City of Milwaukee - File #: 050296

• File #: 050296
• Version: 3
• Type: Ordinance
• Status: Placed On File
• File created: 6/14/2005
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 9/21/2010
• Title: A substitute ordinance relating to the regulation of smoking inside buildings that are open to the public.
• Sponsors: ALD. DAVIS
• Indexes: FIRE PREVENTION, NUISANCES, SMOKING

Date	Ver.	Action By	Action	Result	Tally
9/21/2010	3	COMMON COUNCIL	PLACED ON FILE	Pass	14:0
9/16/2010	3	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
9/7/2010	3	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	3	CITY CLERK	DRAFT SUBMITTED
3/2/2006	3	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Speakers: Ald. Joe Davis, 2nd Aldermanic District Motion by Ald. Witkowski to make Common Council File # 050296, substitue 3 part of the record. Prevailed: 5-0 Motion by Ald. McGee to afford Ald. Davis an additional 3 minutes to speak regarding Common Council File #050296, substitute 3. Prevailed. 4-1. Ald. Donovan voting "no". Motion by Ald. Puente to make exhibit 1, (Smoking Regulation Talking Points), provided by Leslie Silletti, Legislative Reference part of the record. Prevailed. 5-0 Bevan Baker, Health Commissioner, City of MIlwaukee Health Department Motion to make exhibit 2, (Quick Reference Table for Environmental Tobacco Smoke (ETS) Control Measures). Prevailed. 5-0 Dr. Paul Burstein, American Cancer Society Motion by Ald. Puente to make exhibit 3, (Dying for a Smoke) part of the record. exhibit 3(b) (Picture A Cure for Cancer). Prevailed. 5-0 Sharon Ward, Wisconsin Tavern League Motion by Ald. Puente to make exhibity 4, (Copies of studies, reports & related materials) part of the record. Prevailed. 5-0 Arlee Vang, President City of Milwaukee Youth Council Max Loos, City of Milwaukee Youth Council Representative 14th Aldermanic District Sharon Nowak, Milwaukee Hospitality Association Motion by Ald. Puente to make exchibity 5, (City of Milwaukee Smoking Band-Signatures) part of the record. Prevailed. 5-0 Pete Hansen, Wisconsin Restaurant Association Barry Zalben, Legislative Reference Bureau Summary of Common Council File #050296. Mary Harrell Great Lakes Beverage Association Howard Tietz Susan Kaspyrczak, C J Sports Bar John Rockeller Curtis Marshall Motion by Ald. Witkowski to make exhibit 6, (Resolution to Eliminate Scondhand Smoke in Public Places). Prevailed. 5-0 Ms. Rose Dona Wininsky Karen Richardi Patricia McManus Roxanne Starks, Milwaukee City Council PTA Joan Huff, Milwaukee City Council PTA Mike Cobus Tom Arndorfer John Kowalkowski Curtis Quin, M.D. Dalvery Blackwell Jan Eder Roger Westmont Motion by Ald. Zielinski to make exhibit 7, (The Madison Bar-Financial data). Prevailed. 5-0 Fred Weigel, Milwaukee Coin Machine Ray Hallstrand Doug Nowak James Kohlbeck Robert Greenya Ralph M. Fleege Gary Lieske Mike Silber James Michalowski Debra Seibel Erv Uecker Mary Jill Johnson Lorna Longmire Piggee Shoe-ah Lor James Steinbock Motion by Ald. Puente to make exhibit 8, (The EPA Report) part of the record. Prevailed. 5-0 Mark A. Gierczak Robert H. Weiland Jr. Jessie Wray Beth Luebhardt Tim Capper Bernard Bondurf Pastor Shaw Betty Glosson & Sommer Glosson Motion by Ald. Puente to make exhibit 9 (AMERICAN NONSMOKERS' RIGHTS FOUNDATION) part of the record. Prevailed. 5-0 Karen Ordinance, Childrens Health Alliance of Wisconsin Julia Laloggia E-Liz Green Sallie Ferguson Collen Riley Deanne M. Wecker Ted Bobrow Helen Kooacik Motion by Ald. Witkowski to make exhibit 10, (Oppositon to smoking ban-signatures). Prevailed. 5-0 Habs Weissgerber III Dawn Ludwig Paul Decker Jeff Wisniewski Motion by Ald. Zielinski to make exhibit 11, (Holiday Lanes-Opposition of smoking ban signatures). Prevailed. 5-0 Dorothy Seeley Motion by Ald. McGee to make exhibit 12, (Non-smoking Bingo). Prevailed. 5-0 Barbara Moser Motion by Ald. Puente to make exhibit 13, (Environmental Tobacco Smoke) part of the record. Prevailed. 5-0 Bonnie Summer Anita Fox Shirlie Lamintia Sharon Nowak Stanlie Kelly Gary Szuslik Jim Koowksi Lashawnda Westmoreland Dr. John Meurer Motion by Ald. Puente to make exhibit 14, (Testimony in Support of Smoking Ordinance). Prevailed. 5-0 Todd Sokolowski Foua Vang Brain Bernier Peter Fiomefreddo David Nehlsen Mary Nehlsen Kathryn Schlipmann Betty Grinke Ronald Sollazo Dr. Leslie Martin Kathleen A. Albergo Allan H. Nelson Frak A;bergo Linda K. Ponds Karen Miller Barbara K. Patterson, Zablocki -V.A. Medical Control Rosie Caradine-Lewis, NAACP Tom Frieden, Clean Air Systems, Inc. Motion by Ald. Puente to make exhibit 15 (Clean Air Systems, Inc.) part of the record. Prevailed. 5-0 Mary Balistreri, UW Center for tobacco Research and Intervention Motion by Ald. Puente to make exhibit 16(a) and 16(b) part of the record. Prevailed. 5-0 Desiree Harrell, Great Lakes Beverage Assoc. Gus Anann Dr. Marilyn Frenn, MarquetteUniversity College of Nursing and American Lung Assoc. of WI Board Kim Zick Victoria McFarland George Kurtzweil Collin Braunel Tasha Jenkins Jennifer Garcia Motion by Ald. Puente to make exhibit 17, (The EPA Report) part of the record. Prevailed. 5-0 Rachel Morgan LaShunda Harrell Laquisha Olgesby Motion by Ald. Puente to make exhibit 18, (Petitions, SMOKE FREE MILWAUKEE PROJECT CAMPAIGN) part of the record. Prevailed. 5-0	Pass	3:2
2/14/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/14/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/10/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
1/12/2006	2	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
8/29/2005	2	CITY CLERK	DRAFT SUBMITTED
6/30/2005	1	CITY CLERK	DRAFT SUBMITTED
6/14/2005	0	COMMON COUNCIL	ASSIGNED TO

