Tobacco Documents Online

Methodology • From April 29 to May 2. Penn + Schoen Associates, Inc. conducted 2008 interviews with New York State residents above the age of 18. ~ The.s.ample of respondents were taken from throughout ;he state in proportion to past statewide electoral turnout figures. • Interviewing was done by telephone from the centfal telephone facilities of Penn + Schoen Associates at their headquarters in Manhattan. • The marain of error for the entire sample is 4-2.2%, but is higher among subgroups of resaanoents. • • The survey was commissioned by the New York Restaurant and Tavern Owners ssociation. Key Findings 0 • Th© findinas of this survey indicate that New York State residents overwhelmingly fe~l the best way to regulate smoking in restaurants is for all s©Etions of thc s:ate te foilow state regulations an.d alfow smcking at designated areas ~/ These M^c;usions are ;onsistant a=ss subarours by age. income. region ar-d by smokers and non-smokers • The sun,,ey ai.so showed that the now New York City regulations which ban smoking in restaurants are confusing to consumers and has the potential for a negative ercr.ornic impact on restaurant business Penn • ScJ'Aaen Assodates, inc.

General Findings • New York State residents, across all subgroups, show strong support for the current state regulations and display a similar preference for all sections of the state to follow these rules ~ By a ratio of more than 3:1, 73% of New York State residents said the current state law requiring a no-smoking area in restaurants with a seeting capacity of more than 50 is a good way to regulate smoking, and 22% said it was a bad way ~ Along with the overwhelming support for current statr regulations, three quar'ers of all respondents (75°'0) agree that all sec::ons of New York State should foiiow the state rules on smokino versus the 22% who ~ disagree ~l And a clear -naJori;y (58%) feel there should be one smoking ordinance for the who!e state versus the 37% who feel each local entity should have a separate ru,e . There is strong suppo:t fo: reso:ving the issue of smoking at restaurants by allowing smoking at des~gnated tables ~( More than 6 in 10 New York State residen:s (61 %v) jee; the best way is to allow sn}ox,no at aes:gnated taLfes .1' 0 Cnly a third of resocndents (34°'0) think smoking should not be alloweci anywhere Cverall, New York S:atz residents uhquestionadly choose smokino regulations that acc:,mmodate smokers and non-smokers over a policy that bans smoicing entirely, even if it mear-,s restaurants could lose business ~ More than two-thirds (70%) of all responoents chose the policy of acccmmodating s:•okers and non-smokers over the 27% who chose the smoking ban • New Yorlc State residents overwhelmingly agrer a reasonable amount of regulation of smoking in restaurants is necessary V Nearly two-thirds of all residents (64%) agr8e that the state laws corticerning smoking in restaurants are sufficient Perm t SdOwn Assodates, Ir,c. pa4e 3

• Looal smoking laws do have the potential to hurt restaurant business restaurant to more than three-quarters of all New York Stat.e residents • New York State residents overwhelmingly a,gree a reasonable amount of regulation of smoking in restaurants is necessary Nearly half of all New York State residents eavouf in a restaurant once a week or more . 4 The smoking policy is considered an important factor in choosing a ~1 Nearly two-thirds of all residents (64%) agree that the state laws concerning smolcfng in restaurants are sufficient • Local smoking laws do have the potential to hurt restaurant business 4 Nearly half of all New York S:ate residents eat out in a restaurant onc: a week or more The smoking policy is considered an important factor in choosing a re.staurant to more than three-quarters of all New York State residents The New York City Regulations • About one-quarter (27°0) of all respondents were aware that New York C;ty. Suffolk County, Chautauqua Coun:y and Niagara County each have their own rules for sn-mking and 72% were unaware 0 A1most half (45%) have heard something about the new no-smoking regulations in New York City • Respondents were read the following statement: 4 "New rules just went into effect in New York City banning smoking in the dining areas in all restaurants with indoor seating for more than 35. Bars and night dubs are covered if 40% or more of their sates are from food. Restaurants with bars can allow limited smoking in their bar area, and restaurants without bars can only have smoking in a separate room where foad isn't served. Smoking is banned in the seating and viewing areas of indoor and outdoor stadiums and arenas, and at outdoor plays and concerts where seating or standing room is assigned by tickets." Rsnn - Schom Associates. 1nc. p,aSe a

~ NoE surprisingly, respondents thought the New York City regulations were confusing, onerous and inferior to the New York State regulations: V Nearly three•quarters of all respondents (71 %) thought the rules are hard for restaurant owners to comply with versus only one•quarter1 (Z5°/a) who thought th.ey are easy ~( Alrnast half said the rules are hard for consumers to simply understand (48°la) -and one half (50%) said they are easy ~1 Whttn asked which rules do a better job of accommodating the neeris of smokers and non-smokers. a majority said the State rules (47%), only 40% said the City rules and 14% did not know 0 Now York State Law Now Requires Any Restaurant With Seating For More Than 50 To Have A No-St»oking Area Big Enough To Meet Consumer Demand. In General, Do You Think This Is A Good Or Bad Way To Regulato Smoking And No Smoking In Restaurants? GoCd Way Pwn•- Scttoen Assar:ates. Inc. Bad Way 5% ® dan`t know