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SMOKE AND IRE OVER FREE JAVA (NYC Tobacco shop owner fined for providing customers free coffee)
New York Post ^ | 8/31/2009

Posted on 09/01/2009 4:44:01 PM PDT by SeekAndFind

Put down that coffee, and come out with your hands up!

The owner of a Financial District tobacco shop was amazed to learn he was violating the law by offering his customers a free cup of joe while they legally puffed away on his cigars.

Vince Nastri III, the third-generation owner of Barclay Rex -- where bankers, City Hall staffers, lawyers and detectives smoke while sitting in plush leather chairs or browsing in the walk-in humidor -- complained that the city is "trying to take away my livelihood over a cop of coffee."

Health officials had no problem with all the cigars his customers were puffing on -- a handful of businesses, including Nastri's, are exempt from Mayor Bloomberg's anti-smoking laws -- but decided a $9,000 coffee machine was grounds for closing the place down.

"We didn't survive in business for 99 years by breaking laws. But this is just petty," said Nastri, whose shop's past customers have included Frank Sinatra, James Cagney and former Mayor Rudy Giuliani.

Nastri first got into hot water on June 10, when Health Department inspectors arrived at his shop, at 75 Broad St., to check out a complaint that cigar odor was wafting to the building's upper floors.

The inspectors decided the complaint was unfounded. But one inspector pointed out the coffee machine, which customers used gratis to make themselves espressos, lattes and cappuccinos.

"That's illegal," the inspector pronounced -- and issued Nastri a citation, which can lead to fines ranging from $200 to $2,000.

Nastri found himself in a classic Catch-22 situation.

To serve coffee -- even free coffee -- he needs a permit to operate a food-service establishment. But smoking is banned in food-service establishments.

Realizing that resistance would be futile, Nastri had the machine removed.

(Excerpt) Read more at nypost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: coffee; newyorkcity; tobacco
The New York Post is outraged over this stupid law....

They write :

------------------------------------------------------------------------

The soft tyranny of Mayor Bloomberg's anti-smoking jihad becomes ever more apparent.

Witness the plight of Barclay Rex cigar shop in the Financial District, one of the last remaining establishments where New Yorkers can light up legally.

Even Mayor Mike can't reasonably object to that: Owner Vince Nastri's customers, one presumes, visit in part be cause of the second-hand smoke.

But the mayor's men can make their lives as difficult as possible.

As The Post reported yesterday, Nastri was slapped with a Health Department citation merely for offering free coffee to his customers.

The citation could lead to fines of up to $2,000, so Nastri got rid of the coffee machine.

Besides, regulators determined, if he wanted to keep it, he'd need a permit to operate a food-service establishment.

But getting one of those would automatically subject him to Mayor Mike's smoking ban -- and put him out of business.

Tough luck, says the city.

This isn't just an outrage -- it's entirely unnecessary.

1 posted on 09/01/2009 4:44:01 PM PDT by SeekAndFind
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To: SeekAndFind

The problem is that most people, at heart, do not believe in freedom.

Most people would gladly give up their freedom in exchange for the right to mind their neighbor’s business. Its not even close.


2 posted on 09/01/2009 4:47:30 PM PDT by marron
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To: SeekAndFind

This is the kind of thing that keeps Bloomberg from higher office. He’s just another kind of Nazi. We have quite enough of them as it is.


3 posted on 09/01/2009 4:48:04 PM PDT by muawiyah
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To: marron

I wouldn’t be surprised if COFFEE is the next target of the government’s attempt to make us live a “healthier” life. CAFFEINE will be the next nicotine.

As we allow the government to take over healthcare, they can always say, hey, we’re paying for your health, therefore, we get to decide what’s healthy for you. Otherwise, you will end up COSTING the government money.

It’s coming folks, unless we collectively stop it.


4 posted on 09/01/2009 4:50:23 PM PDT by SeekAndFind
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To: SeekAndFind

WE ARE THE GOVERNMENT, YOU WILL BE ASSIMILATED, RESISTANCE IS FUTILE.


5 posted on 09/01/2009 4:53:15 PM PDT by staytrue
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To: SeekAndFind

A $9,000 coffee machine??? Sounds like overkill... no wonder Bloomberg’s goons got their panties in a twist. I bet if he had a Mr Coffee they’d have let it slide.


6 posted on 09/01/2009 4:53:48 PM PDT by theDentist (fybo qwerty ergo typo : i type, therefore i misspelll)
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To: SeekAndFind

So, I guess all you auto dealers and service centers had better get one of those nazi permits too, or get rid of your coffee pots. Ditto Dr. Offices.


7 posted on 09/01/2009 4:54:11 PM PDT by gidget7 (Duncan Hunter-Valley Forge Republican!)
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To: SeekAndFind

The Sopranos would be a soft touch compared to Bloomie’s NYC enforcers. I hate anti-capitalist smoke nazis.


8 posted on 09/01/2009 4:56:28 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: SeekAndFind

...city is “trying to take away my livelihood over a cop of coffee.”

&&&&
A COP of coffee? Is this one of those stupid cops-in-the-doughnut-shop jokes?


9 posted on 09/01/2009 4:56:44 PM PDT by Bigg Red (Palin/Hunter 2012)
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To: gidget7
So, I guess all you auto dealers and service centers had better get one of those nazi permits too, or get rid of your coffee pots. Ditto Dr. Offices.

Better add banks to that list also.

10 posted on 09/01/2009 4:57:23 PM PDT by Irish Eyes
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To: muawiyah
"Nazi's, I hate nazi's."

That guy in that famous movie

11 posted on 09/01/2009 4:58:37 PM PDT by norraad ("What light!">Blues Brothers)
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To: SeekAndFind

Send this to Rush and Drudge.


