HomeMy WebLinkAboutIR 8749INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8749
At the January 24, 2006 Pre - Council meeting, Council requested information specific to the City's current
smoking ordinance and the potential for strengthening and/or expanding the smoking ban provisions for all
public places. The purpose of this informal report is to briefly summarize the City's current smoking
ordinance, summarize the observed regulatory impacts of the current ordinance, provide examples of
stricter ordinances in other Texas municipalities, and summarize potential impacts of expanding the
smoking ban provisions of Fort Worth's ordinance.
Current Smoking Ordinance
The current City of Fort Worth smoking ordinance became effective on June 29, 1997. With few
exceptions, the ordinance prohibits smoking in enclosed public places and workplaces and in most Fort
Worth business locations unless approved air ventilation or filtration equipment is installed. Restaurants
with designated smoking areas that were built after June 29, 1997 were required to install approved
equipment during construction. Restaurants that were in place prior to June 29, 1997 and allowed smoking
were required to install approved equipment before December 31, 1999. After January 1, 2000, any
establishment not meeting ordinance requirements were in violation of the ordinance. In addition to
requiring the installation of approved equipment in designated smoking venues, the ordinance restricts
where tobacco vending machines may be located and prohibits minors from purchasing and using tobacco
products.
The current smoking ordinance regulates smoking in indoor or enclosed areas except:
• Bars (more than 70% of annual gross sales from alcoholic beverages);
• Private residences;
• Fire stations;
• Hotel/Motel rooms;
• Retail Tobacco stores;
• Private clubs;
• Enclosed meeting or assembly rooms and other public places while the entire room is being used for
a private function.
Other notable exemptions include:
• A restaurant with fifty (50) seats or less can be designated as a smoking facility, provided proper
signage is posted indicating a non - smoking section is not available;
• A designated smoking area in the workplace can be furnished provided it is restricted to only
smokers and is equipped with an approved ventilation system;
• An adult entertainment establishment, billiard hall, bingo parlor or bowling center can be designated
a smoking facility provided proper signage is posted and provided the establishment is not open to
persons younger than 18 years of age at any time.
ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS
Violations of the ordinance can result in citations and fines up to $500.00 for each violation. The sale of
cigarettes to minors can result in penalties up to $2,000.00.
The ordinance only applies to indoor and enclosed areas and does not address exterior facility entry and
exit points.
Regulatory Impacts
Since its implementation in 1997, the smoking ordinance has resulted in every public place and commercial
business either retaining or transitioning to a non - smoking environment, with the following exceptions:
• Establishments exempt as "Bars" or "Adult Entertainment" venues — 246;
• Establishments exempt as "Private Clubs"— 10;
• Restaurants with fewer than 50 seats and electing a smoking facility status — 43;
• Establishments investing in approved air filtration equipment (includes office buildings and
restaurants) — 118.
Public Health Department staff enforces the current ordinance. The following is a summary of
enforcement activities since the ordinance became effective:
• Air filtration equipment inspections — 934
• Complaint investigations —653*
• Consultations —4,553
• Violation Notices — 1,038
• Citations Issued -- 27
* Complaint investigation totals are heavily skewed, with the vast majority of complaints occurring
during the first couple of years following approval of the ordinance. During the past three years, for
example, the number of complaints has approximated 2 -30 annually.
11 ► El Paso Smokip Qrdinance
There are numerous variations to smoking ordinance language throughout he state and count's v' he City
of ! Paso has been recognized as having one of the most restrictive smoking ordinances in the ountr ' and
is therefore summarized ed rn this report as a n e a = ple of "a more restrictive ordinance. The El Paso
ordinance has been in P.11ace since January 2, 21002.
The El Paso ordinaince bans smoking oking in all enclosed public places within the city and provides for very few
exc = =eptions. The only exceptions are the following:
• Private residences, xcerm when used as a child care, a ult a% are or health 3rre Emil t
* No !har. -2-5% of hotel aind mole! rt--,,_-,,rns rented" to guesls*v
Retail tob, co k.u.._ s in ,..t.. nd an one p ,real It -a- h t. s,
ISSUED BY THE CITY GE FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8749
Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms
while places are being used for private functions, except while contracted food or beverage service
functions are taking place;
Outdoor places of employment.
By contrast, there are no provisions for exceptions for establishments with approved air filtration
equipment, bars, private clubs, etc. that are allowed exceptions in the current Fort Worth ordinance. It too,
however, does not address outdoor spaces such as exterior facility entrances and exits.
The only example identified of an ordinance that addresses facility entrances and exits is the City of Austin
that prohibits smoking within 15 feet of any pedestrian entrance of a public place.
Potential Business Impacts of a More Restrictive Ordinance in Fort Worth
Another reason for choosing the City of El Paso as an example is that there has been a comprehensive
research project performed and published in numerous periodicals analyzing the business impacts of the El
Paso smoking ordinance. The summary section of the article, written by Texas Department of Health
researchers in 2003, includes the following:
"Based on the currently available sales tax and mixed beverage tax data, there have been no significant
adverse changes in restaurant or bar revenues in El Paso since the comprehensive smoking ban was
implemented. These findings are consistent with prior reports from other cities in Texas and across the
United States that smoke free indoor air ordinances do not affect restaurant revenues. "
Should Fort Worth establish a more restrictive smoking ordinance, there is no evidence to suggest Fort
Worth business impacts would differ from El Paso's.
Other potential impacts for consideration include the following:
If exemptions for approved air filtration equipment were eliminated, there are 118 current
establishments that have already invested in the purchase and installation of equipment —
some as recently as during this calendar year;
Despite the available research, it should be anticipated that some business owners will
believe a more restrictive ordinance will negatively impact their businesses and are likely to
voice their opposition.
Banning smoking in bars or other evening - oriented establishments could result in more
frequent complaints requiring an evening response from inspectors. Overtime budgets could
be impacted.
Conclusion
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
To the Mayor and Members of the City Council February 14, 2006
Page 4 of 4
SUBJECT: SMOKING ORDINANCE UPDATE
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In order to expand protection of employees and customers from secondhand smoke exposure, which is
associated with increased risks for heart disease and lung cancer in adults and respiratory disease in
children, staff endorses consideration of a more restrictive smoking ordinance.
There are a variety of approaches that could be entertained, depending upon the extent to which Council
wishes to amend the current ordinance. For example, consideration could be given to only address the
issue of external entrances and exits by adding language prohibiting smoking within a designated number
of feet from any entrance to a public place. If consideration is to be given to further revising the current
ordinance by limiting or eliminating existing exemptions, a more comprehensive dialogue is recommended
to include a variety of stakeholders. A similar process to what was facilitated prior to the existing smoking
ordinance being passed is recommended, including task force participation representing the diversity of
public opinion on this topic.
For further information on this topic, contact Joe Paniagua at 817-392-6191 or Dan Reimer at 817 -871-
7201.
Charles R. Boswell
04y Manager
ISSUED BY THE CITY MANAGER FORT WORTH, T ERAS