Item A: Outdoor Smoking Ordinance

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Outdoor Smoking Areas Meeting Date: February 27, 2008 Agenda Item Number: A Department: Planning and Development Staff Contact: Mike McKerrow www.eugene-or.gov Contact Telephone Number: 682-5251 ISSUE STATEMENT The objective of this work session is to provide an update on standards and compliance efforts related to Eugene’s tobacco products and smoking regulations, focusing on impacts associated with outdoor smoking areas. The work session is the result of a council poll taken in summer 2007. BACKGROUND In an effort to protect the health and well-being of patrons and employees, the City of Eugene prohibits smoking inside places of employment and public places, while allowing smoking in outdoor smoking areas that meet standards related to location and degree of openness to the outside air. The State of Oregon also restricts indoor smoking. A snapshot of Eugene’s recent regulatory history and other background information follow. Eugene regulations On September 25, 2000, the council adopted two ordinances. The first addressed retail licenses for tobacco sellers. The second prohibited smoking in public places and places of employment. The council deferred a vote on banning smoking in adults-only establishments until November 2000 to give the public more time to weigh in on the issue. Additionally, the council suspended enforcement of requirements until July 1, 2001, so that the City would have time to disseminate educational materials and signage to businesses. No fines were to be imposed for violations before July 1, 2001. (Ordinance 20211 adopted September 25, 2000; Ordinance 20212 adopted September 25, 2000.) On November 13, 2000, the council adopted an ordinance that further prohibited smoking in restaurants, bars, taverns, cocktail lounges and bingo parlors. Businesses applying by June 30, 2001, for a building permit to build an outdoor seating area for smokers were given a six-month exemption from enforcement – so long as construction proceeded at a reasonable pace. (Ordinance 20215 adopted November 13, 2000.) On July 18, 2001, the council discussed ordinance implementation and City staff identified the use of a temporary administrative rule to promote compliance. Later that month, the City Manager adopted a temporary rule for outdoor smoking areas which included what was called the 25/75 standard, requiring that no more than 75 percent of wall planes prevent the free flow of outside air. In January 2002, the City Manager adopted a permanent rule for outdoor smoking areas. F:\CMO\2008 Council Agendas\M080227\S080227A.doc