‘Casino not in violation of smoking law’

Best Sunshine International, Ltd. maintained yesterday that it has not violated anti-smoking law, even as health officials took steps for a potential citation of the Saipan casino that they say is an unenclosed facility that exudes secondhand smoke into prohibited areas beyond the casino’s gaming floor.

Best Sunshine lawyer Viola Alepuyo assured yesterday her client is concerned with the health of its patrons and have ongoing and planned “mitigating actions” to address the secondhand smoke emanating from the casino floor. These actions include “air curtain walls” at entrances to the Hard Rock Café and T Galleria, a new exhaust system, and air quality control tests.

She also maintained—citing public law definitions of “enclosed areas” and the law that exempts gaming floors from the smoking ban—that her client is in full compliance with the law.

“The law in my mind is clear,” she told reporters yesterday.

She reiterated her Monday letter to the Commonwealth Casino Commission that the law requires departure terminals to be “self-contained” and ventilated in order be exempt from smoking bans.

“That’s not the same requirement for the casino,” she added.

She also said the legislative intent is clear. Citing committee reports, she said lawmakers intended an exemption for “fully enclosed well ventilated areas of departure terminals at the airport—and casinos.”

“They didn’t say ‘fully enclosed areas of the casino.’ They just said ‘and the casino,’ the gaming area of the casino,” she said, referring to Public Law 16-46.

According to Alepuyo, if an adverse agency action or notice of violation from the Division of Public Health is issued, they could appeal that through the Administrative Procedures Act through hearings, and if there were still disagreement, take it to court.

“How far will my client go? I don’t know. That’s a decision they will have to make—but each step of the way, the client will be kept advised of everything that is happening so they can make a decision,” she said.

Ineffective

On Tuesday, Commonwealth Healthcare Corp. officials delivered a letter to Alepuyo, citing smoking prohibitions in the law and the dangers of secondhand smoke. The hospital is tasked with the enforcement of Public Law 16-46 or the Smoke-free Air Act of 2008 since it replaced the Department of Public Health.

“We have received reports that patrons of your establishment are smoking indoors in violation of the Act,” the letter, signed by CHCC chief executive officer Esther Muña, said.

Muña said the premises of the casino would be inspected within the next 10 days. Intermittent inspections will also be conducted thereafter.

The letter pointed out that the Act “prohibits a person who owns, operates, or manages a place of employment from allowing patrons to smoke in an establishment which is subject to the smoking prohibition.”

“CHCC finds that the open gaming area of Best Sunshine Live, within the DFS complex in Garapan, Saipan, is a public place for purposes of the Act,” it added.

Becky Robles, NCD Bureau administrator of the Division of Public Health under CHCC, said Tuesday that “any type of ventilation system is ineffective for smoking.”

When asked if the casino needs to be further enclosed and if Public Health is considering a citation, she said, “Yes” to both.

“We want to work with them to become compliant, so we are going to do follow up meetings next week and explain the law further and explain and educate,” she said. “It needs to be enclosed, or smoking is not allowed on the gaming floor.”

“Our overall concern is that the community patrons of DFS, Hard Rock, and Best Sunshine, as well as its employees, all have the right to breath clean air,” she added.

Mitigating actions

On the planned air quality tests, Alepuyo said her client has found a company called APEC out of Guam who did soil testing on their Garapan hotel site for the air quality testing.

She said APEC has the equipment but needs the right cartridges. The company has been given the go ahead to order the cartridges, she said, which may arrive next week.

“We will work with Public Health to have their input on when and how much to test,” she added.

The busiest hours at the casino are from 10pm to 10:30pm, according to Tao Xing, Best Sunshine’s chief services officer.

On the new exhaust system, Alepuyo said the shipment arrived yesterday morning. She said the existing exhaust could suck out more air if replaced by a bigger model. The system would bring air out through the kitchen exhaust.

Alepuyo said, they also ordered three air curtains.

Yesterday, one air curtain was already installed at the casino entrance into the T Galleria, and the other two would be installed last night near the Hard Rock Café area.

Even before the equipment’s arrival, the casino has been fabricating frames for the air curtains, she said.

A casino director of logistics and property management, who was present during the interview, said the airflow could be adjusted to be made stronger.

Working together

In an interview, Muña said they are giving an opportunity for Best Sunshine to be in compliance.

“We’re giving them an opportunity to understand that they are not in compliance and that we would do an inspection if they will not fix and that’s where the citation starts,” she said.

She added that they are also following due process that’s why it took them a while to respond.

“I understand the frustration of the public but we want to make sure that we give them the due process. Obviously somebody had allowed them to build it like that, and to plan it that way and design it that way. Now we’re here to say that, no you’re not [allowed], and basically, you have an opportunity to fix it,” Muña said.

Under the law, violators are penalized not exceeding $200 for a first violation, $300 for a second, and $500 for succeeding violations, which could lead to the suspension or revocation of a corporation’s business license.

It also enumerated information on secondhand smoke including its dangers, according to the Centers for Disease Control and Prevention.

“We’re going to go back there simply because of the fact that [Public Law] 16-46 says that they’re going to be penalized if they’re not in compliance. We need to let them know that this is what’s happening,” Muna said. (With Frauleine Villanueva-Dizon)