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Anti-Smoking Law

02-01-2011
After the publication in the Official Gazette on 31 December, 2010 about the famous law that will prevent smoking in most public spaces, the situation has been finally clarified and should answer the many generated questions.

Any doubts about whether the application deadline would be extended or if it was going to allow smoking in certain areas in bars and restaurants, or if it would be allowed to sell tobacco in such establishments, has been finally resolved.

The following is clear:

- It is forbidden to smoke in bars, restaurants, cafes, discos, nightclubs and in virtually any public place from 00 hours as of January 2, 2011.

- It is forbidden to sell tobacco, including tobacco vending machines in all establishments where smoking is prohibited except in bars, restaurants and nightclubs, where vending machines are allowed to be installed, and always under the supervision of staff.

- Smoking is permitted on the terraces of establishments provided they are not closed. If they are covered, they cannot be closed on more than 2 sides by walls, being walls or parameters. It is understood that the awnings/sunshades are "parameters" within the dimension of a terrace meaning that with an awning covering more than one side it will impede and prohibit smoking, when covered.

- A sign must be posted in entrance of establishment stating that smoking is prohibited.

- Smoking will be permitted in specially equipped areas in the casino, bingo and gaming establishments, previously authorized without occupying more than 30% of the total area and where there is no gambling activity, or area where personnel is not required to enter except for cleaning tasks once the air has been filtered in the room.

- The penalty for the smoker who violates the law in an isolated case, for example: smoking in an establishment where prohibited, will be 30 euros for the first time. In case of re-occurrence for a third time the penalty and would be considered SERIOUS and would range from 600 euros to 10,000 euros.

- The penalties for the owner of the facility will range from 30 euro’s to 600 euro’s in the case that signs have not been posted for the prohibition for smoking or if vending machines do not have mandatory permits. For those owners that allow smoking within their establishments, the penalty would be considered far more serious and would range from 601 euros, can reach up to 10,000 euros. It is also considered a serious offence to allow the use of vending machines to minors under the age of 18 years.

Therefore all those establishments under the old Act, now amended, that would have performed work for upgrading a special area for smokers, must now remove those areas to make them totally smoke free from now.

In conclusion the final text of the Act does not contemplate the once announced compensation through "tax benefits" for those who had incurred expenses for the preparation of such areas for smokers, and unless future amendments are made, all the establishments who incurred such expenses cannot claim any compensation whatsoever.

Cristobal Ruiz Marín
Tax Advisor & Qualified Planning Consultant

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