HomeMy WebLinkAbout07/03/1990, 4 - PROPOSED AMENDMENTS TO THE SMOKING ORDINANCE MEETING DATE:.
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MY of San .jis ompo 7-3-90 - 7:00
fTEM BER:
omit COUNCIL AGENDA REPORT
FROM: Jeffrey G. Jorgensen, City Attorney
SUBJECT: Proposed Amendments to the Smoking ordinance
CAO RECOMtSENDATION:
Give Final Passage to Ordinance 1172 Amending Chapter 8.16
of the San Luis Obispo Municipal Code Prohibiting
Smoking in Certain Public Places.
SUMMARY DISCUSSION:
Background: On June 19, 1990, the City Council passed to print
amendments of the San Luis Obispo Municipal Code, Chapter 8.16,
prohibiting smoking in most enclosed public places, specifically
including restaurants and bars.
FISCAL IMPACT:
It is anticipated that the long-term fiscal impact of amending the
smoking ordinance will be low, . as compliance has traditionally
relied primarily upon public information and "self-enforcement."
However, additional staff time will be required for education and
enforcement until the public becomes familiar with the new
regulations.
Given the comprehensive nature of the proposed revisions, it is
anticipated that a significant amount of staff time will initially
be required. The Administration Department will have lead
responsibility for implementing the new regulations. Given the
high level of interest already shown in this matter, staff
anticipates a fairly intensive investment of time during the first
2-4 months following implementation. Staff time will primarily be
invested in publicizing the new regulations and resolving
complaints. Based on experience in other cities, complaints and
inquiries will be fairly high during the early weeks following
implementation and will subside as the public and regulated
businesses become more aware of their respective obligations.
In terms of staffing for "self-enforcement," during the summer
months, Administration typically employs a college intern on a 40-
hour per week basis to complete smaller, short-term projects. With
the adoption of additional smoking regulations, the focus for this
summers intern will be the smoking ordinance. The intern will be
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Agenda Report
Page Two
assisted and supervised by Administrative Analysts and the
Assistant CAO. The specific individual is someone who has been
working as a part-time intern during the school year, and who
possesses excellent communication and interpersonal skills. This
approach will hopefully allow for proper attention to smoking
ordinance implementation without significantly affecting other
priorities. Staff will keep Council apprised of workload impact
as actual enforcement demands become known.
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Attachments:
Ordinance No. 1172
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OORDINANCE NO. 1172
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 8.16 OF THE SAN LUIS OBISPO
MUNICIPAL CODE PROHIBITING SMOKING IN
CERTAIN PUBLIC PLACES
WHEREAS, The City Council finds that:
(a) Numerous studies have found that tobacco is a
major contributor to indoor air pollution: and
(b) Reliable studies have shown; that breathing
second-hand smoke is a significant health
hazard for several population groups, including
elderly people, individuals with.cardiovascular
disease, and individuals with impaired
respiratory function, including asthmatics and.
those with obstructive airway disease; and
(c) Health hazards induced by breathing second-
hand smoke include lung cancer, respiratory
infection, decreased exercise tolerance,
decreased respiratory function ,
bronchoconstriction, and bronchospasm; and
(d) Nonsmokers who suffer allergies, respiratory
disease and other ill-effects of breathing
secondhand smoke may experience a loss of job
productivity or may be forced to take periodic
sick leave because of such adverse reactions;
and
(e) Numerous studies have shown-that a majority of
both nonsmokers and smokers desire to have
restrictions on smoking in. public places and
places of employment; and
(f) Smoking is a potential cause of fires, and
cigarette and cigar- burns and ash stains on
merchandise and fixtures cause losses to
businesses.
(g) The purposes of this ordinance are (1) to
protect the public health and welfare by
prohibiting smoking in enclosed. public places
open to the general public and by regulating
smoking in places of employment; and (2) to
strike a reasonable balance between the needs
of persons who smoke and the need of non
smokers to breathe smoke-free air, and ' to
recognize that, where these needs conflict,
the need to breath smoke-free air shall have
priority.
