Legal Aspect of Smoking on Cruiseship?

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#1
Toronto
82 Posts
Joined Jan 2014
I know this is a hot topic. But my curiosity is in the legal aspect of the smoking on cruiseship.

Shouldn't casino and most spaces on board be considered as Public Space, so isn't it illegal to smoke in public spaces when ship docked in ports like Vancouver in Canada where smoking in public space is illegal.
#2
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Being that the casino is closed when in port, I don't believe that's an issue.
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#3
Ontario, Canada
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Well at least this is a new angle

Check out the flags that fly on the ships, they are not property of any provice or city, therefore do not fall under our bylaws. Smoking is not a criminal offense in Canada it is still legal here.
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#4
Nashville, TN (we moved, again)
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Originally posted by jackjia199637
I know this is a hot topic. But my curiosity is in the legal aspect of the smoking on cruiseship.

Shouldn't casino and most spaces on board be considered as Public Space, so isn't it illegal to smoke in public spaces when ship docked in ports like Vancouver in Canada where smoking in public space is illegal.
I am not a lawyer, and have not recently slept in a Holiday Inn, but...


I think they are not considered as part of the "city" and therefore may not be tied to those rules.
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#5
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Originally posted by jackjia199637
I know this is a hot topic. But my curiosity is in the legal aspect of the smoking on cruiseship.



Shouldn't casino and most spaces on board be considered as Public Space, so isn't it illegal to smoke in public spaces when ship docked in ports like Vancouver in Canada where smoking in public space is illegal.

Good lord


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#6
Toronto
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Joined Jan 2014
Originally posted by che5904
Well at least this is a new angle

Check out the flags that fly on the ships, they are not property of any provice or city, therefore do not fall under our bylaws. Smoking is not a criminal offense in Canada it is still legal here.
Not a criminal offense, but isnt still baned in the public space, and who ever breaks it will receive a fine for up to $300?

I mean if they close casino due to laws, doesnt that mean public health laws should apply.
#7
Tampa Bay Area FL.
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Joined Jul 2008
Originally posted by jackjia199637
Not a criminal offense, but isnt still baned in the public space, and who ever breaks it will receive a fine for up to $300?

I mean if they close casino due to laws, doesnt that mean public health laws should apply.
Relax there is no indoor public space that anyone can smoke in while docked in any city except the isolated cigar bar.
#8
Ontario, Canada
8,231 Posts
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Originally posted by jackjia199637
Not a criminal offense, but isnt still baned in the public space, and who ever breaks it will receive a fine for up to $300?

I mean if they close casino due to laws, doesnt that mean public health laws should apply.
You are arguing against yourself, since the casino is closed there is no "public place" on NCL that is open in Canadian waters. So even if you had a point there would be no fines levied because no "public place" is open.
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#9
8,507 Posts
Joined Jul 2004
Originally posted by jackjia199637
I know this is a hot topic. But my curiosity is in the legal aspect of the smoking on cruiseship.

Shouldn't casino and most spaces on board be considered as Public Space, so isn't it illegal to smoke in public spaces when ship docked in ports like Vancouver in Canada where smoking in public space is illegal.
It is not a US or Canadian flagged ship.
#10
Toronto
82 Posts
Joined Jan 2014
Originally posted by che5904
You are arguing against yourself, since the casino is closed there is no "public place" on NCL that is open in Canadian waters. So even if you had a point there would be no fines levied because no "public place" is open.
I See now, haven't thought about that, not sure about others, but when casnio is closed, isnt its still "open" where people walk through it to go to places they want to go. Thats the case i saw on the last time i cruised on pearl, although no body was smoking in the casnio when its closed(docked at Vancouver port).

If they were to smoke in casnio when it was closed as people walking by to go to restaruants, would that be illegal in this case.

Just a curious question, thats all.
#11
Nashville, TN (we moved, again)
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Actually, the casino area is open. But the machines and tables are not operating. During the boarding and debarkation, you will find people hanging out in there.

So, legal types.. is the casino open? Or is an area of the ship sometimes acting as a casino open?
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#12
Ontario, Canada
8,231 Posts
Joined Feb 2009
Originally posted by jackjia199637
I See now, haven't thought about that, not sure about others, but when casnio is closed, isnt its still "open" where people walk through it to go to places they want to go. Thats the case i saw on the last time i cruised on pearl, although no body was smoking in the casnio when its closed(docked at Vancouver port).

