HUNTINGTON BEACH : Stricter Nonsmoking Ordinance Proposed

Councilwoman Linda Moulton-Patterson this week proposed that the city clamp down on public smoking by mandating that restaurants set aside at least half their seating for nonsmokers.

Under the city’s existing law, restaurants must provide at least 25% of their seating for nonsmokers. Moulton-Patterson’s proposal would increase that minimum requirement to 50%. Council members at this week’s meeting were divided over the proposed change in the ordinance.

Mayor Jim Silva said he is surveying restaurant owners and other business leaders on the proposal before taking a position, and Councilman Peter M. Green was absent. The council is expected to decide the issue at its meeting Monday.

Countywide, five cities require at least 50% of the seating in restaurants to be no-smoking areas. San Juan Capistrano has the strictest law, requiring three-fourths of restaurant seating for nonsmokers. Laguna Beach requires 60% no-smoking areas, and Brea, Irvine and San Clemente each require 50%.

Moulton-Patterson’s request was prompted by a recent report sent to Orange County city officials from a county health official citing statistics that favor expanding restaurant smoking bans. The report, prepared by Phillip J. Falcetti, prevention specialist for the Orange County Health Care Agency, contains information on the health threat posed by secondhand smoke and potential measures to protect nonsmokers.

Citing Falcetti’s report, Moulton-Patterson noted that only 18% of county residents smoke. She said she believes that the council therefore has an obligation to protect nonsmoking patrons and restaurant employees.

“For the health and safety of (restaurant) workers and (of) those people that go to those restaurants, I think it is incumbent upon us to do something,” Moulton-Patterson said.

Councilmen Jack Kelly, Don MacAllister and Earle Robitaille objected, however, saying they believe that the proposal would unnecessarily meddle in private business affairs.

“I really don’t think we have any business telling a restaurant owner what to tell his clientele,” Robitaille said. “If no-smoking areas need to be enlarged, the market will tell the owner that, if (the owner) has any sense at all.”

MacAllister, referring to the national recession, said: “Restaurants are having enough trouble now the way it is. They don’t need more rules and regulations.”

Moulton-Patterson said she was surprised and disappointed at the council’s initial resistance to her proposal.

She said she wanted to ask that smoking be banned entirely in Huntington Beach restaurants. “But I was looking for votes (of council support) by asking for 50%,” she said.