SALTILLO, COAH.- Failure to comply with the reforms to the General Law for Tobacco Controlat least six bars in the downtown saltillo they allow their clients to smoke in areas that are now prohibited, such as patios and terraces, without their staff warning them about any restrictions.
On a tour conducted by VANGUARD in establishments witches, center point, babel pig, Baricci, roots and The Disobedient Son, it was possible to smoke with total normality in the patios or terraces of each business and other clients were observed doing the same.
The new provision was published in the Official Journal of the Federation on December 16 and entered into force on January 15, which indicates in its article 65 bis that it is prohibited “consuming or having lit any tobacco or nicotine product in the spaces of collective concurrence”.
IT MAY INTEREST YOU: Walmart rebels against the new anti-smoking law in Mexico and files an amparo
In this sense, in addition to interiors, the spaces where smoking is now prohibited in restaurants, restaurant-bars and bars are: “patios, terraces, balconies (…) and other spaces established by the Secretary (of Health) in terms of the law”.
When inquiring with the staff of waiters, bartenders or security managers of the different bars, in five they mentioned that they had no indication of changing anything regarding the layout of the smoking area or to indicate to their clients that they could not light their cigarettes on terraces or patios where drinks and food are served, and they even continue to provide ashtrays.
According to article 58 of the Law, if the owner, manager or administrator of an establishment sees a person smoking, he must follow these steps: 1) ask him to stop smoking and put out his cigarette, 2) if he insists, ask him to quit Leave the place or go to an area exclusively for smoking and 3) if he resists, deny him the service and, if necessary, seek assistance from the corresponding authority.
“Areas exclusively for smoking must be located only in outdoor spaces, in which it is prohibited to provide any service or consumption of food, beverages or entertainment, among others, as well as carry out social or leisure activities”, Article 60 states.
The staff of two of the aforementioned businesses implied that they did not know the new rules of the Law, while in the babel pig They acknowledged that they are aware of the new provisions, although they still allow smoking on their terrace and balconies.
Sergio Castilloowner of the mentioned bar, pointed out that they are looking to protect themselves along with other establishments and restaurants in the Historic Center and reiterated that their premises maintain an area free of tobacco smoke.
One of the managers of Bruges acknowledged that they will continue to allow the smoking area in their central courtyard, at least until the February 20th that, as they informed him, the sanctions will begin. However, he reiterated that they will adhere to the new provisions, since they warned him that the fines can range from several hundred thousand pesos to the closure of the business for six months.
There are four types of administrative sanctions if the new regulation is not complied with: reprimand with a warning, a fine that can be up to 414 thousand 960 pesostemporary or permanent closure (which may be partial or total) or arrest for up to 36 hours.
In the event that a person smokes in a space established as 100 percent free of tobacco smoke and emissions, you may be subject to a fine of 10 thousand 374 pesosaccording to the Coahuila Ministry of Health.
IT MAY INTEREST YOU: “Anti-tobacco law will also affect tourism” warns Concanaco Servytur
Fines for establishments that do not comply with the new rules can reach almost half a million pesos.
For his part, he bartender of gate to heaven assured that although they started the week without changes, as of last Wednesday they gave the staff an indication to clarify to their clients that they couldn’t smoke despite the fact that a large part of the premises is at the fresh air. He pointed out that so far there have been no complaints from visitors and no notice has been drop in affluence. In addition, it was not possible to observe any table with a person smoking.
WILL IT NO LONGER BE SMOKING ANYWHERE?
The article 60 specifies how the new smoking areas in establishments should be, which must meet the following five characteristics:
I. Being physically separated and incommunicado of the spaces 100 percent free of tobacco smoke and emissions; not be an obligatory step for people or be found in the accesses or exits of the properties;
II. Be located in a perimeter fence of at least ten meters from the tickets, Access, Departures or any obligatory place where people pass or congregate, as well as the places where there are conduits of air entrance;
IT MAY INTEREST YOU: Searches for electronic cigarettes on Google skyrocket after reform of the ‘anti-smoking’ law in Mexico
For his part, the Puerta al Cielo bartender assured that although they started the week without changes, as of last Wednesday they gave the staff an indication to make it clear to their clients that they could not smoke despite the fact that a large part of the premises is open. fresh air. He pointed out that so far there have been no complaints from visitors and no drop in traffic has been noted. In addition, it was not possible to observe any table with a person smoking.
Can’t smoke anywhere anymore?
Article 60 specifies how the new smoking areas in establishments should be, which must meet the following five characteristics:
I. Be physically separated and incommunicado from spaces that are 100 percent free of tobacco smoke and emissions; not be an obligatory step for people or be found in the accesses or exits of the properties;
II. Be located in a perimeter fence of at least ten meters from the entrances, accesses, exits or any obligatory place where people pass or congregate, as well as from the places where there are air intake ducts;
III. Outdoor spaces should not exceed 10 percent of the total area of the property or establishment. Where appropriate, when measuring the total space, the area intended for the provision of the service shall be taken into account exclusively, without including in any case the areas intended for the kitchen, for the preparation of beverages, for sound equipment and its operators. , to the restrooms or parking lots;
IV. Have signs that prohibit the entry of minors, which must be visible and adequate. Likewise, use signage that includes graphic health warnings about the health effects and damage to which people are exposed by entering areas exclusively for smoking, and
V. The access and presence of minors is prohibited. Likewise, pregnant women should be especially warned of the risks that they and the product run when entering areas exclusively for smoking, as well as older adults and those who suffer from cardiovascular and respiratory diseases, cancer, asthma, among others.
In this sense, the Puerta al Cielo bartender acknowledged that it is unlikely that a new smoking area will be created in his premises; while, on the other hand, the Brujas staff indicated that they do plan to allocate their backyard exclusively for smokers, although they were also concerned since at least half of their clientele is expected to drop, due to the discomfort of constantly standing far from their table and without his drink to smoke.
The rest of the bars visited did not position themselves regarding a new smoking area. However, it is difficult to do so in compliance with the new regulations, at least for places like Cerdo de Babel or Baricci, which would have to set aside entire floors exclusively for smoking.
IT MAY INTEREST YOU: No Smoking!… How much is the fine for smoking tobacco in public spaces?
As reported VANGUARD On January 15, at the state level the Health Secretary clarified that the surveillance of the new provisions will be in charge of the Undersecretary of Health Regulation and Promotionas well as the State Commission against Addictions.
In this sense, they detailed that first dissemination and training on the modifications will be carried out and then they will begin to apply sanctions, a scenario that the undersecretary of Regulation and Health Promotion in Coahuila, Sergio de la Parra; However, in the tour carried out last Thursday night, no information was found in this regard in the establishments.
The law establishes that inside Y Exterior of the businesses must be placed signs, logos Y emblems on the subject established by the Ministry of Health.
In the same sense as Sergio Castilloowner of the Pig of Babel, the National Chamber of the Restaurant and Seasoned Food Industry (Canirac) reported this week that they are in contact with various law firms to file appeals, as they believe that the measures will impact thousands of affiliated business units.
Regarding possible sheltersde la Parra clarified that businesses have every right to go to that legal Resource.
However, while these are being processed and where appropriate, the establishments They are obliged to abide by the law, because although some say that they are in a grace period, it has already been fulfilled during the 30 calendar days that happened between the publication of the decree and its entry into force.
