BEVERLY HILLS : Council Rejects Strict Anti-Smoking Law

The City Council, heeding the concerns of restaurants and hotels, has backed away from restricting smoking in the city’s 160 bars and restaurants as well as workplaces, portions of hotels and some outdoor areas.

The council voted 4 to 1 against passing a measure that would have been one of the strictest anti-smoking ordinances in California.

After listening to more than 30 people oppose the proposed law Tuesday night, a majority of the council agreed that the statewide tobacco control law, which takes effect Jan. 1, will be sufficient to provide health protection. The Beverly Hills ordinance was drafted last month because of concerns about the health risks of secondhand smoke.

The state law will prohibit smoking in most enclosed indoor areas, including restaurants. But unlike Beverly Hills’ proposal, it will not ban smoking in bars, hotel lobbies or banquet and conference rooms. The state law also does not require hotels to set aside 65% of guest rooms for nonsmokers.

By simply endorsing the state law and not passing one of their own, Beverly Hills council members said they were “leveling the playing field” by having the city’s restaurants and hotels be regulated to the same extent as businesses statewide.

“It’s difficult for me as mayor to step out and put the city at an economic disadvantage,” said Beverly Hills Mayor Vicki Reynolds, acknowledging business owners’ claims that customers would avoid Beverly Hills hotels and restaurants if the smoking laws were too strict. Neighboring cities Los Angeles, Santa Monica and West Hollywood prohibit smoking in restaurants, but not in bars or hotels.

Beverly Hills Hotel general manager Kerman Beriker said the city risked losing $7 million in revenue from hotels because the ban would scare away European and Asian travelers, who are said to smoke more heavily than Americans.

Councilwoman MeraLee Goldman, who favored adopting the ordinance, said that although she was concerned with the problems of the business community, she had pledged in her 1994 election campaign to make the city smoke-free and protect residents from secondhand smoke.

The five council members, all nonsmokers, also agreed to begin lobbying other Westside cities to unite and implement a regional ban that would be more stringent than the state law.

Beverly Hills has been especially sensitive to the smoking issue. The city revoked a smoking ban in 1987 after restaurants claimed it was hurting business.