Outdoor smoking at issue

Light up in a restaurant patio and it probably wouldn’t mean lights out for the establishment even if a new ordinance proposed by Mayor Toni Iseman is approved.

A city law already prohibits smoking indoors in restaurants and a 4-1 council majority favors a similar ban on smoking for outdoor areas of eateries. Staff was instructed to draft an ordinance reflecting the majority opinion.

“This is really a Toni and Jane Special,” said Iseman, referring to Mayor Pro Tem Egly.

Both oppose smoking anywhere in public for health reasons.

Councilman Kelly Boyd, a smoker and tavern owner, said the consequences to business owners should be taken into consideration and voted against the instruction to staff to prepare a draft ordinance.

“When the state prohibited smoking in bars and restaurants, my business dropped about 30%,” Boyd said. “That is a lot of money.

“When a [proposed] ordinance affects someone’s business, they should be notified, and they weren’t.”

Boyd asked staff to alert bar and restaurant owners about the proposed ordinance before a public hearing is scheduled.

“We should get more public input,” said Councilwoman Elizabeth Schneider. “We should also include the Chamber of Commerce in this.”

Chamber Executive Director Rose Hancock said the issue would be brought up at the May 3 meeting of the chamber’s government affairs committee.

“We have drafted [a proposed ordinance] that is being reviewed by the city attorney,” City Manager Ken Frank said. “When he approves, we will make it available to the public. The easiest way to do that would be to notify the chamber and the Visitors [and Conference] Bureau, which represents a lot of the restaurants.”

Schneider, who voted in favor of the draft ordinance, said she was tired of being forced to eat indoors to avoid the second hand smoke that she considers distasteful.

In Boyd’s opinion, nonsmokers should not go where businesses have not taken steps to make them comfortable. But smokers and the establishments that cater to them should have the same option, already limited, Boyd said.

“I just think people — business owners and customers — should have the right to choose,” Boyd said. “It’s getting way too ‘Big Brother’ out there.”

If business dropped dramatically where smoking is allowed, smokers would probably get the heave-ho, according to Boyd.

“Some restaurants have no smoking on the patios during dinner, but allow it after dinner hours,” Boyd said. “They should be able to police themselves.”

Egly said it wasn’t a matter of preference, but a matter of heath and safety.

Second hand smoke has been determined to be a health hazard by health organizations and government agencies, particularly in closed quarters.

However, a state ban on smoking indoors in public places does not ban outdoor smoking.

Laguna Beach business owners successfully opposed an attempt to close that door in 1992. They eventually compromised by posting smoking areas, eventually phased out and then made moot by the passage of a state law.

“Indoor smoking was phased out over the years — 50% the first year, then 70% and then 80% and finally 100%,” Frank said.

The thinking at the time was that the phasing in Laguna Beach would be completed by the time the state acted.

“And that is exactly what happened,” Frank said.

Violations of the outdoor smoking ordinance, if enacted, would result in citations and fines that would escalate if violations continued.

Closing down repeat offenders would be possible, but most unlikely, Frank said.

No date has been set for a public hearing on the ordinance.

“It really isn’t big deal in California and less of a deal in Laguna Beach,” Frank said of the patio smoking ban proposal.

QUESTION OF THE WEEK

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