SPECIAL LEGISLATIVE AND FINANCE COMMITTEE

A Special Meeting of the Legislative and Finance Committee was held on March 11, 1991 with Chairman Weyandt presiding. Members present were Mr. Hall and Mr. Leary. Mr. Lynn was absent. Other members of Council present were Mr. Levitt, Mr. Daisey and Mayor Richter. The Special Meeting was called specifically to review the proposed smoking ordinance.

SMOKING ORDINANCE REVIEW

During a public hearing of City Council, public comments and proposed ordinance revisions were heard. The proposed amendments were referred to the Legislative and Finance Committee for further review. Mr. Weyandt explained that the committee would review the suggestions of each speaker that suggested specific amendments to the ordinance during the public hearing.

RAY QUILLEN - COURTLAND MANOR, INC.

Objections to the proposed ordinance were relayed by Mr. Ray Quillen who felt that the health care industry is not adequately address in the ordinance.

The committee felt that the ordinance permits patient smoking in private rooms. The term “public space” refers to communal areas within a nursing home. The committee generally agreed that the ordinance adequately covers this area.

Dr. Howard Row

Dr. Row suggested several amendments (as on file with the Office of the City Clerk). The committee recommended approval of the following suggested amendments:

Section 1. - Paragraph (7) “Public conveyance” shall mean any taxi cab, mass transit vehicle or school bus, or any vehicle offered to passengers for a fee.

Section 1. - Paragraph (9) - “Public place” includes any enclosed are to which the public is invited or in which the public is permitted, including, but not limited to , banks; educational facilities; health care facilities; day care centers, retirement homes, rest or nursing centers; property owned, occupied or operated by the City of Dover or any agency thereof; public transportation facilities; lobbies and reception areas; but not including the offices of work areas not entered by the public in the normal course of business or use of the premises. A private residence is not a public place, but the lobby or common area of a multi-family dwelling containing ten (10) or more dwelling units is a public place.

Section 2. - Paragraph (8) - Retail stores that are designed and arranged with one thousand five hundred ( 1,500) square feet or more of gross interior floor space on the ground floor or three thousand (3,000) square feet or more of the same for any upper floor and that employ more than twenty five (25) persons at the same location, other than retail tobacco stores whose primary activity is the sale or promotion of tobacco and tobacco products and accessories; provided however, that smoking may be permitted in those areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one store to another and consist primarily of walkways and seating arrangements; further provided that were smoking is permitted, the proprietor shall post a sign to that effect.

Section 3 - (a) - Non-smoking area, when required. Every restaurant, whether currently in existence or to be established in the future, with an indoor seating capacity of more that seventy five (75) seats designate a non-smoking area consisting of a reasonable percentage of the indoor seating capacity of the restaurant, as deemed appropriate by the proprietor for his or her clientele, provided, however, that smoking may be permitted in any part of the restaurant that constitutes a bar or cocktail lounge area as defined in section 1 (a) (1).

Paula Andrews

Mrs. Andrews recommended the following amendments:

            (1)       Section 1 (a) (9) - that restrooms be included

            (2)       Section 2 (a) (9) - no exception be given to lobby’s

            (3)       Section 4 (b) - increase fine to $50.00

The committee felt that (1) and (2) have already been addressed in the ordinance. The committee did not approve the suggested increase in the fine.

Mr. Gray of the restaurant Association relayed that he has spoken to the Police Department and Inspections Department for the City of Wilmington and that they relayed no problems encountered in enforcement of their non-smoking ordinance.

K. C. Sheth

Mr. K. C. Sheth recommended that rather than adopting an ordinance, the City consider a more positive approach to the problem. As an alternative, he suggested that the city offer restaurant owners an award for cooperating with providing a non-smoking area.

The committee agreed that the concept should not be incorporated in the ordinance, but that consideration should be given to issuance of a certificate to restaurants that comply with the ordinance requirements.

Ed Dahn

Mr. Ed Dahn felt that the city should consider a total ban of smoking in restaurants. Members of the committee felt this would be too drastic of a step to take at this time.

Tony Galla

Mr. Tony Galla voiced objections to adoption of the ordinance, feeling that legislation is unnecessary.

Mr. James Gray - Restaurant Association

Mr. James Gray of the Restaurant Association offered to supply a model of a written smoking policy for businesses to follow.

Mr. Leary moved to recommend that the ordinance be redrafted to include the suggested amendments that were approved by the committee, for submission to Council for the first reading of the ordinance during the March 25, 1991 Council Meeting.

Mr. Leary moved for adjournment, seconded by Mr. Hall and unanimously carried.

Meeting Adjourned at 7:00 P. M.

                                                                                    Respectfully submitted,

                                                                                    Francis R. Weyandt

                                                                                    Chairman

FRW/DJB/jg