Anaheim : Decision on Smoking Awaits Further Study

Despite making some headway, the City Council still is at least 30 days away from final approval of an ordinance regulating smoking in public and in private workplaces.

On a 4-1 vote, with Councilman Ben Bay abstaining, the council delayed final approval of the smoking ordinance until further studies can be conducted on how the regulation should apply in the workplace.

The ordinance, which was tentatively approved last December, regulates smoking in such public places as hospitals and health care facilities, auditoriums, movie theaters and supermarkets. But the council amended the ordinance to restrict smoking in public restrooms to those of less than 200 square feet.

It also decided to allow the lessees at such public facilities as the Anaheim Convention Center to determine their own smoking regulations. That decision was based on a report by the city manager that prohibiting smoking in such facilities could have a negative impact on the city’s convention business.

Also, private clubs are exempt under the ordinance and will be permitted to apply their own restrictions.

At the request of some restaurant owners, council members rejected a staff recommendation to require a restaurant to provide 50% of its seating for nonsmokers. Instead, the council asked City Atty. Jack White to revise that section of the ordinance to require a restaurant to provide “an adequate amount” of seating for non-smokers, and also to provide no-smoking signs inside the building.

Several restaurants owners who addressed the council, including Charles B. Marshall, owner of Mr. Stox, said they receive few, if any, requests for non-smoking tables.

Under state law, publicly owned restaurants are required to designate 20% of their seating for non-smoking patrons.

On the issue of smoking regulations in the workplace, the council decided to seek the Chamber of Commerce’s ideas on the matter. The chamber is expected to report its findings within 30 days.