Editors, as I am sure you know by now, the Illinois Assembly has just passed a comprehensive smoking ban-- bars, restaurants, private clubs and casinos.
It does allow smoking in tobacco shops, but they must be in stand-alone buildings in the future. No alcohol or food, however, is permitted in them-- no cigar bars.
I assume this is the end of the Big Smoke in Chicago, right?
This message has been edited. Last edited by: MRM,
SPRINGFIELD, Ill. _ Illinois is one signature away from banning smoking in all restaurants, bars, casinos and other public indoor places in the state beginning next year.
The Illinois House today gave final passage, 73-42, to the ``Smoke Free Illinois Act’’ which, if signed into law, would make Illinois the 19th state in the nation to prohibit smoking in all indoor public places as of Jan. 1, 2008.
Gov. Rod Blagojevich, at an appearance in Chicago, said he will likely sign the bill.
I can only tell you one thing for certain. We have a signed contract with the Rosemount Hyatt for April 23, 2008. As far as we are concerned, the Big Smoke will be open for business that night.
Posts: 56 | Location: New York, NY | Registered: April 26, 2002
I know the New York City and state smoking bans allow for ocasional, promotional "tobacco sampling" events, which was written into the law to ensure events like the Big Smoke continued.
The Illinois bill doesn't say anything about such an exemption.
I hope the Chicago Big Smoke 2008 will go on, but I doubt it.
MRM Thanks for the clarification. I was not sure why NY allowed them to continue. I am part of an organization that has a large convention each year and we have a contract with Marriott. When we visited this years location they told us all Marriotts were non smoking even though they had a humidor at the bar. We asked if this was a change in our contract and were told no because it was not addressed in the original language. We are considering inclusion for our next contract. (By the way Marriott told us there would be a $200 charge to clean any room they found a guest to have smoked in!)
Gordon:
Did you take into account the possibility of Hyatt going smoke free by then? How did you address the marriott's policy or is that why you went with Hyatt?
Good people sleep at night knowing there are rough men ready to do violence on their behalf
Posts: 1691 | Location: Connecticut | Registered: November 19, 2004
What state is your gathering in or does it change? I travel frequently and stay in a lot of Marriotts. All, from Courtyard to JW, are nonsmoking inside. Many allow smoking on patios and balconies, although some do not.
When I asked the editors about the Big Smoke and Chicago's city-only ban that took effect in January 2006, Mr. Mott pointed out that the Big Smoke was in Rosemont, Ill., and unaffected, as well as being a private event.
This new ban encompasses private clubs, college dorms and banquet halls. Contract or not, I don't see how that can trump a state law.
When Florida passed its ban in 2003, the Retail Tobacco Dealers of America moved their convention, which had long been held in Orlando and Miami, to Nashville. Private events make no difference in most cases.
Our event is in Phoenix. Marriott said that besides their ban on smoking in the rooms, Arizona law keeps smokers a certain distance from the building. I guess there are two sets of rules here. One corporate and one government.
When we signed a contract a few years ago we never thought about an entire chain becomming smoke free. It has caused some grumblings among our participants but we will have to deal with that. Just something to consider for our next convention
I don't know about the NYC laws but they had a Big Smoke at the marriott in New York city last fall.
Good people sleep at night knowing there are rough men ready to do violence on their behalf
Posts: 1691 | Location: Connecticut | Registered: November 19, 2004
Originally posted by SAXON9075: We asked if this was a change in our contract and were told no because it was not addressed in the original language. ... (By the way Marriott told us there would be a $200 charge to clean any room they found a guest to have smoked in!)
... And what did your lawyers say? It was a material change in your contract, because a new policy was enacted prohibiting what was previously permitted. Saying that it wasn't addressed in the original language is a non sequitur. Was being allowed to drink in your room addressed in the original language? Was being allowed to take as many showers as you want to each day addressed in your original language? I know this sounds ridiculous--because it is ridiculous to take the position that because something wasn't addressed in the original language, it can simply be prohbited after the fact, with no diminution in the value of what you contracted for.
But hey, this is just somebody else's lawyer talking.
Seriously I never considered the non-sequitur. We never ran it by our lawyers. Our question to the hotel was that at the time of the contract they allowed smoking in the rooms and now they don't and that could affect whether some of our members book at the hotel or a nearby one and that could affect the number of rooms we had to guarantee the hotel. Strangely they were sildent on this but we met our comitment any way.
As a lawyer do you think this could be cause to break a contract? We got quite a good room rate for two years conventions. Is this something you would suggest we put in any new multi year contract?
Good people sleep at night knowing there are rough men ready to do violence on their behalf
Posts: 1691 | Location: Connecticut | Registered: November 19, 2004
Originally posted by SAXON9075: OMG! I've been talking with a LAWYER!