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NOW THEREFORE, BE IT ORDAINED by the Council of the City of J
San Luis Obispo as follows:
SECTION 1. Chapter 8.16, Smoking Prohibited in Certain Areas,
is hereby amended to read as follows:
Chapter 8.16
Smoking Prohibited in Certain Areas
Sections:
8.16.010 Purpose.
8.16.020 Definitions. '
8.16.030 Prohibition in certain public
places.
8.16.040 Regulation of smoking in the
workplace.
8.16.050 Posting of signs.
8.16.060 Compliance.
8.16.070 Violation--Penalty.
8.16.080 Where smoking not regulated.
8.16.090 Severability
8.6.010 Purpose.
Because smoking of tobacco or any other weed or plant is a
positive danger to health and a cause of material discomfort and
A health hazard to those who are present in confined places, and
in order to serve public health, safety and welfare, the declared
purpose of this chapter is to prohibit the smoking of tobacco or
any other weed or plant in certain areas which are used by or open
to the public. (Ord. 1048 § 1 (part) , 1985)
8.16.020 Definitions.
For the purpose of this chapter, the following words shall
have the following meanings:
A. "Bar" means an area which is devoted to the serving of
alcoholic beverages for consumption by guests on the premises and
in which the serving of food is only incidental to the consumption
of such beverages.
B. "Employee" means any individual who receives remuneration
for services performed within the city.
C. "Employer" means any person, partnership or corporation
who employs the services of an individual person or persons.
D. "Smoke" or "smoking" means and includes the carrying of
a pipe, cigar or cigarette of any kind which is burning, or the
igniting of a pipe, cigar or cigarette of any kind which is
burning.
E. "Service line" means an indoor line or area where persons
await service of any kind, regardless of whether or not such
service involves exchange of money. Such service shall include,
but is not limited to, sales, giving of information, directions or
advice, and transfers of money or goods.
F. "Restaurant" means any coffee shop, cafeteria,
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luncheonette, tavern, cocktail lounge, sandwich stand, soda
fountain, private and public school cafeteria or eating
establishment, and any other eating establishment, organization,
club, including veterans' club, boardinghouse or guesthouse, which
gives or offers for sale food to the public, guests, patrons or
employees as well as kitchens in which food is prepared on the
premises for serving elsewhere, including catering facilities.
G. "Retail Tobacco Store" means a retail store utilized
primarily for the sale of tobacco products and accessories and in
which the sale of other products is merely incidental.
H. "Workplace" means any interior space under the control of
a public or private employer which employees normally frequent
during the course of employment, including, but not limited to,
work areas, employee lounges, conference rooms, and employee
cafeterias.. A private residence is not a workplace under this
section. (Ord. 1048 § 1 (part) , 1985)
8.16.030 Prohibition in certain public places.
Smoking shall be prohibited in the following places:
A. Elevators, museums, libraries, galleries, public
transportation facilities open to the public and service lines of
establishments doing business with the general public;
B. Waiting rooms, sleeping rooms or public hallways bf every
private or public health care facility, including, but not limited
to hospitals, clinics, physical therapy facilities, doctors'
offices, and dentists' offices; provided further, that this
prohibition shall not prevent the establishment of a separate
waiting room in which smoking is permitted, as long as there also
exists a waiting room in the same facility in which smoking is
prohibited. In bed space areas of health facilities used for two
or more patients, smoking shall be prohibited unless all patients
within the room are smokers and request in writing upon the health
care facility's admission forms to be placed in a room where
smoking is permitted.
C. All buildings, vehicles, or other enclosed areas occupied
by city staff, owned or leased by the city, or otherwise operated
by the city, except in areas which the city administrator may
designate as smoking areas.
