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Posted on 11/09/2003 12:30:26 PM PST by martin_fierro
A judge has ruled that a suburban topless bar does not qualify as a cigar bar exempt from the state indoor smoking ban just because 10 percent of its revenue comes from tobacco sales.
The owner of Diamond Dolls in Salina sued the Onondaga County Health Department in August after it was denied the exemption from the Clean Indoor Air Act, which generally requires a smoke-free workplace.
Only one bar in the county, Awful Al's in Syracuse, is a cigar bar with smoking permitted, Health Commissioner Dr. Lloyd Novick told The Post-Standard.
Diamond Dolls owner Ken Rubin claimed he met the only cigar bar criteria the state Legislature established because 10 percent of his 2002 gross revenue came from cigarette sales, even though the club doesn't actually sell cigars.
Acting State Supreme Court Justice James McCarthy ruled that fact does not transform the adult establishment into a cigar bar.
Rubin said an adult entertainment bar in Buffalo has been registered as a cigar bar, and he is considering an appeal.
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The solution is simple, of course. You Yanks just need to fly down here to Alabama where we allow people to smoke everywhere, and where our topless bars are filled with cute young coeds earning money in between their college classes (one caution: Southern topless bars are devoid of talent during Spring Break and Summer vacation).
"I'm deeply saddened by this news."
That explains the decision.
FMCDH
I said it years ago. When the smoking ban finally kicks in and starts hurting, permits will be available in the exact same fashion as "dancing" permits came to be.
When dancing was banned in the 50's because of the new jukebox record players at drug stores and soda shops, permits where sold to businesses that could afford the price of the permit and the cost of remodeling the establishment to comply with the new 'no dancing' laws' exemptions, but the jukebox lived on until technology outgrew them.
Same crap, different ban. 50 years later.
LOL! Is that where algore hangs out at?
Thanks for the tip. Do the strippers accept confederate dollars?
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