the 'new' New York City Plan
http://legacy.library.ucsf.edu/cgi/getdoc?tid=kcl00e00&fmt=pdf&ref=results
http://tobaccodocuments.org/lor/93766255-6261.html
the 'new' New York City Plan Date: 27 Feb 1995 (est.) Length: 7 pages 93766255-93766261
Type: REPT, OTHER REPORT
BUDG, BUDGET/BUDGET REVIEW
Alias: 93766255/93766261
Area: LEGAL DEPT FILE ROOM
Site: N14
Master ID: 93766254/6261
Named Organization: Bronx Press Review Bronx Times Reporter Brooklyn Paper Publishers C+B Dan Klores Associates Lobbying Team Ny City Council Our Town Price Waterhouse Queens Courier Queens Tribune Publish Staten Island Advance United Restaurant + Tavern Assn Village Voice Yoswein Ny Bronx News
Date Loaded: 28 Apr 1999
Characteristic: MARG, MARGINALIA
Litigation: Nyag/Produced
Author (Organization): TI, Tobacco Inst
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THE "NEW" NEW YORK CITY PLAN
PURPOSE:
The purpose of this plan is to amend the restaurant provisions of the New York City Smoke-Free Air Act. The proposed amendment (see section 6) has been cleared by Covington & Burling and agreed to by the member companies.
The foundation of this plan is to educate the New York City Council about the hardships suffered by restaurants in complying with the law. This will be accomplished by using grassroots mobilization with supporting economic impact information and public relations.
JUSTIFICATION:
During the legislative battle, the Speaker and Mayor expressed sympathies for economic concerns expressed by many restauranteurs (sic). Both stated a willingness to consider amendments to the law if the expected economic hardships materialized (see attached letter to the United Restaurant and Tavern Association).
BACKGROUND:
The United Restaurant and Tavern Association of Now York State was a tremendous ally during the legislative battle. They have agreed to spearhead continuing efforts to provide reasonable accommodation. The Association intends to present their case -the severe restaurant smoking provisions are not necessary and have a detrimental economic impact -- to elected officials in a reasonable, well-argued manner.
Many restaurant owners expressed their frustration about what they perceived as a "one-sided" legislative hearing process. However, many came to see that their activity was affective, that without their involvement, the outcome could have been more severe.
Now, and for the next ten months, these restauranteurs (sic) must keep their views before their City Council members. These restaurants must build on the base developed during the legislative debate.
Part of this effort is making individual restauranteurs (sic) feel part of a united effort to protect their businesses. Each owner needs to understand that they are in the majority and that their combined influence is important. A newsletter will be developed by the United Restaurant and Tavern Association of New York State to provide a forum to involve individual restaurants owners as part of the large, active group.
The Tobacco Institute ID: 800-866-7711 FEB 27 '95 2:59 No. 006. P. 02
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PLAN OF ACTION
1. Economic Impact Poll
An economic impact poll, conducted by Price Waterhouse will collect monthly data from a panel of about 100 restaurant. The study panel will report on changes in sales, employment, customer preferences, and other criteria thought appropriate. This data will help assess the economic impact of a smoking ban on the panel participants.
Approach:
In coordination with the United Restaurant and Tavern Association of New York State and others, Price Waterhouse will select a sample of restaurants in New York City to participate in a monthly survey. Price Waterhouse plans to offer participants between: $15 and $20 for each monthly data collection as an incentive to participate. Initially, each participant will receive an information package including a welcome letter, an instruction guide, and data collection forms.
Each month, participants will be sent a monthly data collection form to complete and return to Price Waterhouse. The data collection form could include the following:
*total sales
*food/bar sales
*number of seats
*employment (number of employees, hours worked, and wages)
*average check amount
*number of customers
*number of customer complaints
Price Waterhouse will enter the data from each data collection form to a master database on the date of receipt.
A three month survey is recommended. After this, the value of could be evaluated -- and a decision made to continue, or to carry out such a study in another location.
2. Coordinator
A firm in New York City will act as local Coordinator, managing the plan on a day-by-day basis.
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The Tobacco Institute ID: 800-866-7711 FEB 27 '95 2:59 No. 006. P. 03
93766256
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The primary role of the local Coordinator is help individual restauranteurs (sic) to be part of a united effort to protect their businesses. This will be accomplished by:
*assisting restauranteur (sic) efforts to reach public officials with personal letters and face-to-face meetings;
* assisting the United Restaurant and Tavern Association of New York State with their newsletter presenting the facts of the debate; and
*working with the public relations consultant to identify appropriate restauranteurs (sic), organize events and with localized press releases.
3. Public Relations
The public relations goal is to demonstrate the economic hardship of the Smoke-Free Air Act. This would be accomplished through strategic media placements that tell the story from the perspective of local restauranteurs (sic), travel trade organizations and consumers. These placements would focus on local print, magazines, and radio.
The key to this strategy is to identify and work with the owners and customers of local restaurants and other establishments so they can show, first-hand, how their bottom line is hurt.
The public relations effort would include three phases:
Phase I - Ordinance Enactment: March-April 1995
*work with the United Restaurant and Tavern Association of New York and the Coordinator to identify and coordiante (sic) restaurants and businesses that would feel the adverse affects of the ordinance; immediately begin identifying media outlets and reporters planning big stories covering the enactment of the ordinance -- and those media most likely to be receptive to follow-up stories in the coming weeks and months;
*work to assure that restaurants have input into stories.
