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PostPosted: Tue Feb 28, 2012 8:31 am 
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As expected, lawmakers
give final OK to tobacco ban

By the A.M. Costa Rica staff

The legislature approved for the second and final time Monday a law to forbid smoking in most public and private locations. The vote was 45 to 2.

The action was expected because the measure had been approved overwhelmingly in an initial vote, and the country already said it would take this action when it ratified an international treaty against smoking in 2008.

The law, when signed by President Laura Chinchilla, will take about 18 months to go into effect. Then there will be stiff fines for persons who smoke in forbidden places. And these are about anywhere someone may be except the open air and their own home.

Those who dare smoke in a forbidden location face fines. The average citizen or resident who is caught smoking in a prohibited place will face a fine of 15 percent of a base salary, which now is 316,200 colons. So the fine would be a bit more than 47,000 colons or about $94.

The proposed law prohibits advertising related to tobacco products. And cigarette packages have to have 50 percent of the outside space dedicated to health messages.

Also prohibited is the Costa Rican tradition of selling cigarettes one at a time. This is common at vendor stands in urban areas. When the measure goes into effect, the minimum purchase will be 10 cigarettes.

Administrators of businesses where illegal smoking is found are subject to a fine of 50 percent of a base salary. That also goes for those using a method of sale, such as the Internet, where they cannot verify that the purchaser is an adult. The same fine is specified for anyone who sells cigarettes in quantities less than 10 and anyone who does so through a vending machine.

Business operators also have to put up and maintain posters that say smoking is illegal.

The measure also provides for health services to help those addicted to tobacco.

Also covered are smokeless tobaccos, such as snuff.

The measure also imposes a special tobacco tax, which is 20 colons for each cigarette, cigar or other type of tobacco. Some 60 percent of the tax will go to the Caja Costarricense de Seguro Social to support anti-tobacco programs and cancer treatments. Some 20 percent will go to the Ministerio de Salud to support its obligations under the law. And 15 percent is earmarked for the Instituto sobre Alcoholismo y Farmacodependencia. The Instituto Costarricense del Deportes y la Recreación gets 5 percent.

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PostPosted: Tue Feb 28, 2012 8:56 am 
PHD From Del Rey University!

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One thing this goes to show, whichever side of the issue you are on. Costa Rica CAN get something done quickly when they put their minds to it. :D


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PostPosted: Tue Feb 28, 2012 11:55 am 
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It will be nice to come home and not smell like an ashtray. Maybe some of the chicas will quit smoking now that they won't be allowed to smoke at work (HDR, SL, HLH, etc). :lol:


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PostPosted: Tue Feb 28, 2012 12:38 pm 
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best news i’ve heard in quite sometime,,, now all those who partake in this filthy habit can do so in the privacy of their own dumpster...


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PostPosted: Tue Feb 28, 2012 2:05 pm 
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Well, those who think this is a quick process are probably not familiar with the ways laws are passed or enforced in CR. The government has 90 days to figure out the implementation of the law. As soon as it is enforced, a citizen will appeal it to Sala IV. Sala IV has complete authority to rule it unconstitutional, change the law and change penalties. After all of this, the government must fund the system and set up a bureaucracy for implementation. Many times, enforcement never occurs with many laws.
A anti-smoking law has been in existence for several years, and completely ignored.
Nobody familiar with the system gets excited until it really happens, if ever.


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PostPosted: Tue Feb 28, 2012 2:28 pm 
PHD From Del Rey University!
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WiseAsh wrote:
Well, those who think this is a quick process are probably not familiar with the ways laws are passed or enforced in CR. The government has 90 days to figure out the implementation of the law. As soon as it is enforced, a citizen will appeal it to Sala IV. Sala IV has complete authority to rule it unconstitutional, change the law and change penalties. After all of this, the government must fund the system and set up a bureaucracy for implementation. Many times, enforcement never occurs with many laws.
A anti-smoking law has been in existence for several years, and completely ignored.
Nobody familiar with the system gets excited until it really happens, if ever.


The article clearly states that it will not be a quick process.

Quote:

The law, when signed by President Laura Chinchilla, will take about 18 months to go into effect.


I do not believe that an anti smoking law has been in effect. I believe you might be confusing it with the action taken when Costa Rica ratified an international treaty banning smoking. This action takes the next step which is enforcing the treaty.

