City Council Minutes 2002 08 20 - Laserfiche WebLink

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Louisville City Council Meeting August 20, 2002 Page 7 Brown noted that Council has struggled with the exemption of tavern licenses. He agreed with Mr. Stout that creating a non-smoking environment would help people quit smoking. He voiced his support of the ordinance. Davidson asked Garrett McCarthy, if he was aware of public opinion on banning smoking in outdoor patios. McCarthy voiced his support for the non-smoking issue, but felt awkward imposing his views on the public. He thought many of his customers would be in favor of the ban on smoking and the ordinance will help his business. Davidson favored the exemption for private clubs. He addressed the issue of law-abiding citizens being turned into criminals and stated that City regulations protect the public. He commended the Smoking Task Force for their work. He emphasized that he is a representative of all the people of the City of Louisville, and the people have voiced their support of the ordinance. He stated he would support the ordinance with the exclusion of private clubs. Davidson called for further public comment. Patricia Benson, Louisville Times Reporter, asked if the ordinance would cite people smoking outside of a public building or on public sidewalks. Davidson responded no. Jim Hayden, Gentleman Jim's owner, asked if all the enforcement is left up to the bar and restaurant owners, and if he would be arrested if someone smoked in his establishment. City Attorney Sam Light explained there are a number of prohibitions, which apply to the smoker and the proprietor of the business. The main prohibition is that no person shall smoke or carry a lighted smoking instrument into a public place. That provision applies to the smoker. With respect to the proprietor, they are obligated to post signage, and asked smokers to stop smoking in a non-smoking area. If the smoker refuses to comply with the proprietor's request, the proprietor is to report that situation to the police for further investigation. Hayden stated that if it were a health issue, why would private clubs be exempt. He stated private clubs employees would be subject to second hand smoke. Davidson stated smoking is being prohibited in public places. Chuck Wright, 103 S. Washington Avenue, Louisville, CO, stated it should be a matter of consent and if a person frequents a smoking establishment, they are consenting to cigarette smoke. He stated the public has the right to determine whether or not they wish to enter a smoking establishment and must take responsibility to investigate whether a public establishment is smoking or non-smoking. He disagreed with government controlling smoking in private businesses. 7