*While the opposition point the media toward restaurants and consumers that are supportive of the ordinance, the media also must meet restauranteurs (sic) concerned with the adverse affects of the ordinance;
*promote the results of the negative economic impact similar ordinances have had in other cities and communities; and,
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The Tobacco Institute ID: 800-866-7711 FEB 27 '95 2:59 No. 006. P. 04
93766257
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* organize one or two media events when the ordinance takes effect may be advisable. Events would be organized at local restaurants that opposes the ordinance in targeted city council districts.
Phase II - Sustaining The Story: May-September 1995
*monitor media coverage of the ordinance, seeking opportunities to present the "mom-and-pop" restauranteur (sic) side of the story;
*work closely with the grassroots movement, seeking editorialboard meetings withlocal borough and neighborhood newspapers over the summer, first preparing, and making individuals and groups of restauranteurs (sic) available to the media;
*pitch timely, topical story ideas to the media that would present opportunities to present the opposing view. For example, the firm could demonstrate how the ban is hurting business from the many foreign tourists who visit New York, or how New Yorkers are now flocking outside the City to continue enjoying a smoke in dining establishments;
*Independence Day also may provide a hook, with the firm promoting the theme of "taxation without representation," independence and the pursuit of happiness; and
*the public relation firm will be key to releasing and promoting results of the Price Waterhouse poll.
Phase III - Grassroots Lobbying Campaign: Sept-Dec 1995
*After September 1 it will be critical to convey to the members of the New York City Council what the economic impact the ordinance has been for the City economy.
*The public relations firm will assist the New York City lobbyist in the overall strategy to amend the bill.
4. Company Resources
The member company resources played an important role during the this legislative battle. The Coordinator will integrate company resources with the goal of developing a grassroots outreach program to help identify restaurant owners who are adversely affected by this jaw, including:
*Sales Forces - can help identify and maintain on going relationships with local restaurant owners in their sales territory; and
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The Tobacco Institute ID: 800-866-7711 FEB 27 '95 2:59 No. 006. P. 05
93766258
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*Accommodation Program - increasing the number and diversity of restaurant owners to speak out in support of accommodation.
5. Lobbying
The New York City based lobbying team will assist in the implementation of this plan. It will be the teams responsibility to identify targeted city council members and solicit their support for amending the law. Moreover, the team will work with the Speaker and Mayor's office using the data collected from the Economic Impact P01.1 to convince them that since the laws adoption the hospitality industry has been negatively impacted.
The lobbying team will also assist the coordinator and the public relations firm in implementing the grassroots lobbying campaign.
6. Proposed amendments -
5.Restaurants with an indoor seating capacity of more than thirty-five patrons excluding seating at any restaurant bar; provided, however that smoking may be permitted in (any part of the]such a restaurant if the following conditions are met:
(a.) If the restaurant consists of a single room without a restaurant bar smoking may be permitted at dining tables in a contiguous area designated for smoking.._provided that (i) the dining tables in such area may not exceed twenty-five percent of the indoor seating capacity of the dining area of the restaurant and (ii) the dining tables in such area must be located at least four feet from dining tables in nonsmoking areas of the restaurant.
(b.)If the restaurant consists of a single room and includes a restaurant bar smoking may be permitted at the bar area and a dining tables situated adjacent to the bar area provided that fi Us dining tables in such area may not exceed twenty-five percent of the indoor seating capacity of the dining area of the restaurant and (ii) the dining tables in such area must be located At least four feet from dining tables in nonsmoking areas of the restaurant.
(c.) If the restaurant consists of more than one room smoking may be permitted at the restaurant bar if any and at the dining tables in one of the rooms provided that such dining tables may not exceed twenty-five percent of the indoor seating capacity of the dining area of the restaurant.
(d.) When an employee responsible for seating arrangements is on duty each patron, prior to being seated, shall be asked his or her preference regarding seat location in a smoking or nonsmoking section.
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(e.) Smoking may be permitted in restaurants with an indoor seating capacity of thirty-five patron. or fewer, provided: (A) That smoking is not otherwise prohibited by any other law or regulation; and (B) That the proprietor of such establishment, in accordance with rules and regulations promulgated by the commissioner, certifies the indoor seating capacity of the restaurant.
The Tobacco Institute ID: 800-866-7711 FEB 27 '95 2:59 No. 006. P. 07
93766260
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BUDGET
Polls Price Waterhouse45,000.00
Coordinator.: Yoswein New York (6,000 per month)60,000.00
Public Relations: Dan Kiores Associates (5,000 per month)50,000.00
Phone Bank 5,000.00
Advertising: Ad placement in targeted weekly/daily & ethnic newspapers to include:-
Manhattan
Our Town
Village Voice
Brooklyn
Brooklyn Paper Publishers (10 weekly paper.)
Queens
Queens Tribune Publish Company (9 weekly papers)
The Queens Courier (3 weekly papers)
Bronx
Bronx News
Bronx-Press Review
Bronx Times-Reporter
Staten IslandStaten Island Advance
Ethnic Newspapers
Jewish Publications
Irish Publications
Hispanic Publications
African American
Greek
Italian250,000.00
Contingency Fund5,000.00
TOTAL415,000.00
The Tobacco Institute ID: 800-866-7711 FEB 27 '95 2:59 No. 006. P. 08
93766261