HUNTINGTON BEACH : Restaurant Smoking Ordinance Rejected

The City Council this week narrowly rejected a proposal that would have forced restaurants to set aside at least half of their seating for nonsmokers.

The council voted, 4 to 3, against Councilwoman Linda Moulton-Patterson’s proposal, arguing that the move would unnecessarily intrude into private business affairs.

The current ordinance orders restaurants to make at least 25% of their seating no-smoking areas.

Moulton-Patterson wanted that requirement doubled, noting that just 18% of county adults smoke, according to the county Health Care Agency. She said a stronger policy would better protect customers and restaurant workers alike.

“I think this is a basic health issue and an issue of fairness,” Moulton-Patterson said. “I believe the council’s highest charge is to protect our residents. . . . I do not believe this in any way will harm business in Huntington Beach.”

The council majority disagreed, saying customer demand will force larger no-smoking areas if they are necessary.

“Government is becoming too much to everyone everyplace,” Councilman Don MacAllister said. “I think we should be looking at removing laws, not adding them.”

Mayor Jim Silva, who did not take a position on the issue when it was proposed last week, cast the deciding vote Monday. He said he conducted an informal poll of Huntington Beach restaurateurs and found that many had already set aside at least half their establishments for nonsmokers.

“I think this is a good motion, and I’d like to support it, but I do not want to take away from business,” said Silva, who added that if restaurants need to make half their seating into no-smoking areas, “they have the right to do that.”

Councilmen Jack Kelly and Earle Robitaille also voted with the majority.