Seriously I never considered the non-sequitur. We never ran it by our lawyers. Our question to the hotel was that at the time of the contract they allowed smoking in the rooms and now they don't and that could affect whether some of our members book at the hotel or a nearby one and that could affect the number of rooms we had to guarantee the hotel. Strangely they were sildent on this but we met our comitment any way.
As a lawyer do you think this could be cause to break a contract? We got quite a good room rate for two years conventions. Is this something you would suggest we put in any new multi year contract?
Sorry for the slow response, I'm on vacation. As I said, I'm someone else's lawyer. If I were your lawyer, I'd probably look at the contract and other relevant circumstances, and try to at least leverage a better deal. Hate to say that it all depends... but it all depends. The nuclear option is to try to void the contract, but it's certainly a possibility to be discussed. As for inclusion of terms in contracts, again it all depends upon how important this provision would be to you. Talk to your lawyer(s)--occasionally members of the profession actually can provide value.
I am on the Illinois side in the metro st. louis area and this is absurd. SO many people will be going to MO and these hard working small business owners will suffer.
"Cuban seed tobaccos grown in Nicaragua and Cuba. The wrapper would be from Cuba. The binder leaves would be from Nicaragua. For the ligero tobacco in the filler, he would use two types, one from Esteli and the other from Jalapa in Nicaragua. The other filler components, seco and viso, would come from Cuba, the former from Villa Clara, the latter from Pinar del Rio. That Cigar, he says with pride, would score 100 points." -Don Pepin Garcia
Posts: 841 | Location: Here | Registered: December 11, 2006
I am a new resident of IL (Springfield) and I can tell you that there is a serious shortage of places to smoke indoors. In fact, I have yet to find one. I am told that all of the places that formerly allowed it now do not. I just don't understand the logic of some of the things we do in this country. If you want to pass legislation that will help the health of Americans, outlaw McDonalds and soda. I guarantee that a Big Mac and a 64 ounce soda will do much worse things to your health than smoking a premium cigar.
Originally posted by SmoknAviator: I am a new resident of IL (Springfield)
Greetings from a few miles up the road (Lincoln) I'm sorry you had to move to Illinois. It really is a crummy state politically. If it weren't for Chicago we could probably make some changes As it is we are in the worst case scenario with Governor Daley and his figure-head Blowhardavich in office.
"If theism is true, all non-theisms are false, since the opposite of true is false." - Dr. Norman Geisler
Guys - I just spent a weekend in chicago - and everyone knows its coming. I was able to smoke in some bars - but some Blues Bars actually allowed cigarettes - and when they saw the cigar - well - I had to leave - and gladly did!
Everyone pretty much said that by January - there will be no smoking anywhere in Chicago - or IL for that matter.
Good old Chicago is just not what I remember.
I am from michigan and they are looking at passing the same stupid laws here!!! They just passed it in Ontario - and you can't even smoke in a cigar shop there. The casino ended up being sold to Harrah's they lost so much business. Where did my rights go???
I just wrote a op ed letter to the Free PRess after they presented an aritcle by a professor from the U of Michigan - this insanity has got to stop! Any advise for getting involved in groups in Michigan that can stop this madness??
Originally posted by SmoknAviator: I am a new resident of IL (Springfield)
Greetings from a few miles up the road (Lincoln) I'm sorry you had to move to Illinois. It really is a crummy state politically. If it weren't for Chicago we could probably make some changes As it is we are in the worst case scenario with Governor Daley and his figure-head Blowhardavich in office.
Greetings to both of you, I am also from Illinois. The smoking ban is absurd, especially because we sometimes have horrible temperatures outside during the winter. We need somewhere to smoke and I know I'm not allowed to smoke in the house. I'll have to talk to my local B&M, they have a lounge where people can smoke, except they generally have to be 21 (I'm 18). I'll see if they can make an exception for me considering the fact that I'm there just about two times a week.
"The farther backward you can look, the farther forward you can see." -Sir Winston Churchill
We had our convention in Phoenix and it was a success. No smiking however within 300 feet of an entrance. The marriott bar still sold premium cigars and they had a nice grass island behind the main bar area. It was warm (90's) and dry but overall a good time.
We are running into the same situation for next year in Louisville KY. We did run it by our lawyer who agreed we could probably use it for leverage, just as if the hotel went dry and banned alcohol.. However with a state ban he said we had no grounds for changing the contract with the hotel as that is a matter out of their hands. Corporate policy is something we are looking at in ourt next three year contract. Thanks for the advice and I'll have s moke and a cigar with you anytime if you will do the same with a knuckle dragging copper.
Good people sleep at night knowing there are rough men ready to do violence on their behalf
Posts: 1691 | Location: Connecticut | Registered: November 19, 2004
I'm sorry you had to move to Illinois. It really is a crummy state politically. If it weren't for Chicago we could probably make some changes As it is we are in the worst case scenario with Governor Daley and his figure-head Blowhardavich in office.
