Solana Beach Mulls Strict Smoking Ban : Government: Business owners fume over proposal, which would be the county’s most restrictive smoking ordinance.

Despite opposition from the local business community, the Solana Beach City Council is poised to adopt the most restrictive smoking ordinance in the county: a total ban of smoking in almost all public buildings within the city.

Scheduled to be introduced at tonight’s council meeting, the ordinance would prohibit smoking in restaurants and workplaces, although bars would be exempt. It also would make it illegal to put cigarette vending machines in areas accessible to children under 18, and hotels would be required to set aside rooms for nonsmokers.

“I believe it is the City Council’s responsibility to the community to protect nonsmokers from toxic and carcinogenic agents,” said Councilman Richard Hendlin, who raised the issue.

Hendlin wants Solana Beach to become a model for other cities in the county.

However, local restaurant owners said they don’t want to be made into examples. They are afraid the ban will drive smokers to restaurants in neighboring cities.

“If they want to be a model, ban cigarette smoke in city offices,” said Dave Hodges, owner of the Belly Up Tavern, which as a bar would be exempt from the ordinance. “This is no time to be putting additional hardships on local restaurants.”

Hendlin countered that it is more of a health issue than an economic one.

“I can say unequivocally that this is the most significant health-and-safety issue this council will decide,” Hendlin said.

Solana Beach now follows the guidelines of the county ordinance, which was adopted in 1986 when it incorporated as city. It requires restaurants and offices to set aside areas for smoking.

“The smoking ordinance we have now is fine,” said council member Marion Dodson, who opposes the ban.

Dodson said she would propose at tonight’s meeting a voluntary system, which would call for the city to recognize restaurants that comply.

She said the “problem will take care of itself” without the ordinance because restaurants that don’t adequately protect nonsmokers from second-hand smoke will lose nonsmoking customers. She also questioned how the measure would be enforced.

“I don’t want any ordinance that can’t be enforced,” she said.

Despite Dodson’s vocal opposition, Hendlin may already have the support he needs to pass the measure.

Councilman Paul Tompkins, who often represents the business community, said he believes the ordinance is “workable,” and Mayor Celine Olson said she is “leaning toward” supporting the measure.

Nevertheless, the business community is expected to show up in force tonight to express opposition.

“If this was a county ordinance or a state of California ordinance, where nobody had an advantage, I would welcome it,” said Hodges, a nonsmoker whose nightclub would not be affected by the new ordinance, which exempts bars.

But Hodges said the timing isn’t right to impose restrictions on Solana Beach establishments, given the economic climate.

“Business people in Solana Beach can’t pay the price,” Hodges said.

The Solana Chamber of Commerce, which formally opposes the ordinance, is circulating a petition calling for the council to reject the tougher ordinance. It also will submit a counterproposal to the council, calling for an ordinance that is roughly similar to the status quo.

“We get a lot of visitors from out of town,” Chamber President Jim Ellis said. “They’re not going to get into the Zen of (the smoking policy). They want to eat. If they can’t smoke, they’ll just go someplace else.”

In recent years, several California cities have attempted to regulate smoking as scientific evidence accumulates that so-called “second-hand smoke” is dangerous to nonsmokers. In 1987, Del Mar voters rejected a proposal that would have banned smoking in all public places, including parks and beaches.

San Luis Obispo and Lodi have adopted measures similar to the one being considered by Solana Beach.

Lodi adopted its ordinance in 1990. After a referendum and subsequent legal challenges, the ordinance has worked “beautifully,” without complications, according to Lodi City Manager Tom Peterson.

The San Luis Obispo Chamber of Commerce opposed the 1990 city ordinance, which banned smoking in public buildings, including bars. But current Executive Director Dave Garth said that “it has turned out not to be of much consequence” to the economic state of local restaurants.

In a widely publicized case, Beverly Hills in 1987 adopted an ordinance banning smoking in public places, but revised it 2 1/2 months later after restaurant owners complained that it was cutting their business by as much as 30%.

Beverly Hills now requires restaurant owners to set aside 60% of their space for nonsmokers, and new restaurants must have filtering systems, according to Fred Cunningham, executive director of public affairs for Beverly Hills.

Last year, a team from the University of California, San Francisco, conducted an economic study of Lodi, San Luis Obispo, Bellflower and Beverly Hills using State Board of Equalization data to determine if the 100% ban did indeed have an impact on restaurants.

The study concluded that a 100% smoke-free ordinance had no impact on restaurant sales in the community, and, in fact, the restaurants saw a “small, but statistically significant” increase in sales.

“There is no evidence to support the common claim, first made in Beverly Hills, that smoke-free restaurant ordinances reduce business by 30%,” the study concluded.

Hendlin hopes the Solana Beach business community will embrace the smoking ban as a marketing tool, a positive way to set their businesses apart from competitors in neighboring communities.

“It may be that Solana Beach gets a reputation as a healthy community,” he said. “It may be a real benefit.”