Weho Passes Anti-Smoking Ordinance

The West Hollywood City Council voted 3-2 Monday night to prohibit smoking in outdoor dining and other public areas after the first reading of the proposed measure. 

Mayor Pro Tem had requested that the panel hold off on voting on the ban until another meeting but Councilwoman motioned that the panel introduce the ordinance on first reading. Duran and Councilwoman  voted against it. 

There were about 20 speakers who spoke on the ordinance, with the majority representing businesses in West Hollywood. They said they were concerned about the impact the ban may have on their businesses in light of the weak economy.

Health advocates representing the American Lung Association and the Coalition for a Tobacco Free L.A. County spoke in favor of the measure. 

Land said the ordinance is a "public health issue that impacts everyone" and said it would perhaps accommodate too many people. "In trying to please everybody, we might have actually pleased nobody," she said.

Councilman called the ordinance a "compromise" and said both sides will walk away feeling like they lost. Prang also said in trying to be accommodating to all businesses and residents, the ordinance had become "watered down with a great deal of exceptions."

Duran, who has been vocal about his opposition to the ordinance, argued that secondhand smoke studies he's read suggest it's dangerous to inhale the smoke in enclosed areas. "There have virtually been no studies on outdoor spaces and the effects of secondhand smoke," he said. Duran dissected the ordinance bit by bit criticizing its due process for businesses, vague language, enforcement in public spaces and said it was "completely unnecessary." 

Mayor offered rebuttals for Duran's arguments and maintained his support for the ordinance and said it was a public health issue.

Horvath said she's supportive of public health initiatives and said community leaders should craft together sound policies. "I can't say that the ordinance as it currently exists represents sound policy." 

Bars, nightclubs and hookah bars (Pi on Sunset and Ramma Geni Cafe for instance) would be exempt from the smoking ordinance. 

Before taking the vote, the council provided additional direction to staff regarding the formation of the final ordinance. The three issues that needed further direction were: 

• Whether to exempt restaurants in private membership clubs
• Consider the process by which restaurants may create designated smoking areas, provided minimum requirements are met.
• How to treat restaurants that have a varying operating characteristic (those that morph into a nightclub or bar at some point during the day or night).

The council voted to exempt the two private clubs in West Hollywood: The Soho House and the Foundation Room at the House of Blues. However, the ordinance would not exempt future private clubs should they decide to open for business in West Hollywood. Land disagreed with this and said all private clubs should come into compliance with the ordinance. 

With regard to designated smoking areas, the panel members appeared to agree that smoking should be allowed in an "unenclosed congregation area of a restaurant." They noted that food should not be served to patrons in this section and it should be completely "separate and segregated from any outdoor dining area."

Varying operating characteristic restaurants such as The Abbey are licensed as restaurants, but are mainly considered bar-nightclubs by 7 p.m. when patrons assemble for drinks and entertainment. City staffers said there are about 11 businesses that fall into this category. The City Council suggested that these businesses apply and submit paperwork for a conditional use permit that would allow them to function as a bar or nightclub (which are exempt under this ordinance). Not all businesses will need to apply, but the option should be available, the panel members said. The application would go through the city's Business License Commission and then through the City Council. Staffers said  had already begun the paperwork process and said the grace/education period would allow other potential businesses to submit their forms. 

The second reading of the ordinance is set for Feb. 22.  A grace period and education campaign would follow and the ordinance would become effective and enforceable on Jan. 1, 2012.