Hey there .. I am doing a little research about an idea I had this morning.
Hold on, I am reading. Uh huh .. Regulations .. Yeah .. Building .. Enclosed from the weather .. Yeah yeah .. Dwelling .. Sleeping .. Conducting business of daily living .. ok .. uh-huh ..
OK ! Here it is. Section 14-97 in the list of city ordinances for the city of Lexington, subpart 6, states:
(6) Smoke or smoking. The act of inhaling or exhaling the smoke from any lighted cigarette, cigar, or pipe, or other combustible tobacco product.
There you have it.
According to our city ordinance, we are prohibited in certain areas (including bars) from inhaling or exhaling smoke from any lighted cigarette, cigar, pipe, or other combustible tobacco product.
So, my question is: What if no one is smoking the cigarette ? What if it is just lit and burning down without aid of lips or suction ? According to the carefully worded part of 14-97, that cannot be considered smoking and therefore is outside the perimeter of the smoking ban.
So, all you smokers (I ain't one but would be willing to light one up and let it burn), light one up inside your favorite bar and let it burn down. Go outside as usual for your smoking (it is against the law) but feel free to burn all the cigarettes, cigars, and pipes as you like inside the bar, as long as you don't inhale or exhale from said smoking device.
They cannot charge or fine you, as you are not smoking per their own description of smoking. They cannot charge or fine the bar, as the establishment is not allowing smoking, per the definition of smoking in the smoking ban.
Viva le exact wording !!
Burn 'em if you got 'em !