Mayor and Council Meeting, 1/12/2004

A meeting of the Mayor and City Council was called to order at 7:30 p.m., Mayor Katz presiding. Council Members present: Alster, Marraffa, Schlichting and Somerset. Absent: Council Member Edens. Staff present: City Manager Humpton, Assistant City Managers Felton and Tomasello, Project Manager Kappas, and City Attorney Abrams.

I. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by the City Council of Gaithersburg.

II. FROM THE MAYOR

1. Announced a closed executive session was held following the regular Mayor and City Council meeting of January 5, 2004, at approximately 8:15 p.m., to discuss a legal and personnel matter, and adjourned at approximately 10:05 p.m.
   
   
   
2. Made the following statement:
   
   

   Tonight's meeting is for the sole purpose of introducing legislation that deals with smoking in eating and drinking establishments in Gaithersburg. We will not have any other agenda items. The public hearing on these ordinances will be a special Mayor and City Council meeting on Monday, January 26, 2004, beginning at 7:30 p.m., and that meeting's sole purpose will be for the public hearing and to receive public testimony. As usual, at that public hearing, each person will be allowed up to three minutes to testify.
   
   
   

3. Announced the next regular meeting of the Mayor and City Council will be held on Tuesday, January 20, 2004.
   
   

III. ORDINANCES, RESOLUTIONS, AND REGULATIONS

Assistant City Manager Felton read the following statement:

During the December 8, 2003 Work Session on the ordinance to adopt (via Tillie Frank) the Montgomery County ban on smoking in eating and drinking establishments, a number of Council Members suggested that any action on this issue should be in the form of City legislation rather than simply allowing Montgomery County law to apply in Gaithersburg.

At the time, staff suggested that the City introduce legislation similar to the County ban with the understanding that the City Council could ultimately adopt something less than a total ban if such action was determined to be in the City's best interest during the public hearing process.

City Attorney Abrams was not present at the work session, and subsequently expressed concerns about the legality of going to hearing on a total ban and ultimately adopting something less than a total ban. Mr. Abrams suggested that the Mayor and City Council hold a consolidated hearing on a number of different alternatives for regulation of smoking in eating and drinking establishments.

A number of Council Members wanted to consider the possibility of allowing existing restaurants to retrofit to have separate enclosed smoking areas and separate ventilation systems while requiring that all new restaurants be completely smoke free. However, the City Attorney has determined that we do not have the legal authority to adopt this option. Accordingly, it will not be considered.

The purpose of tonight's meeting is to simply introduce three alternatives for further regulating smoking in eating and drinking establishments in the City of Gaithersburg. If the Council votes to introduce these options, a consolidated hearing will be held on these three alternative ordinances on January 26, 2004. The consolidated public hearing will be the only agenda item for the January 26, 2004 meeting, and, as usual, the public will have three minutes to comment.

Assistant City Manager Felton introduced the following three alternatives:

Introduction of An Ordinance to Amend Chapter 18A of the City Code Entitled "Smoking and Tobacco Products Placement" Section 18A-2 Entitled "Smoking Prohibited in Certain Areas" Section 18A-3 Entitled "Exceptions", Section 18A-6 Entitled "Designated Smoking Areas" and Section 18A-7 Entitled "Smoking in Eating and Drinking Establishments" so as to Prohibit Smoking in Eating and Drinking Establishments in the City, Except Private Clubs and Further to Renumber Certain Subsection Numbers


He stated that the above option is a mirror image of Montgomery County, but it would be done as a City ordinance. This ordinance would ban smoking in eating and drinking establishments with the exception of private clubs.


Motion was made by Council Member Alster, seconded by Council Member Somerset, that the above Ordinance, be introduced.

Vote: 4-0



Introduction of An Ordinance to Amend Chapter 18A of the City Code Entitled "Smoking and Tobacco Products Placement" Section 18A-2 Entitled "Smoking Prohibited in Certain Areas" Section 18A-3 Entitled "Exceptions", Section 18A-6 Entitled "Designated Smoking Areas" and Section 18A-7 Entitled "Smoking in Eating and Drinking Establishments" so as to Prohibit Smoking in Eating and Drinking Establishments in the City, Except Private Clubs and With Standards for Deferrals of Effective Date for Certain Establishments and Further to Renumber Certain Subsection Numbers


He stated that the above option is similar to the Montgomery County smoking ban; however, restaurants that currently have completely enclosed smoking areas with separate ventilation systems, would be granted one year to phase out smoking in their establishments.


Motion was made by Council Member Schlichting, seconded by Council Member Alster, that the above Ordinance, be introduced.

Vote: 4-0



Introduction of An Ordinance to Amend Chapter 18A of the City Code Entitled "Smoking and Tobacco Products Placement" Section 18A-3 Entitled "Exceptions", Section 18A-6 Entitled "Designated Smoking Areas" and Section 18A-7 Entitled "Smoking in Eating and Drinking Establishments" so as to Prohibit Smoking in Eating and Drinking Establishments in the City Except Under Specified Requirements and Conditions, Exempt Private Clubs and Further to Renumber Certain Subsection Numbers and Add Appropriate Definitions

He stated that the above option is similar to the Howard County model. Under this ordinance, existing and future restaurants would have the option of having smoking areas. If a restaurant elects to designate smoking areas, it must be a completely enclosed area with a separate ventilation system. Additionally, a designated smoking cannot be located in an area that patrons must past to use restrooms or to be seated in a non-smoking area.

Motion was made by Council Member Schlichting, seconded by Council Member Marraffa, that the above Ordinance, be introduced.

Vote: 4-0

IV. ADJOURNMENT

There being no further business to come before this session of the City Council, the meeting was duly adjourned at 7:38 p.m.