Beverly Hills Considers Outdoor Smoking Ban

KTLA
May. 31, 2007

Gov. Arnold Schwarzenegger and actor Sylvester Stallone would have to give up smoking cigars on the patio of a restaurant they frequent under a smoking ban that will be considered tonight by the Beverly Hills City Council.

The proposed ban would also effect poolside food and drink service at the city's hotels.

Violators would be cited. The fine for the first offense would be $100, $200 for a second offense within one year and $500 for each additional violation within one year, according to Daniel E. Cartagena, a project manager with Beverly Hills' Department of Economic Development.

Cartagena said he expected few tickets would be issued, with diners or staff pointing out the smoking ban, prompting smokers to stop, as has occurred in other cities with similar smoking bans.

"This is significantly self-policing," Cartagena said.

If adopted, the ban would go into effect Oct. 1.

The proposal also calls for city staff to evaluate the effects of the measure, including if it results in declining business at restaurants offering outdoor dining and less sales-tax revenue for the city, and another hearing before the council before May 31, 2008.

If the ban caused too many problems, the City Council could repeal the ordinance before May 31, 2008, Cartagena said.

City staff is suggesting the council approve developing a marketing program promoting outdoor dining in a smoke-free environment and educating the public about the smoking ban, Cartagena said.

Staff members are also requesting that "Thank you for not smoking" cards be provided to restaurants at no charge, with the cards also providing an e-mail address and telephone number where comments could be made, Cartagena said.

Another staff proposal is to find restaurants that would serve as control groups to provide "real time" information on any change in patronage at both restaurants offering outdoor dining and those that do not, as well as any enforcement data, Cartagena said.

As written, the ordinance would be in effect permanently. An amendment offered by Councilwoman Linda Briskman would repeal the measure on May 31, 2008, forcing the council to reapprove it for it to remain in force.

The current proposal stemmed from a suggestion by Councilman Barry Brucker in September following complaints from the public, Cartagena said.

A two-member ad hoc committee consisting of Brucker and Briskman met three times to study the issue and make recommendations to city staff members, who developed an initial proposal, which was revised following an April 26 council study session and meetings between the committee, Chamber of Commerce and Beverly Hills Restaurant Association, Cartagena said.

Only a few Beverly Hills restaurants have large outdoor dining areas. One is Caffe Roma, where Schwarzenegger and Stallone regularly smoke cigars while in the outdoor dining area.

Many restaurants have small tables for sidewalk dining, under a plan adopted by the City Council to give Beverly Hills' business district a "European-style look and feel," according to an official of the Beverly Hills Restaurant Association.

Restaurants pay a fee for being able to use the sidewalks and to build barriers, with the understanding they could be used by smokers, the official said.

Opponents say the proposed ban could prompt smokers to eat at restaurants in nearby Los Angeles or West Hollywood, where smoking is allowed outdoors, thus costing Beverly Hills sales tax revenue.

Smoking is banned in restaurants under state law. Burbank, Calabasas and Santa Monica have adopted outdoor smoking bans.

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