HomeMy WebLinkAboutCOM 0013.108 2002-2004 ~TV.ar N
,TAMES Y. ARAKAKI ~ Phone: (808) 961-8272
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June 6, 2003
MEMORANDUM
TO: Members of the Hawaii County Council
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FROM: James Y. Arakaki, Chair
RE: Bill 26Q Draft 4, Relating to Smoking in Certain Places in Hawaii
County
Attached for consideration is Bill 260, Draft 4. Amendments in this bill arc based on
concerns raised by Mayor Harry Kim in a May 23, 2003 memorandum (Communication
No. 13.100). Also attached is a cover sheet explaining the amendments. If you have any
questions, please feel tree to call me at 961-8272. Thank you.
Attachments
,131/ ~_hC, D.
Comm. No. '
Ref. To:
Ref. Uate
Bi11260 Draft 4 Revisions
Please note that the page numbers referencing the amendments refer to pages in Bill 260,
Draft 4, except for mayor's comment 2 which refers to Bill 260, Dratt 3.
1. Mayor's Comment:
"Definitions should be expanded to define 'partially enclosed area. " The Cite and
County of Honolulu's ordinance has a very clear, unambiguous deFnition. Depending on
the definition of ' partially enclosed area, "the smoking ban may apply to largely open
lobbi- areas such as that at the Hrlton Waikoloa, and I am not sure t/zat is the right thing
to do. "
Response: Used the multifamily definition ofl'enclosed or partially enclosed area" from
the City and County of Honolulu to apply generally in Section 14-20(a)(6)
14-20(a)(6): "Enclosed or partially enclosed areas" means closed in by a roof or overhang
and at least one wall, except for hotels.
Also used the definition of "enclosed or partially enclosed areas" from the City and
County of Honolulu as it applies to hotels to amend L4-21(a)(9):
14-21(a)(9): All enclosed or partially enclosed areas within hotels that are open to the
common use of the public, hotel guests, or hotel employees, including but not limited to,
restrooms, lobbies, elevators, hallways, corridors, stairways, wahine areas, recreation
areas, banquet halls, banquet rooms, and ballrooms. For purposes of this subsection, an
enclosed or partially enclosed area is any area for human occupancy that is contained on
two or more sides by walls and is covered by a roof, ceiling, or overhang, such that the
area of all permanent openings from the space to the open air is less than 50 percent of
the combined areas of the walls and ceiling, roof, or overhane. 1 f a wall does not meet
the floor or the ceiling, roof or overhang, the calculation shall be based on the vertical
proiection of the wall to the plane of the floor or the plane of the ceiling, roof or
overhang. Permanent openings shall not include doors or windows which are capable of
being closed.
Refcr to page 2 for Section 14-20(a)(6) and page 5 for Section 14-21(a)(9).
2. Mayor's Comment:
"The prohibition on smoking within I S 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 bl=ing
to smoke out in the middle of a road. Lt could also mean that persons smoking could not
legally malk past such an establishment on a sidewalk adjacent to the building.
question the reasonableness and enforceability of this provision. "
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Response: This provision, Section 14-21(a)(l3) is deleted in its entirety.
3. Mayor's Comment:
"The limit of rzo more than 2U% of hotel/motel rooms designated as smoking rooms is
questioned. As the other Counties allow, the percentage should fie up to the hotel/motel,
based on the assessment of the demands of their particular customer base."
Response: This provision in Section 14-22(a)(2) is deleted and the new language reads:
[A restaurant with a seating capacity of forty or fewer patrons.] Individual hotel and
motel rooms that aze rented to guests and are designated as smokin rooms.
Reference page 6.
4. Mayor's Comment:
"As allowed by the Cite and County of'Houolulu, it is asked tha[ you consider permitting
smoking to continue in separate open air areas of restaurants at the discretion o/~fhe
restaurant owner. "
Response: Sections 14-20(a)(12), 14-21(a)(2) and 14-22(a)(3) are amended to read as
follows:
14-20(a)(l2): "Separate open air area of a restaurant" means an area, roofed or not, of a
restaurant's premises that is both:
(Al Directlyposed to the outside environment on every side, except
a side abuttin¢ (i) an indoor area of the restaurant, (ii) any building
that does not house the restaurant, or (iii) any other enclosed or
partially enclosed place or area where smoking is prohibited by
this article or Chapter 328K, HRS; and
(B) Entirelyseparated from any abutting area, building, or place listed
under subdivision (A) by either of the following:
li) At least 10 feet of space that is outside the walls of the
building housing the restaurant; or
1 ii) A solid wall (i) without any opening or (ii) with either or
both of the following, but no other opening: a closable
doorway that stays closed except when a person passes
through or a closable serving window that stays closed
except when food, drink, or eating ware is passed throw
A "solid wall" means a wall constructed of rigid material
that reaches from floor to ceiling. It may have an
unopenable plate glass window. A "serving window"
means a window through which food, drink, or eating ware
may be passed from one area of restaurant to another area
of the restaurant.
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A side of a restaurant area shall be deemed "directlyexposed to the outside environment"
if the entire side is unenclosed or enclosed only by a barrier of not more than four feet
high from the floor. An "indoor area of a restaurant" means the area within the walls of
the buildin hg ousin ag ll or part of a restaurant's premises.
14-21(a)(2): Any restaurant, except that smoking shall be permitted in a separate oven air
area of a restaurant when the business operating the restaurant refrains from designating
the area as nonsmokingpursuant to Section 14-21(a)(4).
14-22(a)(3): [A restaurant while it is being used solely for private parties or gatherings.]
A separate open air area of a restaurant when the business operating the restaurant
refrains from designating the area as nonsmoking~ursuant to 14-21(a)(4).
Refer to Pages 2-3 for 14-20(a)(l2), pages 3-4 for 14-21(a)(2), and page 6 for 14-22(a)(3)
5. Mayor's Comment:
"The total ban on smoking in bars should be carefully considered to make sure it is
reasonable and, fair. "
Response: Amended, Section 14-22(a)(4) now reads as follows:
[An enclosed room of a restaurant, or a banquet room used solely for private parties or
gatherings.] Bars and nightclubs.
Reference Page 6.
6. Mayor's Comment:
"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'priva~e residences where
clients are not allowed such as the owner's bedroom, or in houses divided to truly
sepm~ate clients and oN ners areas, such a ban may not be reasortiable".
Response: Amended Sections 14-21(a)(13) and 14-22(a)(I) now reads as follows:
14-21(a)(13): Private residences when used as a licensed childcare, adult day
care or health care facility, except for areas where clients or patients are not
allowed such as the owner's bedroom, or in houses divided to truly separate
clients and owners areas.
14-22(a)(1): Private residences and areas in private residences when used as a
licensed childcare adult day care, or health care facility where clients or
patients are not allowed.
Reference Page 5 for Section 14-21(a)(131 and Page 6 for Section 14-22(a)(1).
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