Restaurant smoking ban
passes test

Committee approval sends the bill
on to a final Council vote

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By Gordon Y.K. Pang
gpang@starbulletin.com

A strict smoking ban for Oahu restaurants is only one vote away from moving out of the Honolulu City Council.

The Council Public Safety Committee voted 3-1 yesterday to approve a version that is more stringent than previous proposals.

Members Steve Holmes and Gary Okino joined bill author and Public Safety Chairman John Henry Felix in endorsing the measure. Councilwoman Rene Mansho was opposed.

The bill now goes to a final vote before the full Council where five members currently have indicated support and three opposition. Assuming the five votes on the nine-member Council hold, the final arbiter could be Mayor Jeremy Harris.

The latest version of the bill was forged largely by Public Safety Chairman John Henry Felix and Council Chairman Jon Yoshimura. The bill is now even tougher than the one that failed to move out of the Council in November.

Among the key points:

>> Smoking in most indoor restaurants would be barred beginning July 1. A proposal to allow restaurant owners to opt for a temporary "all-smoking designation," designed to provide some time for them to adjust, was deleted.

>> Smoking in outdoor restaurants and "the separate open air area" of restaurants would be allowed under strict criteria.

>> Smoking in "the separate bar area" of restaurants would be allowed only through June 30, 2003.

>> Smoking would still be permitted in stand-alone bars, provided no more than one-third of their gross income comes from food sales.

Whether the bill becomes law hinges on Harris and, possibly Councilwoman-elect Ann Kobayashi. Harris previously vetoed a restaurant smoking ban on economic grounds but has told reporters in recent months that he would like to see some type of legislation enacted before his expected resignation this summer to pursue the governor's office.

Harris met with Felix following yesterday's vote. According to Felix, the mayor "likes the bill in principle" but wants to be provided with an executive summary outlining all salient points first.

Harris spokeswoman Carol Costa said the mayor's position is expected to be known by the time of the Council's final vote slated for Feb. 20.

With five current members for and three against, a threatened veto by Harris would put the spotlight on Kobayashi since a sixth vote would make the bill veto-proof.

Kobayashi, who is expected to attend her first meeting as a Council member on that day, said she favors an all-out smoking ban in principle but worries about any unfair advantages some businesses may incur from a restaurant prohibition.