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Regular Meeting November 4, 2002 184. Page 7 Mayor Habingreither introduced a discussion regarding revision to City smoking regulations. 1) Johnny Finch stated he has lived in San Marcos since 1970 and served in the Vietnam War. He stated he has been in the Bar business since 1976 and feels smoking is a personal choice. He feels a smoking ban would have a devastating economic impact on local businesses. 2) George Gilbert, owner of Sunset Bowling Lanes, stated the Council received a letter tonight from him regarding this discussion. He stated he has spoken to some businesses in New Braunfels who lost business after New Braunfels adopted their smoking Ordinance. He stated if citizens of San Marcos want no smoking, he would try to have special days and events for nonsmokers. He also stated he does not feel he can survive in business if the Council adopts a strengthened smoking Ordinance. 3) Grant Jacobs stated he has seen an impact study from the City of Mason showing a decline in business after their smoking Ordinance was adopted. He stated he feels this issue is not a health issue, but a choice issue. 4) Ivan Gunnarson, owner of Gunnarson Outdoor and River Pub and Grill, feels the Council should leave the Ordinance alone. Mr. Mayhew stated he supports revising the Ordinance to ban smoking in public places and feels second-hand smoke is a public issue. He is in support of exempting stand-alone bars and tobacco shops like New Braunfels did. Mr. Mihalkanin inquired about the comparison of New Braunfels' Ordinance in the Comparison of Municipal Smoking Regulations table the City Attorney has provided for the Council. Mr. Mark Taylor stated our current Ordinance permits business owners to permit smoking areas and New Braunfels' Ordinance requires being a Clean Air Ordinance. Mayor Habingreither stated he is not in favor of imposing on people's freedoms. He stated he is also concerned with the reduction of business and feels the owners should have the right to choose. Ms. Narvaiz stated she understands the public health issue. She stated some businesses have discussed a possible phase-in. She also supports making exception for some businesses. She inquired how the City could address the phase-in approach. Mr. Mark Taylor stated the Council needs to identify where they want to make exceptions. Austin has distinct phase-in times. He stated he can draft an Ordinance with the same type of phase-ins, but Council would need to go through provisions and determine their needs by consensus. Mr. Taylor stated he feels this is a public health issue as well as the business owners' fundamental right to choice. He stated he is concerned with any reduction in business when the economy is bad and could put a business owner out of business. Ms. Tatum stated she understands this is a public health issue, but is also struggling with if a government body should chose whether or not a business owner should allow smoking or not. Ms. Narvaiz stated this was a tough issue. She stated she is looking at the employees who work and have to breathe smoke. She feels it is important to continue the discussion. Mr. Montoya stated he is in favor of the smoking ban and feels the Ordinance should be stricter. He also stated he understands both sides of the issue and thinks Council should make some modifications, but Council needs to be careful about the impart on business. Mr. Mihalkanin stated when Council passed the Ordinance which is in existence now, there were concerns then about indoor grilling of meat creating more Carcinogens than smoke. He stated he does not see the need