City Council members intent on passing a restaurant smoking ban before they leave office at the end of the year are inching closer to that goal. Panel passes revised
smoking banThe proposed ban in restaurants
will get a public hearing Jan. 30By Gordon Y.K. Pang
gpang@starbulletin.comThe Council's Planning and Public Safety Committee voted 3-1 yesterday to approve the latest incarnation of a restaurant smoking ordinance.
Council members Steve Holmes and Gary Okino joined committee Chairman John Henry Felix in voting for the bill. Councilwoman Rene Mansho was the lone dissenting vote with Councilman John DeSoto not in attendance.
The Council will hold a public hearing on the bill Jan. 30.
As written, the bill would:
>> Prohibit smoking in all restaurants, except in open-air areas completely separated from indoor portions.
"A separate open area" must be divided by either at least 10 feet of space (not enclosed nor roofed) or a solid wall that would be allowed to have a door or serving window but no other opening.
>> Allow smoking in bars and nightclubs that are completely enclosed and separated from nonsmoking areas. It defines a bar, however, as any establishment where the sale of food to patrons is "incidental" to the sale of alcohol. "Incidental" is defined as "less than one-third of the gross sales of alcoholic beverages during the same business day."
>> Allow smoking in bars and nightclubs within restaurants provided they are separated from any dining area by a floor-to-ceiling wall and served by a separate mechanical ventilation system.
>> Allow restaurants to gain an "all-smoking" designation for a limited grace period after which they would have to comply with the restrictions.
Such restaurateurs would need to apply with the Honolulu Department of Planning and Permitting by July 1, the effective date of the ordinance.
The length of the grace period appears to be a point of contention.
Council Chairman Jon Yoshimura initially proposed that restaurants have the option of going all-smoking until June 30, 2004. Felix wants the transition period to end earlier.
Duke Bainum is the fifth Council member who supports a ban. Romy Cachola and DeSoto have opposed bans.
A replacement for convicted former Council member Andy Mirikitani is slated to be decided by the voters Jan. 26.
Patrick McCain, president of the Hawaii Restaurant Association, said his board continues to oppose restaurant smoking legislation.
McCain asked that any legislation that is passed not take effect for 18 months rather than on July 1 to give restaurateurs some time to adjust.
Clifford Chang, director of the Coalition for a Tobacco Free Hawaii, applauded the bill. He said there is no evidence that restaurant smoking bans elsewhere have affected revenues of eating establishments.
Bars are not supposed to be affected by the bill, but at least one Honolulu watering hole known for its food may be forced to go nonsmoking.
Colin Nishida, owner of Side Street Inn, said about 60 percent of his business is from food.
"Technically, we're a restaurant if we go by sales," said Nishida, who was unaware of the bill. "But the atmosphere is definitely a bar. People know it's a smoking establishment."
Side Street serves pupu dishes and no complete meals -- even rice is a la carte.
"They shouldn't be interfering in the business decisions of restaurant owners," Nishida said. "Business is bad enough as it is."
City & County of Honolulu
