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2004_0816_Packet
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
8/16/2004
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BEST PRACTICES OF A CLEAN INDOOR AIR ORDINANCE <br />During recent years, several states and many cities have enacted city-wide smoking bans in <br />workplaces and/or restaurants and bars. Below is a partial list of "best practices" for the <br />development of clean indoor air ordinances collected from experienced organizations such as the <br />American Cancer Society, American Heart Association, American Lung Association, and others. <br />Some of these "best practices" were also identified and discussed during our panel discussion <br />meeting held with representatives from Minnesota communities who have proposed and/or <br />implemented smoking bans. <br />Keep the ordinance simple; use clear definitions for what places are included in the smoking <br />ban. <br />Well-defined terms are critical to successful interpretation, implementation, and enforcement of <br />an ordinance. <br />Tiy to avoid allowing e�emptions for hardship cases and certain types of businesses. <br />During the first year of Duluth's ordinance, exemptions were allowed for "hardship" cases for <br />restaurants without liquor licenses. There are many reasons why restaurants and bars do not <br />succeed. There are frequent changes in the restaurant industry (e.g., change of ownership, <br />relocation) so it is difficultto determine why certain businesses do well and others fail. In <br />Duluth, five businesses initially filed "hardship" cases. Three later surrendered their "hardship" <br />cases because patrons complained about the smoking in these businesses. Duluth eliminated this <br />exemption five months after the ordinance was passed. Exemptions can weaken an ordinance <br />and create a lot of confusion. <br />Places that are designated as smoke-fiee should remain smoke-fiee at all times, not only for <br />certain hours or days. <br />One of Duluth's early ordinances allowed smoking later in the evening if there were no children <br />present in the restaurant. Feedback from employees and the public was that this policy was <br />confusing and difficultto implement. <br />Avoid the "accommodation" and ventilation approach promoted by the tobacco industry. <br />The tobacco companies have developed "accommodation" programs (i.e., non-smokers and <br />smokers should be able to co-exist in the same smoky place). Sometimes "accommodation"is <br />achieved simply by posting signs on the doors of businesses making people aware that smoking <br />is allowed. More recently, the tobacco industry has been promoting the use of newer ventilation <br />systems in bars and restaurants. The American Society of Heating, Refrigerating and Air- <br />Conditioning Engineers, Inc. (ASHRAE) is an independent, professional organization <br />responsible for establishing ventilation guidelines. Conclusions reached by ASHRAE's Standing <br />Standard Proj ect Committee 62 regarding ventilation in smoking permitted areas only address <br />comfort (i.e. odor control) and do not claim to eliminate the health risks of environmental <br />tobacco smoke (i.e., secondhand smoke) since there are no ventilation systems that can eliminate <br />secondhand smoke completely.' <br />(See Appendix B: Fundamentals of Clean Indoor Air Policy) <br />[� <br />
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