The city administrator may designate a smoking area only if
the area involved:
1. Is not regularly open to the public; and
2. Does not require major room or building modifications; and
3. Is not regularly occupied by nonsmokers.
In any dispute arising under the smoking area designations
made by the city administrator under this chapter, the rights of
the nonsmoker shall be given precedence.
D. Within any building not open to the sky which is primarily
used for or designated for the purposes of exhibiting any motion
picture, stage drama, lecture, musical recital or other similar
performance whenever open to the public, except smoking which is
a part of a stage performance, including all restrooms, and any
area commonly referred to as a lobby;
E. Within all public areas in every retail store, including
but not limited to, retail service establishments, retail food
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production and marketing establishments, retail, grocery, and drug
stores;
F. All restrooms open for public use;
G. Within every restaurant and bar.
H. All areas in a laundromat open to and available for use
by the public. (Ord. 1048 § 1 (part) , 1985)
I. Within all areas available to and customarily used by the
general public in all businesses and nonprofit entities patronized
by the public, including, but not limited to, professional offices
and other offices, banks, .hotels and motels.
J. Notwithstanding any other provision of this section, any
owner, operator, manager or other person who controls any
establishment or facility described in this section may declare
that entire establishment or facility as a nonsmoking
establishment.
8.16.040 Regulation of smoking in the workplace.
Each employer who operates a workplace in the city shall,
within sixty days of the effective date of the ordinance codified
in this section, adopt, implement and maintain a written smoking
policy which shall contain, at a minimum, the following provisions
and requirements:
A. Any nonsmoking employee may object to his or her employer
about smoke in his or her workplace. Using already available means
of ventilation or separation or partition of office space, the
employer shall attempt to reach a reasonable accommodation, insofar
as possible, between the preferences of nonsmoking employees and
smoking employees. However, an employer is not required by this
section to make any expenditures or structural changes to
accommodate the preferences of nonsmoking or smoking employees.
B. If an accommodation which is satisfactory to all affected
nonsmoking employees cannot be reached in any given workplace, the
preferences of nonsmoking employees shall prevail and the employer
shall prohibit smoking in that workplace. Where the employer
prohibits smoking in a workplace, the area in' which smoking is
prohibited shall be clearly marked with signs.
C. The smoking policy required by this section shall be
announced within three weeks of adoption to all employees working
in workplaces in the city and posted conspicuously in all
workplaces in the city under the employer's jurisdiction.
D. This section is not intended to regulate smoking in the
following places and under the following conditions within the
city:
1. A private home which may serve as a workplace;
2. Any property owned or leased by a state or federal
governmental agency. (Ord. 1048 § 1 (part) , 1985)
E. Notwithstanding any other provision of this section, every
employer shall have the right to designate any place of employment,
or any portion thereof, as a nonsmoking area.
8.16.050 Posting of signs.
Signs which designate smoking or no smoking areas established
by this chapter shall be conspicuously posted in every room,
building or other place so covered by this chapter. The manner of
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�. such posting shall be at the discretion of the owner, operator,
manager or other person having control of such room, building or
_ other place so long as clarity, sufficiency and conspicuousness are
apparent in communicating the intent of this chapter. (Ord. 1948
§ 1 (part) , 1985)
8.16.060 Compliance.
A. The city administrative officer or his designated
representative shall be responsible for compliance with this
chapter as to facilities which are owned, operated or leased by the
city. The finance director shall provide each business license
applicant with a copy of this chapter.
B. The owner, operator or manager of any facility, business
or agency within the purview of this chapter shall comply with the.
provisions of this chapter. Notice of these regulations shall be
given to all applicants for a business license. Such owner,
operator or manager shall post or cause to be posted all no smoking
signs required by this chapter and shall not allow service to any
person who violates this chapter by smoking in a posted no smoking
area.
