape there! I spread the word whenever I can!!!!



Oh! Welcome to the forum!!!

 

[Halcyon]

I frequently vape in restaurants and bars in Winchester, but ONLY AFTER asking my server or bartender. I've never once been denied and have had almost a dozen of them purchase SideSho's from me or Tony at Modern Vapor after I explained it. Until the law is re-written to actually include E-cigs, and not just a little note in the FAQ on the website or a broad statement such as "any and all lit cigarettes" (which the E-cig is not anyway), I will continue to do so. Most of the bartenders in town know me by first name because of it anyway, and they love them due to the fact that it can and does keep their business more steady.

 

[Lab]

I went through this ban in ohio.. when i smoked.. and I liked it.. even when i smoked I would sit in non-smoking half the time was ...... that there was still a cloud of smoke in the non-smoking where i want to taste my food not be overwhelmed with smoke.. so since i could wait for a cig i could wait to use my pv

as far as bars.. by the time i was old enough to get in them i was tired of booze so did not care.. but the ban lets family run and owned places smoke in them, and private clubs.. so the local bars sold membership for the price of a beer it came with a printed card and the membership came with a drink on the house.. since it was a pay membership they became a private club allowing ppl to smoke there.

 

[mr quackums]

so the local bars sold membership for the price of a beer it came with a printed card and the membership came with a drink on the house.. since it was a pay membership they became a private club allowing ppl to smoke there.

i love solutions like that