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Topic: State of Iowa Smoke Free beginning July 1
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Page 1 of 3 of 45 replies
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July 02, 2008 at
05:11:03 PM
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Just an FYI--due to our elected officials in the legislature/capitol here in Iowa, it is against the law to smoke in public places.
All restaurants, bars, public places (this is the gray area in my opinion) such as parks / campgrounds, it is illegal to smoke. All fairgrounds it is legal to smoke at, with the exception of the grandstand area. There are fines for both the smoker and the establishment, so if I were a smoker, I would expect to see it being enforced (since most establishments can't afford the fines).
I am not a smoker, and to me, this is a stupid law (if I owned a business, shouldn't I be the one deciding whether it is smoke free or not?).
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July 02, 2008 at
05:43:16 PM
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Reply to:
Posted By: vande77 on July 02 2008 at 05:11:03 PM
Just an FYI--due to our elected officials in the legislature/capitol here in Iowa, it is against the law to smoke in public places.
All restaurants, bars, public places (this is the gray area in my opinion) such as parks / campgrounds, it is illegal to smoke. All fairgrounds it is legal to smoke at, with the exception of the grandstand area. There are fines for both the smoker and the establishment, so if I were a smoker, I would expect to see it being enforced (since most establishments can't afford the fines).
I am not a smoker, and to me, this is a stupid law (if I owned a business, shouldn't I be the one deciding whether it is smoke free or not?).
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and people thought california was bad!
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July 02, 2008 at
06:31:37 PM
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12/04/2004
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Started in Ohio here a year or so ago.Best thing that ever happened in this state.
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July 02, 2008 at
06:47:11 PM
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283
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About two years ago, I heard someone say Michael Baldwin had purchased some property in Iowa.
I guess it must be true!
And I thought California had the distinction of being the leader in some "weird" government rulings!
Calling an illegal immigrant an "undocumented worker"
is like calling a drug dealer an "unlicensed
pharmacist!"
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July 02, 2008 at
07:28:22 PM
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01/09/2005
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next, the dust @ your local dirt track.
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July 02, 2008 at
08:09:18 PM
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Cool....my first trip to IOWA will be a more enjoyable one.
______________________________________________________
"The Posse has been handing it to the Outlaws longer
than the World of Outlaws has been winning the
Knoxville Nationals. Quaker State skills are never on
trial." - Kevin Eckert
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July 02, 2008 at
08:52:54 PM
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Be sure to remember that if you are driving through a construction zone to watch the speed limit...I believe the new speeding fine in those areas if your like 25 over is a grand....
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July 02, 2008 at
10:37:09 PM
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Its been like that in NY for 3 or 4 years now.
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July 03, 2008 at
05:31:45 AM
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12/02/2004
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So, parks and campgrounds are included because.....
Wait'll they decide to protect you against methanol exhaust fumes.
Brilliant, Iowa!! And I thought Ohio's law was over the top...
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July 03, 2008 at
08:09:30 AM
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(if I owned a business, shouldn't I be the one deciding whether it is smoke free or not?).
If the businesses such as restrurants/bars would have made their shops smoke free years ago when everyone else started passing laws the rest of the smoke free locations likely would have been left alone. To many attitudes like the statement above for that to happen without legislation though.
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July 03, 2008 at
08:44:55 AM
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I seen nothing about campgrounds in the document. I heard some business owners (local bar owners here) are trying to find loopholes to get around it but are finding it difficult. One option I heard they were looking at was redefining their bars as "Private Clubs" with a very small membership fee of $.01. Another was reclassifying the establishment as a Bar& Smoke Shop. Seems like the law had paragraphs in it that shot these ideas down but have not heard any more about it. Personally I am not a smoker (Unless I have had a lot
to drink) then I will smoke cigs or a cigar. So I am all for the law.
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July 03, 2008 at
09:22:47 AM
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http://www.iowasmokefreeair.gov/
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For complete line of Sponsor Awards check out
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Duane Davis
Laser Engraving
641-751-7777
101 N Center
Marshalltown, Iowa
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July 03, 2008 at
09:42:19 AM
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This message was edited on
July 03, 2008 at
09:44:05 AM by vande77
Reply to:
Posted By: Paintboss on July 03 2008 at 08:44:55 AM
I seen nothing about campgrounds in the document. I heard some business owners (local bar owners here) are trying to find loopholes to get around it but are finding it difficult. One option I heard they were looking at was redefining their bars as "Private Clubs" with a very small membership fee of $.01. Another was reclassifying the establishment as a Bar& Smoke Shop. Seems like the law had paragraphs in it that shot these ideas down but have not heard any more about it. Personally I am not a smoker (Unless I have had a lot
to drink) then I will smoke cigs or a cigar. So I am all for the law.
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straight from the website
6 34 Sec. 3. NEW SECTION. 142D.3 PROHIBITION OF SMOKING ==
6 35 PUBLIC PLACES, PLACES OF EMPLOYMENT, AND OUTDOOR AREAS.
