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HomeMy WebLinkAboutCOM 0013.023 2002-2004 FRED C.HOLSCHUH,M.D, w<rot~~,~ Tel: (808)961-8264 Council MemGer `p'ly'= ~ Fax: (808) 961-8912 ..,J.. . HA W.917 COUNTY COUNCIL Cnttn[V nJ Hau~ai "i Nu~rui'i Counlp l3uildin~ Aupuni Slreel lliln, Hawui'i J(7Z0 April 24, 2003 MEMORANDUM TO: Council Chair James Y. Arakaki And Members Of The Hawaii County Council t FROM: w Dr. Fred Holschuh, Council Member RE: Bill 260 Draft 2 AtCached for consideration is Bill 260, draft 2, with a cover sheet noting the amendments made and the reasons fiir the changes. Most changes were made to clarify ambiguous language and address other technical difficulties in the original bill. Also attached is a copy of a memorandurr~ from Clifford Chang, Director, Coalition for a Tobacco Free Hawaii. If you have any questions, please feel free to call me at 961-8264. Mahalo. Attachments 13, f l ,Z. 6 C , . ~L Comm. No. ~ .21 Ref. To: Ref. L'ata Mir 07 03 OS: c^7a ACS 5249072 p.l Fax Transmission: (808) 961-8572 Total Pages Transmitted: ~H C;oalitiaa fo'r a ~~~J~CCO d~l~t't'. March 6, 2003 ®A'M ~ z45 K Knkui street. suite 20l Mi. Donald Ikeda Honolulu, H/ 9hRJ7 Te(.-(808)432-9117 L,Cg151ffiJVe AUdltnr Fa:: BoR/sza-9o7z Hawaii Coun[ Council 25 Aupuni Sircet Governing Board Hilo. HI 9f)720 lav MadducR.Yk D.. Chair Carver Rr.rwrc'h Centu u(Hawai i Dear Donald: Sorry Evensen. Vice Chair Huwai7 Medical servme Aetaciahan As I indicated at the February 4, 2003 information briefing for the Human Orzani~aoons Services and Economic Development Committee, the Coalition for a Tobacco An,eriean canrersnc,eN Free Hawaii is happy to provide suggested language to address some of the eawar•; P°e!h°. for techical difficulties we believe the bill contains as currently written. These Arnariran Heartaaadarian suggestions are outlined on the following pages. I have also sent these o(Hawaii Amenonn Ln,gA.rrariaeon suggestions to Dr. Fred Holschuh, chair of the this committee. ofHawa i'i can«r Rrsrarch canto. I know this took longer [han expected to get to you, for which I apologize. nfHaw°i i xawai'i Imfand rabacca Frer Thank you again for the opportunity to work closely with the Hawaii County Partnership Eart Hawui'r Hawa/, frfand raba«~a Free Council. We look forward to the next steps in the passage of the most Yarrnrr-snip- waa, Haw~ai; comprehensive smoke-free workplace bill in the state. Hawni'i Stare Deparbnent rf Erlucarron Sin er Hawaii Statr Depwtrnen[ oJ'Health Ha woi'i Medical A.gv,ciafinn Hawaii Med;cal CI~ rd Chang Services Asenemtian Du C[Or Wai'anac Cnad Comprehansivr Heafth Cr~Ver Tnbaccu-Free Kauai F4nui Tobacco F~cr Purtrzerrhip Individuals Kim Ku'ule, Bim,e Nva-rvmn fee. Ph.D. Xrn Miller Beth Paternan, HSD Artthnny Saguibn, J.D StaJj Cli/fard Chang, MPl1, CHES Dirr_cm. Beth Xu<h Cnmrnunicaunna Coordinnhrr TaniAnn Symons Gnus Rontr Advocacy Conrrlinnror Funded in pan by ,he Rnbcrr Wnnd Johnson Fuundanon Har 07 03 D5:27a ACS 5249072 p.2 Mr. Donald Ikeda; Legislative Auditor Mazch 6, 2003; page 2 Suggested Revisions for Bill 260 PAGE l Section 14-20. Definitions (a)(1) Bar We suggest revising the language defining a "bar." The revision suggested below is consistent with the language used in the City and County of Honolulu, Kauai and Maui Counties. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by Quests on the premises and in which the serving of food is gnly incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs. cocktail lounges and cabarets. "Incidental" means that for the prior calendaz year, gross sales of food are less than one-third (113) of gross sales of alcoholic beverages. A "baz" is authorized under a license issued by the department of liquor control. PAGE 2 Section 14-20. Definitions (a)(1 l) Smoke or Smoking Under the current definition of "Smoke" or "smoking" the wording "combustible materials" tnay be interpreted to include such items as candles or incense. As such, we suggest the following language: "Smoke" or "smoking" means inhaling or exhaling the fumes of tobacco or any other plant materiah or burning or carrying any lighted smoking equipment for tobacco or an other plant material: the personal habit commonly known as smoking, including smoking cigarettes, cigars, or PAGE 3 Section 14-21 Prohibition of Smoking in Certain Places (a)(5) Restaurants, bars. mghtclubs and bowling alleys. It is our understanding that the intent of the Hawai `i County Council is to make all areas-indoors and outdoors-of restaurants, bars, nightclubs and bowling alleys smoke-free. This would be the same as Maui County. If this is correct, we suggest the following language be included: If a restaurant, bar, nightclub or bowling alley contains an outdoor open air or partially enclosed seating area where food and bevera~ec are served smokin ie prohibited in this area of the establishment. Mir 07 03 05:27a RCS 5249072 p.3 Mr. Donald Ikeda; Legislative Auditor March 6, 2003; page 3 (a)(9) Businesses and charitable