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Loophole In Smoking Bylaw! Puff Away!
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| Jayx1 |
| there is one major loophole in the new law that nobody is talking about. The fact that By-law enforcement officers have no legal right to demand identification from you. If they cant identify you they cant charge you. You are legally entitled to tell them to off if they ask for ID. You are also legally able to tell them your name is Charlie Brown or Elvis Presley if they ask. Therefore, puff away until security at a club asks you to put it out (and maybe they wont even ask) because you are under absolutely no threat of getting fined yourself. |
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| starsearcher |
| quote: | Originally posted by Jayx1
there is one major loophole in the new law that nobody is talking about. The fact that By-law enforcement officers have no legal right to demand identification from you. If they cant identify you they cant charge you. You are legally entitled to tell them to off if they ask for ID. You are also legally able to tell them your name is Charlie Brown or Elvis Presley if they ask. Therefore, puff away until security at a club asks you to put it out (and maybe they wont even ask) because you are under absolutely no threat of getting fined yourself. |
Alrght I'll come with you and I wanna see you pull this off :p |
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| Wurm |
| Can't they fine the establishment for not enforcing the ban? |
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| Jayx1 |
Fines to target owners
SMOKERS DON'T HAVE TO GIVE ID
By ZEN RURYK, CITY HALL BUREAU CHIEF
Most butt out, a few don't
Who you gonna call?
TORONTO HEALTH officials vow to take a zero-tolerance approach to enforcing the city's butt ban in bars. The city has eight inspectors working full-time on enforcing Toronto's no-smoking bylaw.
"They work hours that are in line with the hospitality industry -- evenings, weekends ... overnight in some cases," Ron Colvin, of Toronto's health department, said.
Inspectors will primarily rely on complaints when enforcing the smoking rules, although they will also conduct some spot checks.
$225 FOR FIRST OFFENCE
They'll typically issue $255 tickets for those charged with a first offence. Repeat offenders can face fines as high as $5,000.
"Our enforcement staff are instructed to first look for compliance on behalf of the proprietor," Colvin says. "If the proprietor is not taking any action whatsoever to prevent smoking in their establishment, that's going to be our focus entirely."
However, if bar owners are doing everything in their power to ensure patrons comply with the bylaw, the enforcement officers will target customers who light up, Colvin says.
NO LEGAL AUTHORITY
However, a health department spokesman adds that it can be difficult to go after patrons because inspectors have no authority to require people to produce identification. As a result, it's expected that inspectors will charge owner- operators of the establishments rather than individuals.
While inspectors were on the job last night, it will likely be today before any charges are laid.
In the event they believe a pub owner has violated the bylaw, inspectors want to check licensing information to ensure they have correctly identified the proprietor before formally filing charges. |
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| starsearcher |
So you wanna be a smartass and risk a $250 fine on technicality?
You know you'll still get it eventually...what's the point or being a smartass??? :rolleyes: You'll just piss off everyone around you including the owner and customers lol |
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| PartyHarlequin |
| I'd agree, there's no point to causing a scene (In a club I'm assuming you like going to) just for a cigarette and some farfetched technicality. |
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| Skipper |
If the club does not want to be fined, they will enforce the bylaw.
If you don't want to get kicked out of the club, then you won't smoke.
get it? |
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| Jayx1 |
im pretty sure the scenerio will be this.
CLubs allow patrons to smoke..when smoking police show up they will tell patrons to butt out thus showing that they are trying to enforce the law. When the smoke police demand ID and the patron is smart the patron will tell them to off. I dont think security will do anything more than ask you to butt out. If you dont, then they might get nasty.
This is why i suggest everyone smoke until club security asks you to quit.
And you dont want to smoke because you may upset people? How quaintly canadian. You arent risking a fine because all you have to do is tell them you arent producing your ID. Simple as that. |
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| StereoPrincess |
| i can't believe how annoying your online personality is. |
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| Jayx1 |
Why? because i advocate freedom and rights?
Some people get offended too easily i guess. |
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| starsearcher |
| quote: | Originally posted by Jayx1
Why? because i advocate freedom and rights?
Some people get offended too easily i guess. |
Smoking in public is no longer a freedom, or a right :p |
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