12 posted on 09/01/2009 4:58:41 PM PDT by Jet Jaguar
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To: Irish Eyes

...sshhhhhh, shut up, you’ll get us all in trouble....


13 posted on 09/01/2009 4:59:24 PM PDT by norraad ("What light!">Blues Brothers)
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To: Irish Eyes
Better add banks to that list also.

My aunt owns a huge beauty salon where she provides coffee to customers for free. She is now in danger of the police harassing her for entertaining her best customers. I never expected this country to become like this.
14 posted on 09/01/2009 5:02:31 PM PDT by SeekAndFind
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To: SeekAndFind
I wouldn’t be surprised if COFFEE is the next target of the government’s attempt to make us live a “healthier” life.

Actually, I'm reading positive health effects of drinking coffee... it has lots of antioxidants

Just like anything else... drink it in moderation...

15 posted on 09/01/2009 5:04:21 PM PDT by John123 (If Teddy was the lion of the senate... then we were the prey.)
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To: Jet Jaguar
Send this to Rush and Drudge.

The New York Post already reported it, they should know about it. Besides, Rush is on vacation this week. He won't be able to pick this up ( if he ever does ) until he comes back.
16 posted on 09/01/2009 5:04:27 PM PDT by SeekAndFind
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To: SeekAndFind

A man has a coffee machine in a smoking place and it violates one local reg, government will close him down and fine him. Moody and other rating agencies issue memos to their analysts not to ask for the loan application data for all the mortgages in mortgage back securities if they know what is good for them, and furthermore the management hint to the analysts to find a way to satisfy the clients who want the securities rated in such a way investors will not hesitate to buy them. These memos have been made public by a number of honest analysts, government regulators are aware of its existance and how it documents rating companies directing analysts to give AAA ratings to mortgage backed securities without even looking at the loan data (which turned out to be very bad). That alone should be grounds to close the rating agencies, supervisors/CEO investigaged and audits by the fed authorities. Little guy breaks law, he gets shut down, corporate America breaks laws, and nothing happens yet. Look up William Black on youtube. He was the regulator that closed down the S&L owned by Keating, a powerful banker in Arizona. Today he is appalled at the lack of action by the government since the FBI in 2004 was warning the Treasury of widespread loan application fraud and its potential impact on the financial system. The regulators under GWB did nothing and they are still doing nothing under Obama.


17 posted on 09/01/2009 5:06:30 PM PDT by Fee (Peace, prosperity, jobs and common sense)
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To: John123
Actually, I'm reading positive health effects of drinking coffee... it has lots of antioxidants

Yes, I've been reading news about its benefits too. But what matters is what the bureaucrats say.

And don't even try to tout its health benefits, it might be regulated as a drug, which means the FDA gets involved ( which is even worse ). :)
18 posted on 09/01/2009 5:06:40 PM PDT by SeekAndFind
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To: SeekAndFind

Gotta love that govment. They are here to help, you see. Why must you hate poor govment so?


19 posted on 09/01/2009 5:08:47 PM PDT by vpintheak (4-times an extremist)
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To: SeekAndFind

For a lot less than $9,000 (plus the cost of coffee, cups, etc.) this guy could have had his own staff take orders from the customers, then walk across the street to a coffee shop and buy the coffee themselves — then give it to the customers for free.


20 posted on 09/01/2009 5:17:58 PM PDT by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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To: SeekAndFind; marron

21 posted on 09/01/2009 5:23:09 PM PDT by WVKayaker (Sufficiently advanced technology is indistinguishable from magic. -Arthur C Clarke)
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To: Eric Blair 2084

Nanny State Ping.


22 posted on 09/01/2009 5:26:35 PM PDT by Army Air Corps (Four fried chickens and a coke)
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To: SeekAndFind

Don’t laugh. College students no longer live for the joe as before. Now they prefer energy and herbal drinks. Coffee is largely an adult drink again.


23 posted on 09/01/2009 5:33:54 PM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: AppyPappy
Coffee is largely an adult drink again.

Then why on earth do I see a lot of under 20's in my local Starbucks, Dunkin' Donuts and MacDonalds drinking (get this ) -- COFFEE ?
24 posted on 09/01/2009 5:35:39 PM PDT by SeekAndFind
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To: Alberta's Child
For a lot less than $9,000 (plus the cost of coffee, cups, etc.) this guy could have had his own staff take orders from the customers, then walk across the street to a coffee shop and buy the coffee themselves — then give it to the customers for free.

But the point still stands --- Why spend government resources on this particular innocent case ?

What if instead of providing coffee, they gave their customers soda, pastries, tea or some other drink ? Are they going to be classified as a food and drink establishment then ?

When will this madness end ?
25 posted on 09/01/2009 5:39:19 PM PDT by SeekAndFind
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To: gidget7

Great point! I wonder what the answer is to that?


26 posted on 09/01/2009 5:51:32 PM PDT by rawhide
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To: SeekAndFind

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”

(’Atlas Shrugged’ 1957)


27 posted on 09/01/2009 6:22:18 PM PDT by Raymann
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To: norraad
...sshhhhhh, shut up, you’ll get us all in trouble....

Ok......will not keep adding to the list.

;)

28 posted on 09/01/2009 7:57:55 PM PDT by Irish Eyes
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To: SeekAndFind
Oh, I agree with you 100%.

If it were my business involved, I wouldn't have a problem because I would have known better than to open it in New York City.

I find it particularly ironic that the article specifically lists former mayor Rudy Giuliani among the customers of this establishment. For all the great work his administration did for New York City, it should also be pointed out that he pretty much personified the term "totalitarian nanny-state" when he was in office.

29 posted on 09/02/2009 3:33:57 AM PDT by Alberta's Child (God is great, beer is good . . . and people are crazy.)
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