Item A: Smoking Area Standards - Laserfiche WebLink

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with building permits since the City Council in 2000 adopted the Tobacco Products and Smoking Ordinance. It's likely that other outdoor smoking areas have been established without City oversight because no building permit was required - in other words, the structural work involved, if any, did not trigger the requirement for a permit. It's also possible that still other outdoor smoking areas were established as building alterations before adoption of the ordinance. A building permit applicant also might not flag smoking as a possible activity for a building addition or alteration. Does the Oregon Liquor Control Commission regulate outdoor smoking areas? The OLCC does not get involved with tobacco smoking in licensed premises. Smoking-only areas can be created at bars and taverns; but, according to the OLCC, separate areas cannot be established for consumption of alcohol without providing for entry and monitoring by qualified servers. Depending on a bar's layout, operations and other factors, patrons might be able to carry their own drinks to separate smoking areas, but there must be adequate visibility for monitoring - and employee entry, if and when needed. Practically speaking, this means that any separate smoking area that allows for alcohol consumption must be open to employees. Could the City ban existing smoking deck; and previously approved outdoor smoking areas? Despite the investment a number of establishments have made in these structures, such a ban would be no different than when the City first adopted no-smoking rules for the interiors of bars, taverns and other establishments. The City Attorney advises that the City should not be required to pay compensation to a business or property owner affected by a new ordinance that eliminates designated smoking areas. The "takings" provisions of the state and federal constitutions would not require compensation, because the City's regulation still would leave the owner with economically viable uses of the property. In addition, Measure 37 does not apply to regulations for the protection of public health. Although the examples listed in the measure are different in kind from a ban on smoking, a smoking ban is so clearly a public health measure that it falls squarely within the exemption. Of course, the City Attorney's opinion would not prevent someone from filing a claim. What are some examples of other standards for designated smoking areas? British Columbia and other jurisdictions across the continent have allowed installation of separately ventilated, structurally separated rooms for smoking as a compromise on a total smoking ban. These do not eliminate the possibility that non-smoking workers may have to work in designated smoking areas and do not address the ASHRAE standards. The New York State Clean Indoor Air Act prohibits smoking in virtually all workplaces, including restaurants and bars. Complaints have arisen about patrons congregating outside of bars and restaurants to smoke, and concerns about alcoholic drinking outside of bars and restaurants also have come up. The State advises businesses to obtain approvals from building departments, and liquor licensing and other agencies. What New York allows is this: Up to 25 percent of the seating in outdoor areas of restaurants with no roof or ceiling enclosure may be designated as smoking areas. The smoking area must be at least three feet away from the nonsmoking area and the two areas must be clearly designated with signs. Upper Arlington, Ohio, also allows smoking on outdoor patios, defined as outdoor areas open to the air at all times, that are either 1) enclosed by a roof or other overhead covering and not more than two walls or other side coverings; or 2) has no roof or other overhead covering at all regardless of the number of walls or other side coverings. Such outdoor patios must be located at least 10 feet from windows, doors and other openings of an enclosed area. L:\CMO\2005 Council Agendas\M050523\S050523B.doc