29 - Repealing Ordinance No. 2017-003 and Amendments to Smoking Regulations

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Item No. 29 TO: City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Ordinance repealing 2017 amendments to the city's smoking ordinance relating to enclosed places of employment. DATE: July 22, 2020 BACKGROUND: In 2014, council passed a comprehensive smoking ordinance barring smoking in many places in which it had previously been permitted. As a part of that ordinance, smoking was prohibited in enclosed places of employment. An "enclosed area" was defined as "all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether opened or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind." In January of 2017, after administration and the then -mayor had been made aware of concerns that the ordinance, in particular the definition of "enclosed area," was too restrictive when applied to industrial uses such as Turner Industries where welding and other areas had large open areas in walls and large bay doors that remained open most of the time, council amended the ordinance to change the definition of "enclosed area" from having walls on two sides to three sides, and further provided that "if the openings in an unenclosed area are covered or closed, such that the area at the time meets the definition of being enclosed, then smoking must be prohibited in the area while the openings are covered or closed." STATUS OF ISSUE: Council has indicated its desire to repeal the 2017 amendments to the smoking ordinance. The attached ordinance repeals those amendments and prohibits smoking in places of employment enclosed on at least two sides including bay or garage doors whether open or closed. BUDGET: No impact.