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113 NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE COUNCIL WILL BE HELD ON Tuesday, April 19, 1988 AT 7:30 p.m. IN THE Basement Conference Room THE PROPOSED AGENDA IS AS FOLLOWS: Work session on proposed ordinance restricting smoking in public places Executive session to discuss legal matters as exempted bY Section 2.1-344(a)(6) of the Virginia Freedom of Information Act BY ORDER OF THE MAYOR BY Jeanne Cox (signed) BASEMENT CONFERENCE ROOM Council met in special session on this date with the following members present: Mr. Barnes, Mr. Buck, Mrs. Gleason, Mr. Towe. Absent: Dr. Hall. Mr. Buck stated that a public hearing will be held after Council makes recommendations with regard to the proposed ordinance restricting smoking in public places. Mr. David Toscano, Chairman of the Social Development Commission, stated that the SDC felt that government has a legitimate role in governing public health and recommended that smoking be regulated, especially in places where people are forced to be. Mr. Toscano stated that the SDC also recommended that child care centers be included in the restricted areas and that private workplaces be encouraged to develop their own smoking restriction policies prior'to being included in the ordinance. Mr. Toscano stated that the SDC felt that it was very important for restaurants to display signs which show their smoking policy. Mr. Clyde Gouldman, City Attorney, recommended that Council adopt an ordinance which can realistically be enforced. It was agreed that specific locations would be discussed, with Council voting tentatively on provisions of the ordinance. Restricting smoking in restaurants was discussed and a survey which had been conducted by the University of Virginia School of Nursing revealed that only 40% of restaurants in Charlottesville have a seating capacity of 75 or more. Mr. Buck stated that he felt people can make a choice megarding restaurants, and questioned the reasonableness of exempting smaller restaurants. Mrs. Gleason made a motion to not regulate restaurants, but to require signage to indicate the restaurant's smoking policy. Mr. Barnes seconded the motion. The motion was defeated by the following vote. Ayes: Mrs. Gleason. Noes: Mr. Barnes, Mr. Buck, Mr. Towe. Mr. Buck made a motion to not regulate restaurants and to not require signage. Mr. Barnes seconded the motion. The motion was defeated by the following vote. Ayes: Mr. Buck. Noes: Mr. Barnes, Mrs. Gleason, Mr. Towe. Mr. Barnes made a motion to require restaurants with a seating capacity of 75 of more to set aside a minimum of 20% of the area as no smoking, and to require the display of signs regarding the restaurant's smoking policy. Mr. Towe seconded the motion and it was approved by the following vote. Ayes: Mr. Barnes, Mrs. Gleason, Mr. Towe. Noes: Mr.