The Columbus City Council Tuesday is scheduled to consider a city-wide smoking ordinance which includes options for non-smokers and smokers.

The proposed ordinance, which largely is modeled after a Tennessee state law, bans smoking in “all enclosed public places,” including restaurants.

But it allows smoking in “age-restricted venues,” or bars, restaurants and other establishments, which only allow people age 21 or over to enter, and “private clubs,” which restrict access to the general public.

“I just think it’s the right thing to do,” Ward 3 Councilman Charlie Box said of the ordinance, which he proposed. “Secondhand smoke is one of the most dangerous things in the world. There’s just study, after study, after study on that.

“Cities all over the country have done it and been effective,” he continued. “I think this is a way for us to be progressive and step up to the table and do the right thing. I’m hoping it comes to a vote.”

On Thursday, half of the city’s councilmen had yet to read and decide about the ordinance.

But the other half spoke in support of a smoking ordinance.

“At this time, I’m not prepared to make a decision on that,” said Ward 1 Councilman Gene Taylor. “We all have to sit down and look at the different options we’ll come up with.”

“I haven’t decided,” said Ward 4 Councilman Fred Stewart. “I haven’t read (the ordinance). I need to read it and see what it’s all about.”

“I really hadn’t had a chance to read the proposed ordinance,” said Ward 5 Councilman Kabir Karriem, noting his family’s restaurant, Helen’s Kitchen, already prohibits smoking. I have to read to see what’s in the proposed ordinance, before I can comment on it one way or the other.”

“I’m against smoking in public restaurants,” said Ward 2 Councilman Joseph Mickens. “I’m pleased it’s coming up. I think it’s way past due. I know some don’t think it’s going to help, but with the shape we’re in now in this country, we need to protect ourselves any way we can.”

“I’m going to plan on voting for it,” said Ward 6 Councilman Bill Gavin, noting he expects the ordinance to be passed by the council. “It gives restaurants an option to do smoking or non-smoking. They will have an option. I like that part of it.

“I like the portion of having a non-smoking option to protect the young people,” he continued. “I think probably the city is split 50/50 of people that want smoking and people that want non-smoking. I think this will give (business owners) an option of what they want to do with their business.”

As written, the proposed ordinance allows businesses with three or fewer employees to designate enclosed smoking rooms, inaccessible to the general public.

Additionally, exemptions are provided for “non-enclosed areas of public places, including, open-air patios, porches or decks.”

If the council approves the ordinance Tuesday night, the ordinance wouldn’t go into effect until Dec. 22 or later.

If approved, the council could not take final action on the ordinance for at least 30 days.

Proposed ordinance

AN ORDINANCE OF THE CITY OF COLUMBUS, MISSISSIPPI, ENACTING AN ORDINANCE

NON-SMOKER PROTECTION ACT

WHEREAS, scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; and

WHEREAS, such scientific studies, including studies by the Surgeon General of the United States, have shown that breathing secondhand smoke poses a significant health hazard; and

WHEREAS, the Mayor and the City Council find and declare that the purposes of this ordinance are to protect the public health and to promote the general welfare of its citizens by prohibiting smoking in public places and places of employment; and

WHEREAS, the Mayor and the City Council find it in the best interest of the public health and welfare to provide a copy of the Smoking Ban Ordinance;

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF COLUMBUS, MISSISSIPPI:

1. Short Title.

This Ordinance shall be known and may be cited as the “Columbus, Mississippi Non-Smoker Protection Act”.

2. Definitions.

As used in this part, unless the context requires otherwise:

(1) “Acceptable form of identification” means:

(A) A state-issued driver license;

(B) A state-issued identification card;

(C) A valid passport; or

(D) A valid military identification card;

(2) “Age-restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to such buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;

(3) “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers such person’s services for a non-profit entity; and

(4) “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or non-profit entity that employs the services of one (1) or more individual persons;

(5) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to ceiling;

(6) “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities;

(7) “Person” means an individual, partnership, committee, association, corporation or any other organization or group of persons;

(8) “Place of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility;

(9) “Private club” means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria:

(A) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors;

(B) Limit access and use of facilities, services and activities of the organization to members and guests of the members;

(C) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and

(D) Advertise exclusively and only to its members, excluding membership drives;

“Private club” also means any institution or organization that has received a determination of exemption from the Internal Revenue Service under United States Code 26 U.S.C. § 501(c)(19);

(10) “Public place” means an enclosed area to which the public is invited including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms;

(11) “Restaurant” means an eating establishment,

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