HomeMy WebLinkAboutCOM 0013.100 2002-2004 +nw
t~'- , ~ '
. G-
Harry Kim Dixic Kae[su
Mayor Managiug Director
•.~x
• ~'o:•A.'M Pete Hendricks
Deputy Managing Dire~4or
REC~~:: i`:,'ED
QCountp of ~abnai`i
25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808~8~WIr f~801-~~i S 3
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua- i'~ 740
(808)329-5226 • Fax (808)326-5663 ~ry
CL/VI\ l~l_~rih
May 23, 2003 COUNTY ; Ir HAWAII
The Honorable James Y. Arakaki, Chairman
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Subject: Bill 260, Relating to Smoking
Dear Chairman Arakaki.
I thank you for tackling the very controversial issue of banning smoking in various places in
the County of Hawaii. I am in sympathy with the intent of this bill, to decrease exposure of
non-smokers to second hand smoke. However, I have reviewed Bill 260 and have some
concerns that I would like to share with you and the other Council Members. In my opinion
some provisions of this proposal go farther than necessary and will be very difficult to
enforce. Below are my comments.
Definitions should be expanded to define "partially enclosed area." The City and
County of Honolulu's ordinance has a very clear, unambiguous definition. Depending
on the definition of"partially enclosed area," the smoking ban may apply to largely
open lobby areas such as that at the Hilton Waikoloa, and I am not sure that is the right
thing to do.
The prohibition on smoking within 15 feet outside an enclosed area where smoking is
prohibited is unreasonable and probably unenforceable. Fifteen feet from a door or
window of a business establishment, restaurant or bar could very well put someone
trying to smoke out in the middle of a road. It could also mean that persons smoking
could not legally walk past such an establishment on a sidewalk adjacent to the
building. I question the reasonableness and enforceability of this provision.
The limit of no more than 20% of hoteUmotel rooms designated as smoking rooms is
questioned. As the other Counties allow, the percentage should be up to the
hoteUmotel, based on their assessment of the demands of their particular customer base.
Comm. Na• '
Ref. To:
Ref. Date MAYS,--~~
May ZQ 2003
James Y. Arakaki, Chairman
Page 2
• As allowed by the City and County of Honolulu, it is asked that you consider
permitting smoking to continue in separate open air areas of restaurants at the discretion
of the restaurant owner.
• The total ban on smoking in bars should be carefully considered to make sure it is
reasonable and fair.
• The total ban on smoking in private residences when used as a licensed child care, adult
day care or health care facility is also of concern. In areas of a private residence where
clients are not allowed such as the owner's bedroom, or in houses divided to truly
separate clients and owners areas, such a ban may not be reasonable.
Thank you again for tackling this issue, and for taking the time to consider my concerns.
Alo ate, l ~ ,
Harry Kim
MAYOR