Number
050296
Version
SUBSTITUTE 3
Reference

Sponsor
ALD. DAVIS
Title
A substitute ordinance relating to the regulation of smoking inside buildings that are open to the public.
Sections
105-48 rc
105-49 rp
105-50-1 rc
Analysis
This ordinance revises the current smoking regulations which apply only to city-owned buildings, theaters and buses, and expands them to prohibit smoking inside all enclosed public places and places of employment within the city.

However, the following areas are exempted from the prohibition:
1. Family-owned and operated places of employment in which all employes are related to the owners and the enclosed areas of employment are not open to the public.
2. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided not more than 20% of the rooms rented to guests are designated as such.
3. Outdoor patios.
4. Private clubs or lodges.
5. Private residences, except when used as licensed daycare centers, adult care facilities, health care facilities or home-based businesses of any kind open to the public.
6. Retail tobacco stores, where sale of tobacco products and smoking accessories are the primary sources of revenue.
7. The stage of any theater when used in connection with any theatrical performance and so noticed in the program.
8. Any public place or place of employment whose owner can demonstrate that the air in his or her establishment has been purified as to render the secondhand smoke in such area equivalent to such exposure to secondhand smoke in the ambient outdoor air surrounding the establishment.

This ordinance takes effect 3 months after passage and publication, except for class “B” taverns that derive at least 75% of their gross proceeds from the sale of alcohol beverages. For these facilities, the ordinance is effective 2 years and 3 months after passage and publication.

It is the responsibility of the owner or operator of an establishment to post signs pro...