HomeMy WebLinkAboutCC 4 EXEMPTION ORD 949 1-19-87DATE:
CONSENT CALENDAR
~ NO. 4
JANUARY 14, 1987
TO:
FROM:
S U BJ ECT:
WILLIAM A. HUSTON, CIl~' Vd~NAGER
ADMINISTRATIVE SERVICES BEPARTI4ENT
REQUEST FOR EXEI~PTION. FRON ORDINANCE f949
RECOI~tENDATION:
To grant Elizabeth Howard's request for an exemption to Ordinance #949.
BACKGROUND:
Attached to this report is Elizabeth Howard's letter requesting an exemption
from Ordinance #949, regulating smoking in public places and places of
employment. Ms. Howard has an unusual situation, in that her business is both a
theatre and a restaurant. The Ordinance prohibits smoking in a theatre, and
Ms. Howard does comply with that provision of the Ordinance. However, when her
facility is utilized as a restaurant, the Ordinance does require that she make a
"good faith effort" to separate smoking and non-smoking patrons. Ms. Howard has
a problem with that provision of the Ordinance in that she does most of her
business in Group Sales. This makes it difficult for her to separate smokers
and non-smokers, in that they often are in the same party and want to sit
together.
Ms. Howard states in her letter that she has only decided to make this request
after sincerely attempting to comply with the 0rdinanc~.
Royleen A. White, Director
Community and Administrative Services
RAW :1 s
Atta c hmen t
· ..'"'" Cur;ain Call - Dinner l' ea; r
·..
December 16, 1986
Mr. Donald Saltarelli, Mayor
City of Tustin
300 Centennial Way
Tustin, California 92680
Re: Request for Exemption form Ordinance ~949
Dear Mayor Saltarelli:
The purpose of this letter is to request the Tustir, City Council
issue on behalf of my business ar, exemption to Ordinance ~949.
Please be 'advised this request has been arrived at only after
trying to co~ply with the ordinance. Also, I have always - as.
demonstrated by past experience - tried to cooperate in every
way with the City of Tustin.
With regard to compliance, I have already initiated the following
changes~
- As an employer s~oking is not allowed in our building
except~in special designated areas.
- Smoking is not allowed during the theatrical performance.
- Management has been instructed to try to accomo~ate non-
s~okers demands be ~oving them to another table when available.
- Beyond these actions, it is impossible to co~piy without
a great hardship and financial toss to ~y business because;
- My business is both a restaurant and a theatre with both
operations within the same open structure. Thus there is no way
to functionally divide or separate smokers from non-smokers
without obstructing the view of the stage.
- Another i~portant point is that the bulk of my business
is Group Sales to people and businesses in large groups that
would never allow control of their seating.
.'
Curtain Call-Dinner
I respectfully request a specific exemptior, to the Ordir, ar, ce and
would appreciate ye, ur brir, gi~g this matter before the City
Cour, c i 1.
SM'ce.rely,
Eh / rna