HomeMy WebLinkAboutCOM 0013.286 2002-2004
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OOUNi~ t IF HAULM
HAWAl7 COUNTY COUNCIL
('ounty of Hawaii
l/uuzri'i County 13uildin~;
25 Aupuni Street
Niio, Hmvai'i 96720
July 14, 2003
MEMORANDUM
TO: Chairman James Y. Arakaki
And Members of the Hawaii County Council
FROM: Dr. Fred Holschuh, Council Member ~
RE: Bill 260. Draft 8, Relating to Smoking in Certain Places in Hawaii
County
Attached for consideration is Bill 260, Draft 8. Amendments in this bill are pursuant to
the motions made during the July 2, 2003 Council meeting.
Page 1-2: Section 14-20(a)(1).'fhedefinition of a bar in Dratt 6 is replaced b}~ the
following: "Bar" means an establishment that is in compliance with all of the following:
(a) The area is devotedprimarily to the serving of alcoholic beverages for
consumption by patrons in the area.
(b) On a monthly basis, the gross sales of food topatrons for consumption in the area
are less than one-third 1/3 of the gross sales of alcoholic beverages to patrons for
consumption in the area.
(c) The area is separately ventilated from any dinin ag rcas.
(d) The area is totally separated from any dining area by a floor to ceilin~vall
(I) Without any opening; or
(2) With a closable door that stays closed, except when a person passes
through but no other opening. The solid wall may have an unopenable
plate mss window."
Page 2: Section 14-20(a)(6). The definition is amended and now reads: "Enclosed or
partiallyenclosed areas" means areas closed in by a root or overhang and at least two
walls.
Comm. No.' ~ ~ ~ T
1 Ref. To: vKAl~ _
Ref. Date 4 9~Q~
Page 2: Section 14-20(a)(9). The definition for nightclub is amended and now reads.
"Nightclub" means a bar in which live entertainment is provided and in which facilities
for dancing by patrons either by live entertainment or recorded music are provided.
Page 3: Section 14-21(x)(2). The word "Bars" and "bar" are deleted from this section.
Bars are now exempt under this new language. The new language now reads:
Restaurants, nightclubs, and bowling alleys. If a restaurant, nightclub or bowlines
contains an outdoor, open air orpartially enclosed seating area where food and beverages
are served, smoking is prohibited in this area of the establishment.
Page 4: Section 14-21(a)(12). This provision is amended by deleting [except for areas
where clients or patients are not allowed, such as the owner's bedroom, or]. This section
now reads: Private residences, during hours of operation, when used as a licensed child
care, adult day care or health care facility. except in residences where the care facility is
physically detached from the residence or is separated from the owner's area.
Page 5: Section 14-21(a)(14). Anew section is added and renumbered. This new
section reads as follows: Areas within private residences, during hours of operation, that
are used for the care of patients or clients in licensed residential care homes, except in
residences where the care facility is physically detached from the residence or is
completely separated by a solid wall with no other openings except closable doors or
windows, which shall remain closed during hours of operation from the owner's area
where clients or patients are not allowed.
Page 5: Section 14-22(x)(3). Bars are now exempt. The new language now reads. Bari
excluding nightclubs.
Attachments
2