Item 4: PH/Outdoor Smoking Area - Laserfiche WebLink

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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Concerning Prohibiting Smoking in Public Structures; Adding Section 6.232 to the Eugene Code, 1971; Amending Section 6.990 of that Code; and Providing an Immediate Effective Date Meeting Date: May 9, 2005 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Keli Osborn www. cl. eugene, or. us Contact Telephone Number: 682-5288 ISSUE STATEMENT This is a call for a public hearing on a proposed moratorium on new outdoor smoking areas. A moratorium would not restrict construction of certain outdoor areas, if they conform to State building code, local land use and other requirements, but through a moratorium the City Council could prohibit smoking in such structures. The action has been requested as an interim measure while the City Council considers standards for outdoor smoking areas. Please note: An immediate effective date is requested with this ordinance. An immediate effective date requires a 2/3 majority or 6 affirmative votes from the council to enact. Ordinances without an immediate effective date do not take effect for 30 days. BACKGROUND On February 28, the City Council adopted a new standard prohibiting smoking within 25 feet of entrances, operable windows and outdoor air intakes for publicly owned buildings. A work session is set for May 23 to discuss standards for outdoor smoking areas - specifically, where these areas may be established and what degree of openness is required to provide reasonable ventilation protecting the health of patrons and employees. These recent discussions involve the Tobacco Products and Smoking Ordinance adopted by the City Council in November 2000. That ordinance restricts youth access to tobacco products and improves indoor air quality for employees and patrons in public buildings and private buildings used by the public. Similar ordinances already were in effect in Corvallis and Multnomah County, and smoking restrictions have since been adopted at the state level. More than 1,700 U.S. municipalities have local clean indoor air laws. The prohibition on smoking in bars, restaurants, bingo parlors and other establishments has been a source of some discussion and controversy since 2000. Per City Council direction, the City Manager in 2001 adopted an administrative rule that provided for outdoor smoking areas. The council recently has expressed concern that the rule doesn't explicitly limit outdoor smoking areas to bars and taverns, and that the degree of enclosure for some structures is greater than envisioned and violates the spirit of what the council intended in allowing for smoking areas. L:\CMO\2005 Council Agendas\M050509\S0505094.doc