HomeMy WebLinkAboutCOM 0013.289 2002-2004
FRED C. HOLSCHUH, M.U. ?.y."'~. Tel: (808) 961-8264
Council Member Fax: (808) 961-891?
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F~IAW~II'1 COUNTY COUNCIL COUi ~ !
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Hflo. Haivai'i 9(73U
July 14, 2003
MEMORANDUM
TO: Council ('hair James Y. Arakaki
And Members Of The Hawaii County Council
FROM: Dr. Fred Holschuh, Council Member y~~,~
RE: Bill 260, Draft 8: Personal Observations "-C'
After reviewing bill 260, Draft 8, the following observations and comments are
forwarded for your information. As a physician, and having been involved in smoke-free
workplace legislation nationally and statewide for years, as a general principle I do not
believe that bars should be exempted. However, I recognize that there is division on this
issue both on the council and among the general public.
Given that in the tinal vote on Bill 260, the exclusion of bars will probably prevail, I feel
that the bullet points included in this memorandum will serve to clarify the intent of Bill
260. I would suggest that the following amendments be made:
u 1 would suggest redefining "bar" by using the definition in Bill 260, Draft 6.
Section 14-20(a)(1): "Bar" means an establishment [in which the sale and
consumption of intoxicating liquor on the premises is authorized under a license
issued by the department of liquor control.] that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the serving of
food is only incidental to the consumption of those beverages, including but not
limited to taverns n~htclubs cocktail lounges, and cabarets. "Incidental" means
that for the prior calendar mar gross sales of food are less than one-third (1 /31 of
gross sales of alcoholic beverages. A "bar" is authorized under a license issued by the
deparhnent of liquor control. (Page I )
u The definition for "enclosed or partially enclosed area" was amended. The plural
"areas" should be changed to acknowledge the singular "area."
Section 14-20(a)(6): "Enclosed or partially enclosed area(s)" means an areals~ closed
in by a roof or overhang and at least two walls. (Page 2)
Ref. Ta O C~
Ref. Date
u Anew section was added: Section 14-21(x)(14). A corresponding amendment needs
to be made in the related section.
Section 14-22(x1((): Private residences, except as prohibited in Sections 14-211x)(12)
and 14-21(x)((4). (Page 5)
? 1 recommend that a separate bar area of a restaurant be given until March I, 20(15 to
come into compliance with the provisions below. The following sections should be
amended and appropriately numbered to reflect the extension of time. Please note
that the phrase "excluding nightclubs" was deleted from Section 14-22(x)(3).
Section 14-21(x)(2): Restaurants and bowling alleys, except as outlined in Section
14-21(a)t2)(A) below. [f a restaurant orbowlin alley contains an outdoor, open air
or partially enclosed seating_area where food and beverages are served, smoking is
prohibited in this area of the establishment.
(Al Until March I, 2005, smoking shall be permitted in a separate bar
area of a restaurant when the business operating the restaurant
refrains from deli ng ating the area as nonsmoking. A "separate bar
area of a restaurant" means an indoor area of a restaurant that is in
compliance with all of the following:
(i 1 The area is devoted primarily to the serving of alcoholic
beverages for consumption by patrons in the area.
~d 1 On a monthly basis, the gross sales of food to patrons for
consumption in the area are less than one-third /3) of the
rr~oss sales of alcoholic beverages to patrons for
consumption in the area.
viii) The area is separately ventilated from an dig area of
the restaurant; and
w) The area is totally separated from any dining area by a tloor
to ceiling solid wall.
(a) Without any opening; or
(b) With a closable door that stays closed, except when
a person passes through, but no other opening. The
solid wall mayhave an unopenable plate glass
window.
From March L, 2005, paragraph (A) shall be invalid and smoking shall be prohibited
in any separate bar area of a restaurant. (Page 3)
Section 14-22(x)(3): Bars. (Page 3)
2