Legal Question in Business Law in New York

Smoking at a bar, or is it a restaurant?

Hi, I live above a bar, and there are always people smoking on the balcony right below my window. I just called the bar to ask if they could tell the people there to stop smoking and the lady seemed confused and told me that it was the outside smoking area. That didn't sound legal to me- upon further research, I found out that in NY you can smoke in the outdoor section of restaurants and not bars... well, the place sells food... I'm not sure if they are breaking the law or not.... what do I do?

Asked on 9/28/08, 2:33 am

2 Answers from Attorneys

David Browde David A. Browde, P.C.
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Re: Smoking at a bar, or is it a restaurant?

Call 311.

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9/28/08, 8:36 am
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.
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Re: Smoking at a bar, or is it a restaurant?

LAW OFFICES OF

DONALD W. HUDSPETH, P.C.

A Professional Corporation

"The Business of our Firm is Business"

Dear Non-smoker:

The answer to your question would be based at least in part on the laws of New York in which we are neither licensed nor particularly knowledgeable (while general propositions may be similar, statutes and case decisions vary from state to state). And, the ethical rules of the State of Arizona where I am located require any legal representation to be done only with a signed fee agreement. Thus, the best I can do is give you some general information, as one would learn in law school, but the specific answer to your specific question would require some research and a fee agreement as well as, of course, intake of documents and information. With your consent this email exchange can serve as the agreement.

The scope of our representation will be as follows: research the laws of the state and city of NY for statutes and ordinances involving limitations on smoking, and the fee for providing a preliminary answer to your question will be $500.00. More indepth analysis, research and representation will require a more formal, but usually only one page, agreement. If you would like to proceed, please send your confirming email to this address and contact either Thomas Gadd or Leslie Dighero to make payment. Thanks. Good luck to you.

Please feel free to contact us if you have any questions.

Thomas J. Gadd,

Paralegal to The Firm

Law Offices of Donald W. Hudspeth, P.C.

3030 N. Central Avenue, Suite 604

Phoenix, AZ 85012

tjg@azbuslaw.com

tele. 602.265.7997, ext. 106

fax 602.265.6099

*****IMPORTANT NOTICE*****

The information contained in this message is privileged and/or confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or printing of this communication is strictly prohibited. If you have received this message in error, please notify us immediately by telephone at 602.265.7997. Thank you.

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9/30/08, 6:42 pm

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