C. Any place of employment conducted or operated without
compliance with the provisions of Section 8.16.0810 of this chapter
applicable thereto shall be and the same is declared to be a public
nuisance. Whenever there is reason to believe such public nuisance
exists, any affected employee or any resident of the city, in his
or her own name, may maintain an action in equity to abate and
C prevent such nuisance and to perpetually enjoin the employer from
maintaining or permitting it. Upon the granting of equitable
relief, in whole or in part, by a court of competent jurisdiction,
an employer determined to be in violation of Section 8.16.040 of
this chapter shall be liable for the attorney's fees, as may be
determined by the court, incurred by the party bringing the action.
D. The city administrative officer or his designee may
enforce Section 8.16.040 of this chapter by either of the following
actions:
1. Serving notice requiring the correction of any
violation of that section; or
2. Requesting the city attorney to maintain an action
for injunction_ to enforce the provisions of Section 8.16.0410 of
this chapter, to cause the correction of any such violation, and
for assessment and recovery of a civil penalty of such violation,
including attorney's fees.
E. Any employer who violates Section 8.16.040 of this chapter
may be liable for a civil penalty, not to exceed five hundred
dollars, which penalty shall be assessed and recovered in a civil
action brought in the name of the people of the city. Each day
such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such. Any
penalty assessed and recovered in an action brought pursuant to
this subsection shall be paid to the finance director of the city.
F. In undertaking the enforcement of Section 8.16.040 of this
chapter, the city is assuming an undertaking only to promote the
general welfare. It is not assuming any duty or obligation, nor
is it imposing any duty or obligation on its officers and
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employees, nor it is liable in money damages or otherwise to any
person who claims that (1) the city or one of its officers or
employees breached any such obligation, and (2) the breach
proximately caused injury. (Ord. 1948 § 1 (part) , 1985)
8.16.070 Violation--Penalty.
Any person who violates any provision of Section 8.16.030 or
8.16.040 of this chapter by smoking in a posted no smoking area,
or by failing to post or cause to be posted a no smoking sign
required by this chapter, or by serving any person who violates
this chapter by. smoking in a posted no smoking area, is guilty of
an infraction, and is subject to punishment as provided for in
chapter 1.12 of this code. (Ord. 1048 § 1 (part) , 1985)
8.16.080 Where Smoking Not Regulated.
Notwithstanding any other provision of this chapter to the
contrary, the following areas shall not be subject to the smoking
restrictions of this chapter:
1. Private residences, except when used as a child care or
health care facility.
2. Hotel and motel rooms rented to guests.
3. Retail tobacco stores.
4. A private enclosed office workplace occupied exclusively
by smokers, even though such an office workplace may be
visited by nonsmokers.
5. Any area exterior to the building in which the
establishment or facility is located.
6. Any enclosed rooms in an establishment or facility which
are being used entirely for private functions.
8.16.090 Severability
If any provision, clause, sentence or paragraph of this
chapter or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions of this chapter which can be given effect without the
invalid provision or application, and to this end the provisions
of this chapter are declared to be severable.
SECTION 2. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at
least (3) days prior to its final passage in the Telegram-Tribune,
a newspaper published and circulated in said City, and the same
shall go into effect at the expiration of thirty (30) days after
its said final passage. A copy of the full text of this ordinance
shall be on file in the office of the City Clerk on and after the %
date following introduction and passage to print and shall be
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available to any interested member of the public.
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INTRODUCED AND PASSED TO PRINT by the Council of the. City of
San Luis Obispo at a meeting held on the 19th day of JUNE ,
Councilman Councilman
1990, on motion of Rnalman , seconded by RPi 4C ,
and on the following roll call vote:
AYES: Councilmembers Roalman, Reiss, Pinard.and Rappa
NOES: Mayor Dunin
ABSENT: None
r
Mayor Ron Dunin
ATTEST:
City C erk, Pamela oges
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APPROVED:
City Ad inistrative Officer
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Atto/'
_MEL► AGENDA
ITEM 7*
June 2 0 1990 <Denotes aotior, by Lead Person
Resp .d by.
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City Council 1 --or,e,
San Luis Obispo , CA.
