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  #21  
Old February 26th, 2014, 01:24 PM
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Ship is considered private and not public, defined by fare paying pax.
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  #22  
Old February 26th, 2014, 01:26 PM
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Quote:
Originally Posted by garycarla View Post
If you can sit in a chair at a slot machine, is that still a common area or casino?

Just a discussion.
Good point! I would say yes - since the intent for which the chairs are to be used is not present at that time. If you were to sit in the chair when the casino was operational, and not gamble, is that a common area? I would say no because the chair, at that time, is intended to be used for slot machine play. If there is no slot machine play offered at the time, it's just a chair ... IMO.
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  #23  
Old February 26th, 2014, 01:32 PM
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Originally Posted by FreestyleNovice View Post
Ship is considered private and not public, defined by fare paying pax.
Well that actually does not hold any water where the provincial guidelines are concerned for bylaws. No different than our restaurants being privately owned but the OP doesn't have a case, since no one would actually act on this whether the OP is right or wrong.

And the bylaw officer has to actually see the infraction to be able to ticket it.
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  #24  
Old February 26th, 2014, 01:35 PM
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Quote:
Originally Posted by garycarla View Post
If you can sit in a chair at a slot machine, is that still a common area or casino?

Just a discussion.
For discussion purposes the casino is closed "as per my dailies". The fact that there are no doors to keep those who feel to wonder in and out, or the fact that NCL doesn't encourage or discourage those who choose to "trespass". So my answer to that would be it is not a public space. Our bylaws state "public space" not common area.
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  #25  
Old February 26th, 2014, 01:39 PM
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Originally Posted by Paraveina View Post
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.
Is that pedway system not owned by Saint John, if so there is your answer, it is an enclosed city public space. I'd have to bet that if you looked up your bylaws they have included that space in their write up.

Because technically it doesn't fall under the current ban for Canada or the ban for the province of N.B., so I'd bet the city has it somewhere in their paperwork.
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  #26  
Old February 26th, 2014, 01:48 PM
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Irregardless of smoking preference, I think this is curiously interesting! Based on some of the info here, why then does the casino close, or more specifically, not operate while in port?
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  #27  
Old February 26th, 2014, 01:50 PM
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Originally Posted by che5904 View Post
Is that pedway system not owned by Saint John, if so there is your answer, it is an enclosed city public space. I'd have to bet that if you looked up your bylaws they have included that space in their write up.

Because technically it doesn't fall under the current ban for Canada or the ban for the province of N.B., so I'd bet the city has it somewhere in their paperwork.
Parts of it may be owned by the city, but other parts are owned by the private businesses the hallways run through (Brunswick Square, Market Square, etc.)

Have you ever been there? It's basically like walking through a closed mall.
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  #28  
Old February 26th, 2014, 01:52 PM
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Originally Posted by kjbacon View Post
Irregardless of smoking preference, I think this is curiously interesting! Based on some of the info here, why then does the casino close, or more specifically, not operate while in port?
By-laws prohibiting gambling and not wanting to comply with federal regulations about how much must be paid out (I'm iffy on the second part, a friend of mine who works in a casino tried to explain to me the rules on how much they're required to pay out and apparently cruises are notoriously lower than land based casinos, but a lot of it went over my head, to be honest).
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  #29  
Old February 26th, 2014, 01:55 PM
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To anyone thinking this thread has merit at all in Canadian waters. The provincial/municipal bans that the OP has brought up, fall under the same enforcements as a city leash law on your dog.

Also the $300 mention is actually an Ontario bylaw figure (OP is from Toronto, Ontario and I think is confused on what is a federal law and provincial bylaw), not Vancouver's. Vancouver's "break the smoking" regulation bylaw is $250.

We are not talking about breaking Canadian laws that throw you in jail and throw away the key.

And I may be off here, but I'm pretty sure our waters off the coast fall under federal jurisdiction "Canadian waters" not the city.
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  #30  
Old February 26th, 2014, 01:57 PM
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Just for the record . People smoke in the casino when it is open , closed and any time in between ...

Legal ? you bet... Go ask NCL's 45 lawyers ...


