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has been expressed that Eugene's 25/75 standard for outdoor smoking areas, in which at least 25 percent of wall surfaces are open to the outside air, may not provide an acceptable level of air circulation. 2. For security, privacy and weather protection, some business owners have added covers to openings on structures for outdoor smoking. In some instances, as with plastic sheeting, these clearly compromise air circulation. For others, it's less clear- are latticework, window screens and other permeable covers acceptable? 3. City staff is unaware of many designated smoking areas at businesses other than bars and taverns, but there are some. If the council intent is to limit these to food- and beverage-services facilities or to adults-only establishments, current City regulations overlook this restriction. 4. Business owners seek clarity and consistency in the application of the City's non-smoking regulations. They base a number of financial and operational decisions on the direction they receive from City policy makers and staff. What is the City's enforcement approach for addressing alleged violations? As with other nuisance and zoning regulations, the City primarily responds to written complaints in enforcing no-smoking provisions. Anonymous complaints generally are not taken, but the City does log confidential complaints. Depending on the type of violation - such as one that cannot be field-verified - - a confidential complainant may be asked to testify in the event of an appeal hearing. Complaint-driven monitoring does not allow systematic assessment of compliance, and staffing levels make ongoing, proactive enforcement a challenge. Recent enforcement on outdoor smoking areas followed complaints from Lane County Public Health staff. City staff also inspected additional outdoor smoking areas for which complaints were not received in an effort to promote compliance and consistency. How does Eugene's standard for outdoor smoking area relate to State practice ? The City Attorney believes Eugene's current standard is lawful, based on language in the statute and local code. Both the Oregon Indoor Clean Air Act and Eugene Code prohibit smoking in "public places" and "places of employment." Both of those terms are defined as an "enclosed area." The state statute, ORS 433.835(1) defines "enclosed area" as "all space between a floor and a ceiling that is closed on all sides by solid walls or windows, exclusive of doors or passageways, that extend from thefloor to the ceiling, including all space therein screened by partitions that do not extend to the ceiling" (italics added). The definition of"enclosed area" in Eugene Code section 6.225 is nearly identical. If the space is not an enclosed area -- i.e., it does not have walls that run from the floor to the ceiling on all sides -- it does not fall within the definition of a "public place" or "place of employment" where smoking is banned. However, State public health staff has indicated concern about outdoor smoking areas that are partially enclosed. The City Code and administrative rule do not specify that outdoor smoking areas are limited to adults- only bars, taverns, cocktail lounges and bingo parlors. These are the establishments exempt from smoking bans by the Oregon Indoor Clean Air Act adopted by the Oregon Legislature in 2001. Do other state and local regulations, such as building and zoning codes, affect outdoor smoking areas? One zoning issue is allowable fence height, which comes up because of the OLCC requirement at some establishments for distinct drinking areas with barriers to minors. State building codes also regulate certain construction activities. Approximately 40 identified outdoor smoking areas have been established L:\CMO\2005 Council Agendas\M050523\S050523B.doc