4/25/1996 BOARD OF HEALTH Minutes

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MINUTES April 25, 1996 3 BOARD OF ILS' Mr. Ball motioned to approve the variance request based on a financial hardship with the stipulation the owner agrees to pump the system every three years and the existing garbage grinder is to be removed Mr. Doherty seconded. Mr. Cram opposed. APPOINTMENT: Adam Smith - "Zuni Cafe" Mr. &Mrs. Adam Smith were in attendance for this scheduled appointment. Mr. Smith stated, "I am proposing to open a new restaurant in Mashpee Commons where the old True Value used to be.301) 46I was unaware there is a smoking regulation which prohibits smoking in all new restaurants." "'The front door will be located to the side of the building. , "'Tbe kitchen is located approximately 60' away from the smoking area." Mr. Doherty questioned Mr. Smith, "Is smoking that important to your business`" Mr. Smith responded, "'It's vital, sir," "It would be a tremendous hardship for my " �� product and a very good one."' "It is offered � busyness without rt. what � offer �s a Food � � to everybody it is not exclusive to some people. "It would be exclusive of cigarette smoker's if I were to adhere to your regulations." `'This creates for ane a very unfair environment." "It's ah ost a harrier to the free market." "I m restricted to compete.J7 Mr. Doherty explained to Mr. Smith, "We put the clause in the regulation, "never restaurants" because with economic savings in mind we didn't want you to have to spend all this money knowing that all restaurants eventually will go smoke free." "'Unfortunately, we have not moved forward as much as we would have liked towards that goal but at the .time we had envisioned probably a three or four year plan where all restaurants would be smoke free.' "Because we have not moved forward, you shove us a plan that provides for the protection of you non-smoking patrons, provides for the protection of your waitstaff'and provides for protection of the food product and we will consider a variance."' Mr. Ball questioned, "How big will the smoking area e?" Mr. Smith responded, "Approximately 25 seats." "We are installing a smoke containment system from dean Air Systems." "We will isolate the smoking area and bar from the non-smoking area.' "I am requesting the Board continue this matter in order that I may present the Board with plans of the interior." Mr.. Ball motioned to continue this matter, Mr. Cram seconded, all agreed.