establishments As this bill is to cover all workplaces, we suggest replacing the language of point (9) with the following: Except as provided in Section 14-22, all areas in business or charitable establishments. This includes common work areas, auditoriums classrooms conference and meeting rooms private offices, elevators hallways medical facilities. cafeterias, employee lounges stairs restrooms and all other enclosed facilities. (a)(7) All areas open to the public in the following business establishments Should point (9) above be incorporated into the bill, point (7) is no longer necessary, as all the places listed in (7) are covered as businesses. We suggest this point be deleted. If point (7) is left in, then the phrase "open to the public" should be deleted. (a)(18) Reasonable~distance We suggest the Hawaii County Council may want to consider adding an addiUOnal point addressing a reasonable distance where smoking is prohibited from doorways, windows, etc. We suggest the following language: (1R) Smoking is prohibited within a reasonab]e~ distance of 15 feet outside an enclosed area where smoking is prohibited, so as to inure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or other means. PACE 4 Section 14-22 Exceptions We suggest not deleting Section 14-22 Exceptions in its entirety. There are a few exceptions that should remain in the bill, as follows: Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt: il) Private residences, except when used as a licensed child care, adult day care, or health care facility. (2) Individual hotel and motel rooms that are rented to guests and arc designated as smoking rooms; nrovided, however, that not more than twenty ercent (20%) of rooms rented to guests in a hotel or motel may be so designated. (3) Any property owned controlled or leased b~tate or federal government entities. Mar 07 03 OS:28a RCS 5249072 p,4 Mr. Donald Ikeda; Legislative Auditor March 6, 2003; page 4 PAGE 5 Section 14-23 Violations and Penalties [Note: This section will become Section 14-24 when the section for exceptions is added back in.J (b) Fines We suggest the fine be changed to be more consistent with Maui and Kauai Counties. Maui County specifies a fine of not less than $25 and not more than $50, and Kauai County specifies a fine of $50. (The City and County of Honolulu specifies a fine of $100 for a first violation up to $500 for additional violations within one year of the date of the previous violation.) We suggest the following language: Any person violati~ any of th~rovisions of this article shall be fined not less than $~5 and not more than $50. We also suggest including a provision thaC specifies fines for businesses that fail to comply with Che bill, ae follows: fc) A person who owns, manages, operates or otherwise controls a public place orplace of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction punishable by (1) Afine not exceeding $100 for a first violation (2) Afine not exceeding$200 for a second violation within one year of the date of the first violation and (3) Afine not exceeding $500 for each additional violation within one year of the date of the preceding violation. Bill 260 Draft 2 Revisions Please note that the page numbers in the headings refer to pages in the original bill; page numbers at the bottom of explanations refer to pages in Bill 260 Draft 2. Page 1: Section 14-20. DeFnitions. (a)Q) The definition of "bar" is amended to quantitatively distinguish a bar from a restaurant by establishing guidelines based on the amount of gross sales of liquor versus the gross sales of foods. Food is considered "incidental" if gross food sales are less than one- third of the gross sales of alcoholic beverages. This new definition is consistent with definitions used by the other counties City and County of Honolulu, Maui County and Kauai County. The definition of "bar" is amended as follows: "Bm~"means a~i establishment that is devoted to the serving o/alcoholic bevera for consumption by guests ora the premises and in which the serving o(food is only incidental to the consumption of those beverages including but not limited to taverns, niehtclubs, cocktail lounges, and cabarets. "Incidental" means that for the prior calendar year, grow sales offoods are less than one-third /1/3) of gross sales o/alcoholic beverages. A "bar-" is authorized under a license issued by the clepartmen[ ofliquor control. (Draft 2 pages 1-2) Page 2: Section 14-20. Definitions. (a)(11) "smoke" or "smoking" The current definition of"smoke" or "smoking" is confusing because the phrase "combustible materials" is too broad and could be interpreted to include items which were not meant to be should not be included, for instance, candles and incense. The definition for "smoke" and "smoking" is amended as follows: "Smoke" or "smoking" meads inhaling or exhaling the fumes oftofiacco or anv other plant material, or burning or em•r yin an~ghted smoking equipment for tobacco or anv other plant material ~ the personal