If they were to smoke in casnio when it was closed as people walking by to go to restaruants, would that be illegal in this case.

Just a curious question, thats all.
If it's closed it's no longer a "public place", it would be like sneaking into your local Timmies if the restaurant is closed. It would then be up to management to call the cops for breaking and entering

Seriously, you are now making yourself look silly.

Unless you intend to get off the ship and call the bylaw officer of Vancouver, I really wouldn't waste any more thought on this. As they would then need Canadian Border services and our Canadian security for permission to board the ship to check out the complaint. As you can see it is a ridiculous argument.
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#13
8,507 Posts
Joined Jul 2004
Originally posted by garycarla
Actually, the casino area is open. But the machines and tables are not operating. During the boarding and debarkation, you will find people hanging out in there.

So, legal types.. is the casino open? Or is an area of the ship sometimes acting as a casino open?
Not open. The common area is open.
#14
Toronto
82 Posts
Joined Jan 2014
Originally posted by che5904
If it's closed it's no longer a "public place", it would be like sneaking into your local Timmies if the restaurant is closed. It would then be up to management to call the cops for breaking and entering

Seriously, you are now making yourself look silly.

Unless you intend to get off the ship and call the bylaw officer of Vancouver, I really wouldn't waste any more thought on this. As they would then need Canadian Border services and our Canadian security for permission to board the ship to check out the complaint. As you can see it is a ridiculous argument.
I see now. that question just strike me, now looking back, you are right.
But i am not trying to argue at all. Its just a question.
#15
8,507 Posts
Joined Jul 2004
Originally posted by che5904
If it's closed it's no longer a "public place", it would be like sneaking into your local Timmies if the restaurant is closed. It would then be up to management to call the cops for breaking and entering

Seriously, you are now making yourself look silly.

Unless you intend to get off the ship and call the bylaw officer of Vancouver, I really wouldn't waste any more thought on this. As they would then need Canadian Border services and our Canadian security for permission to board the ship to check out the complaint. As you can see it is a ridiculous argument.
It's like standing outside of a closed restaurant. The restaurant itself is closed. Can't utilize it; however, the common area, being the sidewalk and/or walkway is, of course open. Silly comparison, but I can't think of a logical way to answer
#16
Ontario, Canada
8,231 Posts
Joined Feb 2009
Originally posted by SissasMomE
It's like standing outside of a closed restaurant. The restaurant itself is closed. Can't utilize it; however, the common area, being the sidewalk and/or walkway is, of course open. Silly comparison, but I can't think of a logical way to answer
Well if nothing else, it probably gave a few of us a good laugh for today, I'm still shaking my head.
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#17
226 Posts
Joined Jan 2014
Well, there is a difference here and a big one. Since the casino is open air (no doors) being closed only means that you cannot gamble. But you can go in ad smoke, which happened frequently when we were on the Gem last week. The casino, even when open, has more smokers on the sides like a smoking lounge than smoking gamblers.

If you could go into the closed restaurant to smoke but not eat, now you have a comparison.
#18
Nashville, TN (we moved, again)
21,062 Posts
Joined Dec 2003
Originally posted by SissasMomE
Not open. The common area is open.
If you can sit in a chair at a slot machine, is that still a common area or casino?

Just a discussion.
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#19
Vancouver native, volunteer extraordinaire and addicted to cruising
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Here's the solution - the next time the OP is in Vancouver on a cruise ship phone the City's 311 service and tell them you want a by-law officer to come onboard and issue a ticket for each and every smoking offense they spot - the city can use the money to pay for bike paths and chicken coops.

Given that we can't even get them to come by some of the outdoor cafes where people smoke in open defiance of the law perhaps your charm and wit will get them to come.

Cheers!

Dennis
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#20
268 Posts
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Well, looking at Saint John NB Canada, there's a pedway system that connects several buildings together in the downtown area. Even when those businesses are closed, you can still walk through the hallways to move through the pedway system. Smoking is not allowed even though it is "closed".

I think you might have an argument to prohibit smoking in the closed casino while in port, but it would be a nightmare to police. Each city would have to enforce it separately, and each city would have to be contacted in the first place, they'd have to rely on self-reporting because they can't really go on the ship anyways, right? I don't think any city would consider policing it worth their while.
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