Madison, WI Header
File #: 01985    Version: 1 Name: Smoking ban reversal
Type: Ordinance Status: Denied
File created: 9/1/2005 In control: BOARD OF HEALTH FOR MADISON AND DANE COUNTY
On agenda: 9/20/2005 Final action: 9/20/2005
Enactment date: Enactment #:
Title: Amending Sections 23.05(1) and 23.05(3)(c), repealing Sections 23.05(3)(s), (t) & (u) and amending Section 23.05(7) of the Madison General Ordinances to eliminate prohibition of smoking in certain public, non City-owned places.
Sponsors: Santiago Rosas, Jed Sanborn, Michael E. Verveer, Paul E. Skidmore
Attachments: 1. 01985 registration statement.pdf, 2. 01985 Registrations neither support nor oppose.pdf, 3. 01985 UW Comprehensive Canver Center exhibits.pdf, 4. 01985 Smokers Club Inc Data.pdf, 5. 01985 Wiggies Comparisons.pdf, 6. 01985 Buckeye Inn Testimony.pdf, 7. 01985 calls received by Debbie in Council Office.pdf, 8. 01985 calls received by Lisa in Council Office.pdf, 9. 01985 SmokeFree Wisconsin testimony.pdf, 10. 01985 Teresa Ryan testimony.pdf, 11. 01985 United Food & Commercial Workers memo.pdf, 12. 01985 Mass Dept of Public Health map.pdf, 13. 01985 EDC & Joint Board of Health joint statement.pdf, 14. 01985 Shannon Winburne testimony.pdf, 15. 01985 Jill McCormick letter.pdf, 16. 01985 Paul Grindrod testimony.pdf, 17. 01985 Relative Risk Comparison.pdf, 18. 01985 Registrations in Opposition.pdf, 19. 01985 Registrations in Support 1.pdf, 20. 01985 Registrations in Support 2.pdf
Fiscal Note
No additional appropriation is required. There is no anticipated impact upon cost controls or the tax levy.
Title
Amending Sections 23.05(1) and 23.05(3)(c), repealing Sections 23.05(3)(s), (t) & (u) and amending Section 23.05(7) of the Madison General Ordinances to eliminate prohibition of smoking in certain public, non City-owned places.
Body
DRAFTER'S ANALYSIS: This ordinance reverses the broad smoking ban made by Ord. 13,604 (adopted 4-20-04) which became effective July 1, 2005. It makes no revisions to the provisions of that ordinance which added regulation of smoking on City-owned properties such as Madison Police Department interview rooms and park shelters, but restores the exceptions for privately-owned meeting and conference rooms, taverns, and full service bar areas which that ordinance removed, as well as eliminating the smoking restrictions on common areas in bed and breakfast establishments, hotels and motels, which Ord. 13,604 created. The ordinance also makes permanent the exception for a separately-ventilated smoking room in a restaurant, by deleting the sunset clause which would repeal that exception in January, 2006.
The ordinance also makes changes to several definitions which were established by Ord. 13,604, deleting the definition for "bed and breakfast establishment", a facility which is no longer referenced in Section 23.05, restoring the previous definitions for "full service bar", "full service bar area", and "private club", and eliminating "bowling centers" from the definition of sports arenas and thus from the smoking ban.
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The Common Council of the City of Madison do hereby ordain as follows:

1. Subsection (1) entitled "Definitions" of Section 23.05 entitled "Smoking Prohibited in Certain Areas" of the Madison General Ordinances is amended by adding, deleting or amending therein the following:

"Bed and breakfast establis...

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