For Information Contact:

Brian Adey
 798-5800

Oneida County Executive Joseph A. Griffo today announced that Oneida County will immediately begin granting waivers to businesses that have lost money due to the state’s indoor smoking ban. Griffo also announced a revised enforcement policy designed to ensure compliance with the law.

"The first rule of making laws is to do no harm," Griffo said. "Clearly, this law aimed at improving indoor air quality has done tremendous harm to operators of bars and restaurants. As a non-smoker myself, I fully support the law’s intent to reduce exposure to secondhand smoke, which is why we are revising our enforcement policy, but we cannot achieve that goal by destroying the livelihood of restaurant operators. Oneida County will enforce the law, but we will also protect business owners for whom this has been an economic disaster."

Griffo said rules for granting a waiver would require a business to prove that compliance would cause a fiscal hardship or otherwise demonstrate the compliance would be unreasonable. Applicants will also have to provide a plan to minimize the adverse effects upon persons subject to an involuntary exposure to secondhand smoke. Waivers will be granted by the Oneida County Health Department.

"Businesses that have contacted my office about a waiver have already been mailed the applications," Griffo said. "Our goal is to process these applications as fast as possible so that businesses that meet the criteria will have their waivers in place before Feb. 1, which is Super Bowl Sunday and a big day for our taverns and restaurants."

Griffo said applications will be available at the Health Department and on Oneida County Web site, www.ocgov.net. "A business can go on line today, print out the application and bring it in or mail it to us," Griffo said. "Using e-government can save precious time."

Griffo said Oneida County will require businesses to prove financial hardship by showing at least a 10% reduction in New York State sales tax receipts for three months since the ban took effect in July, compared with the same three months in 2002 and 2001. A business can also show financial hardship by showing that it made capital expenditures prior to July 24, 2003 that were related to providing a smoke-free environment but that the new law makes it impossible to recover the costs of the that investment. Waivers will be valid through the end of 2004. At that time, the county will evaluate its waiver policy in light of any state legislative or administrative actions that revise the Clean Indoor Air Act’s enforcement provisions. Griffo said he has contacted all state legislators to inform them about Oneida County’s policy

"The goal of our waiver policy is to work with the many bar, tavern and restaurant operators who have faced significant losses from the impact of this new law," Griffo said. "Despite the law’s good intentions, it is not helping employees who are facing reduced hours and owners who are facing reduced profits. Breathing cleaner air cannot come at the cost of income needed to support a family."

Griffo noted that while Oneida County will work with businesses facing fiscal hardships, it will also act to protect the rights of non-smokers.

"We know there is a significant negative health impact from smoking," Griffo said. "We are also required by law to uphold the Clean Indoor Air Act for the protection of our residents. Beginning today, we are implementing a complaint-driven progressive enforcement process and a graduated fine scale that will be used to enforce the law."

Griffo said the Environmental Division of the Health Department will handle complaints. It can be reached at 798-5064. The progressive enforcement policy will work this way, Griffo said:

1. Upon receipt of a complaint, the Health Department will issue a verbal warning to the business.
2. A second complaint will result in a written warning. No fine will yet be levied.
3. A third complaint will trigger an unannounced inspection. If a violation of the Act is found during the inspection, a fine will be levied. A similar process will be followed upon further complaints. The scale of fines will be:

First violation: $50

Second violation: $250

Third violation: $500

Fourth violation: $750

Fifth and all subsequent violations: $1,000

Violators can also be cited during Food Service Establishment Inspections if an Environmental Health inspector observes violations during a routine inspection of a food service establishment. Unannounced and random compliance inspections will not occur. Businesses that have received waivers but are not in compliance with the conditions of a waiver will face the same procedure along with the possible revocation of the waiver.

"We have two goals, both of which must be met," Griffo said. "We want to achieve cleaner indoor air to improve the public health and comply with the state law. We also want to work with all of our businesses so that the price of breathing cleaner air is not going out of business."