03/31/1994 BOARD OF HEALTH Minutes

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MINUTES March 31 , 1994 4 BOARD OF HEALTH Mr. Evans stated, "At the Board's request a regulation has been developed regarding smoking in public places within the town. " "I met with the Chamber of Commerce specifically, the restaurant owners which resulted in the draft smoking regulation presented this evening." "This regulation was in- tended to separate nonsmokers from smokers. " Mr. Mitrokostas stated, "There was a good turnout of restaurant owners at the meeting. " "We were grateful, as restaurant owners, to have a say in the matter. " "We made recommendations which accommodate both restaurant owners and patrons. " Discussion took place regarding a possible amendment to the draft regulation which would include a smoking ban in all restaurants by 1995. Mr. Doherty was favorable to the 1995 ban, Mr. Ball was opposed at this time. Mr. Contos commented, "We may have to start looking at questions of legal liability if such standards are not adopted. " "I begin to assume that if smoke-free is the com- munity standard for prevention of smoking related illnesses and the community does not adhere to that type of standard, because it has chosen not to, there may be a liability ques- tion. " "The County is working toward uniform adoption of a smoke-free regulation which would go from Wareham to Provincetown to Nantucket." "This may be a potent argument for the Board's reconsideration of the current regulations. " Mr. Evans explained, "Our proposal is to enforce these regulations once passed by hearing complaints and responding. " "We are not going to tap someone on the shoul- der and tell them to put the cigarette out. " "In my opinion, that is not the way to approach it. " Mr. Doherty stated, "In terms of Community, State or Na- tional standards, when it exists we will obviously adopt it. " "This is a start for us. " "I can envision many changes." Mr. Mitrokostas stated, "We have talked about giving it six months and seeing how it goes. " "If we have a lot of complaints then obviously it must be fine tuned. " "Basically we are taking the self-governing approach and seeing how it goes. " "We do have the luxury of being a smaller town so we have a good control on it. " Mr. Waterbury commented, "We would strongly encourage the Board to insert the 1995 ban. " "I think everyone is com- fortable with the fact that this is coming down the line in a progressive way. " "I think the Board's first step is fine, as long as, one can see that a year from now the next step is coming. "