habit commonly known as smoking, including smokin~ciparetms cigars or pipes. (Draft 2 page 2) I Page 2: Section 14-21. Prohibition of smoking in certain places (a)(1) Elevators This section was deleted and has been added to the following. (a)(4) through (a)(8). This establishes that elevators are common areas and places the no smoking in elevator restriction in specific establishments and building types. Draft 2 page 2) Page 2-3: Section 14-21. Prohibition of smoking in certain places (a)(3) performance venues; (a)(4) museums, libraries, and galleries (a)(3) and (a)(4) were deleted together. They are now listed with the business and not- for-profit establishments in (a) (4). (Draft 2 page 4) Page 3: Section 14-21. Prohibition of smoking in certain places (a)(5) Restaurants, bars, nightclubs and bowling alleys The intent of the bill is to protect nonsmoking employees and the general public from the hazards of second hand smoke. If all areas of restaurants, bars, nightclubs and bowling alleys are to be smoke-free, outdoor and partially enclosed seating areas also need to be smoke-free. Therefore, additional language should be included as follows: Lfa restaurant, bar nightclub or 6owliuQ alley contains au outdoor open air or partially enclosed seating m~ea where food and beverages are sewed smoki~ze is prohibited in this m~ea ofthe establishment. (Draft 2 page 3) Page 3: Section 14-21. Prohibition of smoking in certain places (a)(7) business establishments This section which provided a listing of business establishments covered in this Article is no longer needed they are covered by the amendment made in (a)(9). Therefore, because the language in this section is redundant, this section is deleted. (Draft 2 pages 3-4) 2 Page 3: Section 14-21. Prohibition of smoking in certain places (a)(8) restrooms This section dealing with restrooms was deleted. Restrooms are now listed in (a)(4), (a)(5),a)(6) and (a)18). (Draft 2 page 4) Page 3: Section 14-21. Prohibition of Smoking in Certain Places (a)(9) Businesses and not-for-profit establishments This section replaces section (a)(7). Again, the intent of this bill is to protect workers in workplaces, including businesses and charitable establishments. Therefore the language in (a)(9) is deleted and replaced with the following: Except as provided in Section /4-22 al! business acid not- or-pro/it establishments inch+dine but not limited !o auditoriums theaters halls museums libraries galleries classrooms. private u(fices conference or meeting rooms and all other enclosed %acilities. This also includes common areas includin but not limited to work areas restrooms elevators hallH~ays, ca/eterias employee lounges stairs. and restrooms (Draft 2 page 4) Page 4: Section 14-22. Exceptions. In the original bill this entire section was deleted. However, there are some obvious exceptions that should remain in the bill. For example, the following should be excluded: people smoking in their own homes; hote] or motel guests smoking in rooms designated as smoking; and people smoking on federal or state owned or controlled propcrYy. In addressing the above, the amendment reads a follows: (a) Notwithstandinir any other provision ofthis arzic/e to the corura~l~ the follow~ine areas shall be exempt: (1) Private residences except when used as a licensed child care adult day care. or health care facility (2) Individual hotel arzd motel rooms that are rented to guests and m-e designated ar smokirte rooms provided how~eyer that not more than hvenh~ percern /20ib) of rooms rented to guests in a hotel or motel ma,1~ be so designated. (3) An property owned controlled or leased by State or Fedora! govermnent entities. (Draft 2 page 5) 3 Page 5: Section 14-23. Violations and penalties (b) individual fines Please note that in draft 2 this section will be renumbered Section 14-24 because we added the section for exceptions back iu (14-23). The range of fines for individuals is increased to $25 to $50. This change will be more consistent with the rates of Maui County ($25 to $50) and Kauai County ($50). The amendment setting the new range of tines reads as follows: (b) dn~person violating anv of the provisions of this m~ticle shall be /fined not less than $ZS and not more than ~'S0. (Draft 2 page 6) Page 5: Section 14-23. Violations and penalties (c) fines against businesses To be consistent, along with individual fines, people with control over businesses who violate this Article should also be subjected to fines. (c) A person who owns manages operates or otherwise controls a public place or place ojemploi~ment and who fails to comply with the provisions o/'this Article shall be guilty ofan infraction, punishable bv: (1) A fine not ezceedine ~l DO for a first violation (2) A fine not exceeding X200 for a second violah~on within one near of the elate o 'tlae first violation: and (3) A fine not exceeding $500 for each additional violation within one near of the date o/'the preceding violation. (Draft 2 page 6) 4