Quote:

The action was expected because the measure had been approved overwhelmingly in an initial vote, and the country already said it would take this action when it ratified an international treaty against smoking in 2008.


The question is not whether the law will eventually take effect but rather when.

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PostPosted: Tue Feb 28, 2012 2:40 pm 
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WiseAsh wrote:
Well, those who think this is a quick process are probably not familiar with the ways laws are passed or enforced in CR. The government has 90 days to figure out the implementation of the law. As soon as it is enforced, a citizen will appeal it to Sala IV. Sala IV has complete authority to rule it unconstitutional, change the law and change penalties. After all of this, the government must fund the system and set up a bureaucracy for implementation. Many times, enforcement never occurs with many laws.
A anti-smoking law has been in existence for several years, and completely ignored.
Nobody familiar with the system gets excited until it really happens, if ever.


appreciate the 411,,, might be a little off - base but seeing as colombia has evolved into a rockin topic on this board i’ll share a couple of first hand instances. one was at or about two years ago @the san diego grille when some colombiano lit up - the waiter walked over and politely asked the guy to snuff it. maybe fifteen minutes later he gives it a second shot - no sooner the doorman walks over and ushers him to the front door never to return.

secondly and most recently was during my stay at the diez hotel in parque lleras. second night of a ten day stay i awoke to that shit smell wafting underneath my door - called the front desk and within minutes security arrived and scoured the floor searching for the room - later that morning returning to my room from breakfast i received a call telling me the matter had been taken care of and that the guest was removed from the hotel.

i can only hope costa rica passes the ban, and then enforces the law to the strictest of degrees.


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PostPosted: Tue Feb 28, 2012 3:05 pm 
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If this new law is passed, I can just picture the girls standing outside the Del Rey and MP's puffing away! I'm sure this will piss off the whores that smoke. So much for being discreet about their job!


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PostPosted: Tue Feb 28, 2012 3:06 pm 
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Can you imagine the Chinese playing in the casinos without cigarettes? :D


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PostPosted: Tue Feb 28, 2012 3:33 pm 
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Firestorm wrote:
If this new law is passed, I can just picture the girls standing outside the Del Rey and MP's puffing away! I'm sure this will piss off the whores that smoke. So much for being discreet about their job!

Maybe they'll quit. :roll:

I don't think working girls smoke for the fun of it. I always though they did it to get rid of the smell of C*ck in the mouths. :lol:


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PostPosted: Tue Feb 28, 2012 4:03 pm 
PHD From Del Rey University!

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haha Holy shit Orange! That made my day!


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PostPosted: Tue Feb 28, 2012 4:19 pm 
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Part of Tico Time Feb 20 which make several references to present anti smoking laws.
Anti-tobacco reforms would ban smoking in public buildings. Courtesy of Maisie Crow

Costa Rican lawmakers approved major reforms to the country’s weak anti-smoking laws. The bill, which now awaits President Laura Chinchilla’s signature, includes banning smoking at bus and taxi terminals, work places, public buildings, restaurants and bars. Legislators passed the bill with a vote of 45 in favor and 2 against.

The vote came in spite of a challenge by 10 lawmakers to send the bill to the Constitutional Chamber of the Supreme Court (Sala IV) to review the constitutionality of the reforms. The Legislative Assembly did not receive a notification from the Sala IV in time to prevent the vote.

The law would toughen up some of the mildest anti-smoking laws in Latin America, in a measure long shown to be supported by the majority of Costa Rican residents. The legislation would bring Costa Rica up to international standards set by the World Health Organization (WHO), and already recognized by close to 100 countries.


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PostPosted: Tue Feb 28, 2012 5:04 pm 
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So make this simple for me, how does this law apply to the Cigar bar?

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PostPosted: Tue Feb 28, 2012 7:52 pm 
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The only consequence I can see is a 10 cent tax on each cigar. I believe the rest of the law applies to cigarettes and snuff.


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PostPosted: Thu Mar 01, 2012 2:48 pm 
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Casino/gambling industry in my state is leading the charge to change our no smoking law, say their biz is 25% down because neighboring state still lets them smoke. What'll happen in CR, I predict, is some court will enjoin the implementation of the law and it'll drag on in CR jurisprudence indefinitely or until CR officially becomes China Rica, and we know they ain't going to ban smoking.


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