Gentlemen :
The morning news reported that you are working on a law
to make .San Luis Obispo a total smoke-free area.
If thatshould pass , you may be sure that we would NEVER
stop in your city again, restaurants or gas stations.
In fact, we were there yesterday looking for a home to
purchase as Ventura and the surrounding area .is becoming
too crowded - but we would not consider moving to your
city now.
Are you a bunch of dictators, fanatics or just health nuts?
Perhaps you should be more concerned with your drunk drivers
and drinking as they can kill you much faster that passive
smoking.
Very truly yours,
Mr. and Mrs. Del Hooker
2016 Marino Way
Ventura CA 93003
RECEIVED ECEIV
JUN 2 5 1990
Cfry CLMK
SAN LUIS 081SM.CA
R "EIVED
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~~ / . June 20 . 1990
San Lui s Obispo . CA
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Mayor Ron Dunin
998 ::,a7m
San Luis Obispo . California 93401
Dear Mayor Dunin .
I want to thank vou for vour vote against the anti -smoking
ordinance at the city council meeting of June 19th . As I
stated to vou in my letter of June 18th , before the vote " I
was opoosed to the proposed ordinance not because l am a
smoker ( l am an ex-smoker of 5+ years) , but because it is
government interference in the rights of private business
owners . I think all too often we tend to get caught up in a
popular movement such as anti -smoking or anti -nuclear or
anti -this and that , and it seems to be the " in" thing to dm
at the time . But I think it was a mistake on the parts of
the other four city council members. I just hope it doesn' t
. } drive business away from SLO. Incidentally, I am not a
business owner e i ther , but a pobl i c school speech/language
pathologist .
Keep up the good work . { / l } remember it the next eiection .
Y
Wi l l iam Kent
377 Calle Lupita
San Luis ObisPo , Ca , 93401
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A6ENL)A
UATE ,2
Dano:oF act;on bV LIM
%&& fTEM
R
pond
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Qounci;
P.0 Box 836
Cambria, CA 93428 IC`YAry
June 20 , 1990 i f
O'c"A ong.
IAECEIVED
i U N S
City Council
City of San Luis Obispo CITY CLERK
City Hall SAN LUIS OBISPO.CA990 Palm
San Luis Obispo , CA 93401
Congratulations ! On the integrity and the courage to face-
down the big monied special interests and act in the clear
interest of the majority by banning smoking in public
places . Shame on the Mayor - he abdicated his role of
public trust , apparantly for fear of alienating a relatively
few very biased interests .
Would the Mayor consider two wide-body jumbo jets.,• fully
loaded , crashing every day of the year something that needed
attention? ! That is precisely the toll of death caused by
cigarette smoking and ignores the additional millions of
health problems, fire , loss of productivity, etc .
The tobacco industry insists that it is a matter of "rights"
- and I- agree ! Less than 30% of the population continue to
smoke and it should be clear that the rights of those other
70%+ who have chosen to safeguard their health and that of
others around them are clearly the rights of the great
majority.
We live in Cambria but I most certainly shall expect to
travel into San Luis Obispo far more often than in the past
where I may now expect to enjoy a meal without the stench of
cigarette smoke and the hazard that goes along with it. I 'm
certain that many others among that 70% majority will do the
same.
Despite what the tobacco companies attempt to portray, no
one is being required to stop smoking - they clearly retain
the right to kill themselves by that means as they choose.
The only thing' that others are not inclined to continue to
tolerate is to go along with them. How long is any person
within a public building , including a restaurant? If that
person is Such a confirmed addict that he/she cannot survive
for even a short time they need only go outside and puff on
their suicidal weed . There are numerous examples to be seen
everywhere . In residential areas, smokers voluntarily step
outside in order to protect. the health of their families and
thereby the "rights" of all are preserved.
For far too long public office holders have shrunk from the
monetary clout of the powerful tobacco industry and it has
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caused a toll in death and other tragedy far Greater than
any other cause , including wars , in the history of this
country. AGai.n, thank you for taking the action that you
did .
