Story Published:
Dec 24, 2009 at 1:01 PM PST
Story Updated:
Dec 24, 2009 at 1:01 PM PST
An ordinance to ban smoking on outdoor patios of restaurants, bars and nightclubs is being authored in West Hollywood City Hall following direction from the City Council on Monday.
The motion passed by a 4-1 vote, with Councilman John Duran dissenting, and became the second council action in recent weeks to be taken against smoking within city limits.
On Dec. 7, the council unanimously agreed to have an ordinance be drafted that could ban the sale of tobacco products near schools.
But this week’s item on restricting smoking garnered less support from the council and the public.
Duran claimed that enjoying a cigarette at a local bar or restaurant is a part of the nightlife for which West Hollywood has come to be known.
“I feel like we’ve had this compromise in place between smokers and non-smokers. That’s what we’re about here -- trying to mediate,” Duran said.
A number of local businesspersons addressed the council, siding with Duran’s viewpoint and adding that taking away the right to smoke on outdoor patios will decrease revenues for nightclubs, bars and restaurants.
Business owner Bo Trumble said if the ordinance were passed, patrons would be required to go outside on the sidewalk to smoke, which could lead to issues regarding numerous ins and outs and confusion with cover charges.
“Nightclubs and restaurants that have smoking patios can control those guests, their noise level and what they’re doing,” he said. “The moment they step outside, they don’t have that control.”
Councilman Jeffrey Prang, a non-smoker, sympathized with business owners, but added that health concerns, such as the negative effects from second-hand smoking, take priority.
He said he should not be subjected to other people’s smoke, even if a restaurant has a designated space for it, but that the city could work with such businesses.
“I think we should move slowly and spend a little bit of time with the business community and figure out how to best write an ordinance and how to implement it,” Prang said. “We could delay its implementation to give the economy more opportunities to recover.”
But Mayor Pro Tempore John Heilman said businesses have survived local anti-smoking regulations in the past.
In 1999, the council passed an ordinance that forbade smoking in all areas of restaurants, bars and clubs.
Since then, smoking became only permissible on outdoor patios.
“We did have to send code enforcement out, but by and large there was a lot of compliance with the ordinance,” Heilman said. “It was not an enforcement nightmare.”
He also conceded that restricting smoking to sidewalks would result in more cigarette butts in streets and storm drains, resulting in allocation of city services to clean up.
That’s why Heilman suggested that the city should think about “going further and not allowing smoking on sidewalks.”
That seemed to infuriate Duran, who said the council wants to change a lifestyle that has existed for decades in West Hollywood.
“What city are we suddenly finding ourselves in?” he said. “This is a city based on nightlife and clubs.”
No date was set on when the ordinance would return to the council for a vote.