Economic Development Commission

DeKalb Municipal Building PLEASE NOTE LOCATION Council Chamber, Second Floor 200 South Fourth Street DeKalb, Illinois 60115 AGENDA Economic Development Commission December 1, 2017 8:30 a.m. A. Roll Call B. Approval of Agenda – Additions / Deletions C. Approval of Minutes – November 3, 2017 Meeting D. Public Participation E. New Business 1. Chapter 64 – Smoking on Outdoor Patios F. Old Business G. Adjourn DATE: November 28, 2017 TO: Economic Development Commission FROM: Jason Michnick, Economic Development Planner SUBJECT: Outdoor Smoking Regulations I. Summary In 2014, the City of DeKalb amended Chapter 64 of the Municipal Code, which regulates the uses of tobacco, E-Cigarettes, and Medical Marijuana. One of the amendments that was included in the 2014 changes was the prohibition of smoking on outdoor patios. At the request of two alderman, this restriction was brought back to City Council for discussion at the October 23, 2015 Committee of the Whole meeting. At that time, City Council requested that the topic be discussed by both the Citizens’ Environmental Commission (CEC) and the Economic Development Commission (EDC), with both commissions providing a recommendation as to whether the restriction on smoking on outdoor patios should be rescinded or remain. II. Background In 2006, the City approved certain regulations applicable to smoking within the corporate limits of the City. On January 1, 2008, the Smoke Free Illinois Act (SFIA), which is a comprehensive anti-smoking law, went into effect. Both the State and City’s regulations were aimed at reducing the exposure of secondhand smoke in public places. In 2014, the CEC reviewed both sets of regulations and made recommendation for additional revisions to the City’s ordinance, including a provision that prohibits smoking on outdoor patios at public accommodations throughout the City. The SFIA prohibits smoking within an indoor place of employment (with exemptions for previously existing or new freestanding tobacco shops), as well as within 15 feet of any entrance, exit, open-able window, or ventilation intake for a place of employment. Without the restriction for outdoor patios in Chapter 64, any place of employment with an outdoor patio sufficiently large enough to accommodate the 15 foot threshold, could allow smoking to take place on premises, so long as the person smoking was 15 feet or greater from any door, window, or ventilation intake. In addition to the 15 foot smoke free area that is to remain around any door, window, or ventilation intake, the Illinois Department of Public Health (IDPH) also accounts for “drift” of smoke, which is defined as, “the physical movement of smoke, regardless of cause, into any area where smoking is prohibited.” Therefore, an individual could be outside of Page |1 the 15 foot threshold, but be in violation of SFIA if smoke were to drift into a prohibited area. The following is an exerpt from the staff memo to Council that was prepared for the October 23 meeting, “As enforced by the IDPH, even if smoking occurs more than 15 feet from a regulated location, if the smoking is conducted in a fashion that causes smoke to drift into the regulated location, a violation has occurred and can be cited. Under the provisions of the IDPH regulations, where an owner of a place of employment is notified of a violation, they are required to request that the unlawful action cease. If it does not cease, they are required to notify local law enforcement. If they fail to undertake either of those steps, the owner of the place of employment can be cited for a violation of the Act and fined. (77 Ill.Admin.Code 949.40).” It therefore becomes difficult to determine how much of an outdoor patio could be utilized as a smoking area when accounting for drift. Though the SFIA does state 15 feet, the threshold needed is potentially larger. The City’s current regulations eliminates some of the questions regarding enforcement of the drift regulations and dispute over the 15 foot rule, though the City’s regulations are more stringent than State regulations. During the October 23 Committee of the Whole meeting, a member of Council stated a belief that a repeal of the ban on smoking on outdoor patios may lead to increased traffic to restaurants where a smoking area could be accommodated. Another member of Council argued that allowing smoking on outdoor patios could potentially deter nonsmokers from patronizing those restaurants where it would be allowed. Following this discussion, it was requested that the EDC discuss the merits of both sides of this argument and make a recommendation back to Council as to whether there is an economic impact, positive or negative, that prohibiting outdoor smoking on patios has. III. Community Groups/Interested Parties Contacted The topic was discussed during the October 23, 2017 Committee of the Whole meeting, which was open to the public. The topic was also discussed during the November 2, 2017, Citizens’ Environmental Commission meeting. IV. Legal Impact The City of DeKalb has the legal authority to maintain the current regulations or modify them. Any regulation would need to be at least as stringent as the current state law. V. Financial Impact Prior to the October 23 Committee of the Whole meeting, the City reviewed receipts of Restaurant and Bar Tax, both prior to and after, the passing of the outdoor patio smoking ban. No notable decline in revenues associated with the changes to smoking regulations could be determined. The following are the total receipts in Restaurant and Bar Tax from 2012 to present: Page |2   2012: $1,644,563  2013: $1,626,071  2014: $1,831,234  2015: $1,856,307  2016: $1,913,222  2017: $1,935,000 (estimate) VI. Options The EDC can recommend the following action be taken by City Council: 1.) Recommend no change be made to Chapter 64, and maintain the current ban on smoking on outdoor patios. 2.) Recommend that Chapter 64 be amended to remove the ban on smoking on outdoor patios (Allow SFIA to regulate outdoor smoking). 3.) Recommend alternative changes to Chapter 64 in regards to smoking on outdoor patios. VII. Recommendation It is recommended that the EDC discuss the current regulations and make one of the above recommendations to City Council. Page |3