/Sincerely,
W.H . Coleman
o�
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604 PATRICIA DRIVE 7•oc��/
SAN LUIS OBISPO C
CALIFORNIA 99401
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- ,,�- �la � RECEIVED
JuN 9 6 1990O�a.CA• 93-11oi
CITY CLERK
�� '/�,�^� • � '/ SAN LUIS OBISPO.CA
a A, -� -
i Derblas odur.by Lead Person
ASS by:
..ouncil
Atty
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SAN LUIS OBISPO COUNTY MEDICAL SOCIETY
Post Office Box 319
San Luis Obispo, California 93406
Founded 1892 (805) 544-3020
June ?. 1990
Penny Rapper, Councilwoman
City of San Luis Obispo
City Hall.
990 Fal m
San Luis Obispo, Ca 9_1401
Dear Councilwoman Rappa.
Thank you for enacting a comprehensive smoking ban
for the City of San Luis Obispo. We believe you have
drone a great service for the health of our citizens.
You may be sure we will be working with the County
and other municipaities to enact similar protections
for their citizens. .
Yours Truly.
Stephen Hansen'. M.D. RECEIVEu
Legislative Chairman
JI �(r7lIaU
CITY CLE -
SAN LUIS 08ISP0.CA.
SLHClg
Cc;.. Supervisor Evelyn De.l any
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Respond by:
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COUNTY OF SAN LUIS OBISPO _-S'U "
HEALTH AGENCY poop
Department of Public Health
Tobacco Control Program
1223 Higuero Street, Suite 203
San Luis Obispo, California 93401
(805) 549-5564
RECEIVED'
June 28, 1990 JUi'9 y
CITY CLERK
City of San Luis Obispo SAN LUS OBISPO.CA
990 Palm Street
Box 8100
San Luis Obispo, Ca .93403-8100
Dear Mayor Dunin:
The Tobacco Control Coalition would like to thank you for adopting
the new "No Smoking" ordinance in the city of San Luis Obispo on
June 19, 1990.
Your thoughtful consideration of all the testimony and research
data showing the health hazards of indoor smoke was apparent. You
are to be congratulated for adopting a progressive stand which
places the City of San Luis Obispo in the national forefront. The
Council's foresight in dealing with this difficult issue is to be
commended.
On behalf of the agencies represented by the Coalition and the many
clients and patients we serve - THANK YOU.
sincerely,
3 ww-s
Barbara Wells,
Director, Health Promotion
for the TOBACCO CONTROL COALITION MEMBERS:
American Cancer Society Nipomo Community Medical Center
American Heart Association County Office of Education
American Lung Association Wellness Council of SLO County
Sal Luis Obispo Dental Society French Hospital
San Luis Obispo Medical Society YMCA of SLO County
San Luis Obispo County Health Department Programs
MINA M. NORTON 7:ooA
3860 SO. HIGUERA ST. B19
SAN LUIS OBISPO, CA. 93401
June 27, 1990 44qp
City Council R E C E 6 FJ'
City of San Luis Obispo
990 Palm Street JUN 1 9 1990
San Luis Obispo, CA 93401
CITY CLERK
Gentlemen: SAN LUIS OBISPO,CA
As a non-smoker I think you have made a monumental error
in passing an ordinance that forbids smoking in all public
places including restaurants and bars.
The newspapers have been running items telling about the
down-fall of tourist trade in this area due to the drought
and now you add another impediment to happy tourists when
they cannot smoke in restaurants and bars.
As a non-smoker who is very allergic to smoke, I appreciate
the non-smoking sections in restaurants and other establishments
but have many friends that smoke and I don' t object to sitting
with them for a meal if they are considerate.
Other cities have considered passing this type of ordinance
without any support.
Yours hoping you will change your minds,
D1nGzeS BCkor by Lech P' J x:
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