City tries to find balance in its smoking ordinance

Moorpark officials last week modified a proposed secondhand smoke ordinance to make it possible for some businesses to host open-air tobacco-related events.

The change, made just before the original ordinance was to be finalized at a City Council meeting last week, will allow some restaurants and retailers to apply for special permits for occasional outdoor tobacco smoking-related activities.

Moorpark Chamber of Commerce President Patrick Ellis had asked the council to reconsider the law they were about to pass. The business advocate said the new ordinance would affect the bottom line of several local restaurants and venues that sell cigars and cigarettes.

"It could be something that is considered against certain businesses," Ellis said. He added that had received "quite a few calls" from business owners that allow smoking outside, either routinely or for special events.

The original ordinance would have prohibited smoking in all public areas, indoors and out, except within businesses that sell tobacco products. Designated areas would be created to accommodate smokers—more than 20 feet away from entrances, exits and open windows of public buildings.

After hearing Ellis' concerns, the City Council agreed to ease the regulation, allowing business owners to obtain a temporary use permit for single events or an administrative permit for recurring events, said Joseph Montes, city attorney for Moorpark.

Permit requests will be subject to the approval of Moorpark Community Development Director Barry Hogan, and applicants must try to mitigate secondhand smoke to reduce exposure to people who aren't involved in the activities, Montes said.

"This doesn't mean each request will be approved, but it enables the city to consider each one individually," said Hogan.

If a permit is denied, the applicant can appeal the decision before the planning commission and the City Council.

While efforts to clear the air in public places were lauded at the meeting last week by Jack Nicholl, a volunteer with the American Lung Association, Ellis said the amendment proposed by the council won't solve problems for businesses whose outdoor areas are used daily to accommodate smokers.

Restaurants that would be affected by the new rules include the Secret Garden and Cafe Firenze.

"Figuring out where designated smoking areas would be would also be a challenge," Ellis said.

Moorpark resident Ray Vorburger, who plans to open a retail shop on Walnut Street that would see imported beer, cigars and fine wines, said the new law would have a negative impact on his business as well.

In an interview with the Acorn, Vorburger said the city didn't notify him about the proposed secondhand smoke ordinance when he applied last November for permits to construct his business.

The city provided permits allowing Vorburger's future customers to smoke indoors, requiring him to install a costly ventilation system. Now he hopes to obtain a permanent permit to allow cigar sampling on his enclosed patio.

"Without the use of the patio, the business will not work," he said.

Councilmember Mark Van Dam, who said the secondhand smoke ordinance was on his agenda when he ran in 2006, is glad the matter is coming to fruition to safeguard public health.

"I'm confident that the city staff will work diligently with businesses to make sure they're as successful as possible," he said. The new law is complaint-driven, meaning authorities will only cite offenders if someone complains about them, city officials said.

The council is scheduled to approve a second reading of the ordinance during its regular meeting at city hall Wed., July 15.