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A cigar and a cup of coffee go together like tasers and bros, so naturally the Health Department wants to put a stop to it. In June, inspectors investigated Barclay Rex Cigars to check out a complaint that cigar odor was infiltrating the building's upper floors. Though they found no evidence of second-hand smoke trespassing, they were shocked to discover that the owner of Barclay Rex, which has been in business since 1910, was letting smoking customers prepare their own coffee with a $9,000 espresso machine. It's legal for the establishment to permit smoking, but since it lacks a food-service permit, the inspectors issued owner Vince Nastri III a citation, which can lead to fines ranging from $200 to $2,000. Nastri tells the Post, "We didn't survive in business for 99 years by breaking laws. But this is just petty. It's like the city has nothing better to do than worry about me providing my customers with coffee?" And Bill Flynn, a customer who saw the first citation being issued, said, "The government thinks it knows better than everybody; that's the problem." Yeah, next they're going to tell us we can't drink soda, either!
Inspectors Fine Cigar Shop for Offering Free Coffee
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Wow must be a really slow news day on Gothamist.
It's the last day of August. That will change in due time.
What exactly constitutes 'food' that necessitates a 'food-service permit'?
coffee = 99% water. Do we penalize all establishments that offer free water for not having a food-service permit?
Water fountains = food service? Parks department is in deep doo-doo. :o)
"It's like the city has nothing better to do than worry about me providing my customers with coffee?"
Not at all. The city investigated an odor complaint. During the investigation, an unrelated infraction was identified.
Does Mr. Nastri think the city should simply ignore infractions uncovered during unrelated inspections?
My thoughts exactly Politburo. If he wants to complain he should complain about the law that brought the inspectors there in the first place. The only justification for complaining about the smoke coming from a cigar store that has been there since 1910 is if you moved in in 1909.
so, every office that has a coffee machine, and offers coffee to visitors needs a food-service permit?!?
So it would appear based on the Post article. But I couldn't find the actual regulation.
Ridiculous. They should've shot the inspector in the head and dumped his worthless corpse on Bloomberg's doorstep.
Time to crack down on car dealerships.
And businesses that don't have legit sanitation licenses.
My hairstylist needs to hide the coffee machine?
He's operating a cigar lounge, which means a different set of rules and regulations than any other type of place. Most likely the rule he came up against applies only to those venues, to make the distinction between that kind of place and a cigar bar.
By law, no more cigar bars can be opened. To operate under that exception to the smoking law, you have to have been open before December 2001 -- and you have to be a bar, serving alcohol. Of course, bars require DOH food service permits.
Most likely offering food or beverages is specifically prohibited for cigar lounges.
Huh what? One just opened in my building this past winter! (trust me I wish it wasn't there, it stinks up the whole damn block)
A cigar lounge, or a tobacco bar? Cigar lounges, meaning a smoking room in a retail tobacco store, can open. Not tobacco bars. The difference is that the lounges have to be retail tobacco stores, while the bars serve alcohol.
See section 1399-q of this document:
http://www.health.state.ny.us/nysdoh/clean_indoor_air_act/ciaalaw.htm
That section lists exceptions, including:
3. Retail tobacco businesses;
and
5. Cigar bars that, in the calendar year ending December thirty-first, two thousand two, generated ten percent or more of its total annual gross income from the on-site sale of tobacco products... [and] has not expanded its size or changed its location from its size or location since December thirty-first, two thousand two;
Hmmm. I've never been in, but according to the fiance they sell cigars and booze. There are also a couple of lounges, including one outside on the sidewalk.
I guess shots at the butchers around the holidays is a real big no-no.
Ralph Nadir started all these stupid regulations because people were being assaulted by others that they couldn't control. America started it's great decline after that schmuck wrote his book. And it will further decline as long as this country keeps trying to regulate the incidental things in life and doesn't see the big picture.
When ice is considered a food and the NYC fuck ups come around and measure the temperature of ice and fine the owner you know that the end is near.
If he was charging for coffee, that'd be one thing. But he was giving it away for free. So does my mechanic. Are they going to go fine all the auto service places that provide free coffee and donuts to those waiting for their cars to be repaired?
What's next? Fining bars without a license for dancing when the drunk chick in the corner starts swaying to the music?
Actually, holyfrijole, they already do that (almost). The law forbids more than 3 people from moving in "rhythmic" manner in bars/clubs that do not have a Cabaret License. The City has long used that law highly selectively. The Giuliani and Bloomberg administrations, unable to find real complaints against gay bars, have used the cabaret laws to go after them by fining them repeatedly until they just throw in the towel and close down on their own.
LOL. So much for "Land of the Free".
It's OK for your government to steal TRILLIONS from you poor bastards in order to ILLEGALLY bailout corrupt Goldman Sachs losses but just TRY to let someone pour their own coffee and you'll get IMMEDIATELY buttfvcked for not having a stupid food service permit.
JUst one more reason why you stupid azzholes are FINISHED as a nation.
STFU you piece of shit ignorant turd.
Not illegal, didn't get bailed out, and not corrupt. Just smarter than you and you are bitter about it.Goldman Sachs did not want any bailout money. They immediately returned 126% of the money given to them by the government. (that's a 26% increase in case your ignorant ass didn't get it the first time)
I suggest we all contact our local representative and let them know we think it should be legal to shoot dept of health inspectors in the head on sight.
You first, moron.
More petty regulations that discourage anyone from starting or keeping a business in this city.
Health inspectors are the biggest grifters out there. Even if you can't pay them off, what do citations really do?
Sick customers shutter a business best. We don't need a health inspector's eye to tell us that.
This is stupid. I'm going to this place tomorrow to smoke an Arturo Fuente 858 Maduro followed by a Cohiba XV 645.
Which location you going to?
Actually having thought a little more about it, it's clear what the violation was. Except for the grandfathered tobacco bars and the handful of other specific exceptions, smoking isn't allowed where food or beverages are served. Every DOH document I can remember reading always uses terminology like "serving food or beverages for human consumption." That is, it's serving, not selling, and coffee is treated the same as anything else.
So, offices, auto shops, various stores and shops that people have mentioned in earlier comments wouldn't have this problem. They don't allow smoking. And he could serve coffee in his tobacco store, as long as he didn't allow smoking. Probably it'd be OK if he served coffee in a retail area and had a separate room for smoking, but looking at the website for the place the smoking room is the retail area.
The decision is simple, either smoking or drinking coffee. I guess the owner and the inspector couldn't reach a figure that was fair to both. I don't know what got into these NYC DOH employees, they have to lower their prices, or change their business plan.
I do believe it is impossible for any man, woman or child to go 24 hours without breaking a law.
Bill Clinton will have to get his coffee at McDonalds.
I imagine every run down bodega has a food license for their 50c cups of coffee, right? Why does the city want to fine the shit out of its own citizens for petty bullshit "crimes."
"I imagine every run down bodega has a food license for their 50c cups of coffee, right?"
Yes, of course they do. The same license that allows them to make sandwiches and whatever. But they don't allow smoking. That's the point here: this place would not even be able to get a permit that would allow them to serve food or beverages, unless they did not allow smoking.
Most likely the law he came up next to applies only to those venues, to make the difference between that kind of place and a cigar bar. but i always smoke Montecristo cigars with wine...