CONCORD, N.H. (AP) – When New Hampshire bans cigarettes in bars and restaurants on Monday, customers will be counted on to help clear the air.
“Enforcement comes down to the public to a large degree,” said Kate Frey, a state public health policy administrator. “They have the right to speak up if someone is smoking in an area they shouldn’t be.”
The new ban prohibits smoking in all restaurants and bars, as well as at any public event, such as a bingo night, at an otherwise private social, fraternal or religious club.
The Health and Human Services Department’s tobacco control program is the only authority that can handle complaints and intervene, she said.
Local authorities will not be charged with that job. And the state won’t have compliance officers roaming New Hampshire’s bars and restaurants, she said.
“They have neither the resources, nor the authority to do roaming investigations,” Frey said.
Investigations will only be conducted after a complaint has been filed with the tobacco program, she said.
Before the state gets involved, the patron of the restaurant or bar must first report the infraction to an owner or manager, who then has 30 days to rectify the situation, she said. If the problem is not solved after the waiting period, a complaint can be filed with the state.
State officials will then pick up the investigation, although, she said, they won’t likely be heavy handed.
The first step will be to speak with the bar or restaurant owner, making sure he or she fully understands the law, she said.
Then, the owner has another 30 days to comply with the new law.
The law carries a $100 fine for smokers who ignore the ban. Restaurant and bar owners face a $100 fine for the first offense and a $200 fine for multiple offenses.
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