Ok , thats it for me . Im going to look for a Tray thread..
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  #31  
Old February 26th, 2014, 02:11 PM
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Quote:
Originally Posted by Paraveina View Post
Have you ever been there? It's basically like walking through a closed mall.
No I haven't yet had the pleasure. I haven't seen much of Saint John since I was 3 (and a ton of things have changed since then ). On our cruise to the east coast, we grabbed a rental car and headed for Gagetown. So pretty well the most I seen lately of Saint John is the highway.

But as I said if you research your City bylaws you will probably find it covered in there, the same as Ottawa's is.

"workplace: means any enclosed area of a building or structure in which an employee works and includes washrooms, corridors, lounges, eating areas, reception areas, elevators, escalators, foyers, hallways, stairways, amenity, areas, lobbies, laundry rooms and parking garages utilized by an employee."
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Last edited by che5904; February 26th, 2014 at 02:13 PM.
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  #32  
Old February 26th, 2014, 02:36 PM
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Casino may not be offically open but you never see the doors closed. On some ships the casino is a right of way public easement for traveling through. How's that for lawyer talk.

And if they did close the doors and forced me to detour around or up and over and kept me from my rightful enjoyment of that easement then that would be a causa belli.

On MSC Divina the casino is non smoking so that completely violates the smoke filled casino act of NCL and others.
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  #33  
Old February 26th, 2014, 02:48 PM
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Originally Posted by legion3 View Post
On MSC Divina the casino is non smoking so that completely violates the smoke filled casino act of NCL and others.
The casino on Divina is usually nonsmoking. However, the casino manager and/or pit bosses have the authority to allow smoking at gaming tables with actively playing/spending smokers.

It's all about the $$$.
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  #34  
Old February 26th, 2014, 02:48 PM
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Just for the record . People smoke in the casino when it is open , closed and any time in between ...

Ok , thats it for me . Im going to look for a Tray thread..
I didn't know this actually. You mean I froze up on deck for nothing, when we were in non-international waters? I didn't realize it double as a smoking lounge, we've only used it to gamble.

That's too bad, we'll miss you, don't get lost among the trays.
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  #35  
Old February 26th, 2014, 03:11 PM
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Quote:
Originally Posted by legion3 View Post
Casino may not be offically open but you never see the doors closed. On some ships the casino is a right of way public easement for traveling through. How's that for lawyer talk.

And if they did close the doors and forced me to detour around or up and over and kept me from my rightful enjoyment of that easement then that would be a causa belli.

On MSC Divina the casino is non smoking so that completely violates the smoke filled casino act of NCL and others.
Not sure whether that made a drop of sense or not but it sounded very impressive
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  #36  
Old February 26th, 2014, 03:15 PM
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Not sure whether that made a drop of sense or not but it sounded very impressive
That's too funny What's the old dazzle them with brilliance line?
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  #37  
Old February 26th, 2014, 03:55 PM
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I feel compelled to respond to this message as I am sick and tired of all of the smoking threads and comments. If you do not like it, stay at home! Since when did we turn this into a "legal matter". Are smokers not allowed to travel because you don't like it... too bad! I do not like people who wear too much perfume, so should I start a thread that says so?
... give me a break people!
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  #38  
Old February 26th, 2014, 04:03 PM
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Originally Posted by che5904 View Post
No I haven't yet had the pleasure. I haven't seen much of Saint John since I was 3 (and a ton of things have changed since then ). On our cruise to the east coast, we grabbed a rental car and headed for Gagetown. So pretty well the most I seen lately of Saint John is the highway.

But as I said if you research your City bylaws you will probably find it covered in there, the same as Ottawa's is.

"workplace: means any enclosed area of a building or structure in which an employee works and includes washrooms, corridors, lounges, eating areas, reception areas, elevators, escalators, foyers, hallways, stairways, amenity, areas, lobbies, laundry rooms and parking garages utilized by an employee."
Yeah, so like I said - it's likely "technically" not allowed, but I doubt they'd ever try to enforce it.
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  #39  
Old February 26th, 2014, 04:58 PM
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That's too funny What's the old dazzle them with brilliance line?
Funny that - I thought that the b stood for 'bovine excrement' - not brilliance. Obviously I have a lot to learn about the legal 'system' on the other side of the pond.
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Old February 26th, 2014, 05:03 PM
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