7 1 1. Smoking is prohibited and a person shall not smoke in
7 2 any of the following:
7 3 a. Public places.
7 11 2. In addition to the prohibitions specified in subsection 7 12 1, smoking is prohibited and a person shall not smoke in or on 7 13 any of the following outdoor areas: 7 14 a. The seating areas of outdoor sports arenas, stadiums, 7 24 e. The grounds of any public buildings owned, leased, or 7 25 operated by or under the control of the state government or 7 26 its political subdivisions, including the grounds of a private 7 27 residence of any state employee any portion of which is open 7 28 to the public with the following exceptions: 7 29 (1) This paragraph shall not apply to the Iowa state 7 30 fairgrounds, or fairgrounds as defined in section 174.1. 7 31 (2) This paragraph shall not apply to institutions 7 32 administered by the department of corrections, except that 7 33 smoking on the grounds shall be limited to designated smoking 7 34 areas. 7 35 (3) This paragraph shall not apply to facilities of the 8 1 Iowa national guard as defined in section 29A.1, except that 8 2 smoking on the grounds shall be limited to designated smoking 8 3 areas.
So, they wrote teh law to be a gray area. According to what I read, any grounds with a state / public buildings must be smoke free (wouldn't that apply to the campgounds @ Lake Red Rock???? Maybe I'm reading it wrong, of course, like all legislators, they think they're doing us all a favor by telling us what we can and can't do.
Here's what I found regarding "private clubs" as you stated above
4 19 15. "Private club" means an organization, whether or not 4 20 incorporated, that is the owner, lessee, or occupant of a 4 21 location used exclusively for club purposes at all times and 4 22 that meets all of the following criteria: 4 23 a. Is operated solely for a recreational, fraternal, 4 24 social, patriotic, political, benevolent, or athletic purpose, 4 25 but not for pecuniary gain. 4 26 b. Sells alcoholic beverages only as incidental to its 4 27 operation. 4 28 c. Is managed by a board of directors, executive 4 29 committee, or similar body chosen by the members. 4 30 d. Has established bylaws or another document to govern 4 31 its activities. 4 32 e. Has been granted an exemption from the payment of 4 33 federal income tax as a club pursuant to 26 U.S.C. } 501.
Here's what they put in regarding those (seems like they're closing all the loopholes.
Sec. 4. NEW SECTION. 142D.4 AREAS WHERE SMOKING NOT 8 5 REGULATED.
5. Private clubs that have no employees, except when being 8 30 used for a function to which the general public is invited, 8 31 provided that smoke from these locations does not infiltrate 8 32 into areas in which smoking is otherwise prohibited under this 8 33 chapter. This exemption shall not apply to any entity that is 8 34 established for the purpose of avoiding compliance with this 8 35 chapter. So basically, a bar / resaurant has no chance of becoming a private club under what the state deems to be a private club (and from what I am reading, neither does a private golf course, as they have employees). Stupid idiots on capitol hill....
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July 03, 2008 at
10:23:50 AM
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I like what some bars in the twin cities did. It seems that someone slipped an exception for actors on stage so some bars instantly turned into theaters. Everyone walking through the door plays a charchter in a play called "Before the Ban"
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July 03, 2008 at
10:30:06 AM
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12/29/2004
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This message was edited on
July 03, 2008 at
10:31:58 AM by chorsey2
What I heard before all this passed is that, I f I am a farmer and had employees, I couldn't even smoke in my own freakin tractor!! I don't know if that law has passed.
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July 03, 2008 at
10:32:41 AM
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Reply to:
Posted By: chorsey2 on July 03 2008 at 10:30:06 AM
What I heard before all this passed is that, I f I am a farmer and had employees, I couldn't even smoke in my own freakin tractor!! I don't know if that law has passed.
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I believe they are referring to houses owned by the state such as those at the Veterans Home.
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Laser Engraving
641-751-7777
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July 03, 2008 at
10:57:37 AM
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Joined:
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Reply to:
Posted By: nodust on July 03 2008 at 10:32:41 AM
I believe they are referring to houses owned by the state such as those at the Veterans Home.
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Yeah I realized that after I posted it. So I edited it out while you were replying back.
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July 03, 2008 at
12:01:30 PM
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Reply to:
Posted By: chorsey2 on July 03 2008 at 10:30:06 AM
What I heard before all this passed is that, I f I am a farmer and had employees, I couldn't even smoke in my own freakin tractor!! I don't know if that law has passed.
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They made that an exception (wisely I might add).
Stupid Law that is virtually un-enforcable. DSM Police are referring complaints to the Dept. of Public Health due to so many calls about people violating the law already...
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July 03, 2008 at
12:08:10 PM
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Additional Iowa County Sheriff Officers are being put on the force to patrol Class B roads and hide in the corn rows and watch for any farmer attempting to blaze up a Marlboro while cruising on the Johnny Popper. Be careful out there..
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July 03, 2008 at
12:25:52 PM
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If the Iowa State Patrol can generate revenue by ticketing farmers smoking while on a tractor, they will soon be patroling the fields in the interest of "public safety"
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