Item C: Standards for Outdoor Smoking Areas

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Standards for Outdoor Smoking Areas Meeting Date: September 12, 2005 Agenda Item Number: C Department: Planning and Development Staff Contact: Keli Osborn www.ci.eugene.or.us Contact Telephone Number: 682-5288 ISSUE STATEMENT Existing standards for designated outdoor smoking areas may thwart the intent of Eugene’s no-smoking ordinance by allowing for too much enclosure. The Mayor and Council have discussed different options, and have scheduled this work session before a public hearing later this month. Among the key issues are which types of businesses may establish smoking areas, how enclosed these smoking areas might be, and whether existing smoking areas should be granted legal, nonconforming status. BACKGROUND The City Council took action in February 2005 to adopt an ordinance extending the no-smoking area around entrances and openings to publicly owned buildings from 10 to 25 feet. On May 23, 2005, the council held a work session on standards for outdoor smoking areas. The council that same day also adopted a “moratorium” on newly permitted outdoor smoking areas; this prohibition on smoking in new outdoor smoking areas expires at the end of October 2005. In the May work session, the Mayor and City Council asked that a public hearing and action be scheduled ahead of the October 30 expiration for the prohibition on new smoking areas. These sessions would focus on a proposed ordinance with new standards. The public hearing is set for September 26; the action item is on the September 28 agenda. At this time, the City has two pending building permit applications for new outdoor smoking areas. Both of the proposed areas would be subject to the “moratorium.” If these or others are issued before October 30, they will include a condition that no smoking may occur in a newly constructed area until the prohibition is lifted and the establishment shows compliance with standards. To meet public notice deadlines for the September 26 public hearing, the proposed ordinance has been posted to the City’s website. It also is included in this packet. Its provisions reflect the discussion and direction previously provided by the council. However, the council did not reach consensus on all issues in the May 2005 work session. The council may wish to revise this proposed ordinance before the public hearing -- or wait for public input and make changes before adopting standards later this month. L:\CMO\2005 Council Agendas\M050912\S050912C.doc