Council tackles tough tobacco issue

Tuesday, July 18, 2017
Dr. Jason Meisenheimer addresses the Nevada City Council Tuesday at the council chambers with concerns over a proposed smoking ordinance.
Nick Wright

Several people showed up for the Nevada City Council meeting Tuesday to show support and express concerns about a proposed smoking ordinance under consideration.

Representatives from local vape stores were seeking an exemption for their stores because sampling of their products is a large part of the service they offer and a ban on indoor use would negatively affect those businesses.

Dr. Jason Meisenheimer, Mike Thompson and Don Adams were present to represent the private clubs in town.

Meisenheimer as a member of the ELKS Lodge told the council how their decision to go smoke-free has caused a rift among the membership and caused a significant financial impact.

“What’s happened is that our smoking members have migrated to other smoking establishments here in town,” he said. He explained they have been trying to resolve the rift by providing smokers protection from the elements but that the ordinance would not allow them to do that.

Thompson, president of the Nevada Country Club, reported he has several members very concerned about the ordinance.

“Almost all private country clubs are exempt from smoking bans in almost all cities and states,” Thompson said. “There are very few exceptions to that.”

He said they couldn’t allow what happened to the ELKS to happen to their club.

Adams, representing the American Legion, explained how the club has separate smoking and non-smoking areas with completely separate heating and cooling. He emphasized the club does not allow anyone under 21 years of age inside the establishment.

“The ELKS was hurt desperately by their non-smoking … I think it would really hurt the American Legion,” he said.

He reminded the council no one is forced to come inside, they were free to turn around and leave if they didn’t want to be around the smoke.

Aaron Rhodes, chairperson of the City of Nevada Employee Relations Committee, told the council that committee members have been approached by several city employees concerned about the ordinance’s prohibiting of smoking on any city-owned property.

“So now our employees will be expected to either spend time getting from their work environment to their cars or off the property … in order to smoke,” he said. “This will severely impact their break times.” Some employees going so far as to say they would be forced to find other employment.

“This would be detrimental to the operation of some of our facilities with the quantity and quality of the staff knowledge that would potentially leave,” he said. “Our employees would like to ask the city council to reconsider the smoking ban on all city property … by allowing a designated smoking area around the building they work,” he said.

Kelly Ast rounded out the list of speakers. “Tonight I want to address the council on one voice that has not been heard this evening and that’s the voice of our youth,” she said.

“This is about progressive health policy. Progressive health policy will advocate for our youth. And the youth are the future of our community,” she said. “If we want to be a community that stays sustainable, that has a healthy work-force, that’s an environment we want to raise our kids in … we need to think about smoke-free in public areas.”

Council person Jayne Novak led off the council discussion expressing disappointment in that she had about 15 people call her expressing support for the ordinance but none of whom showed up to speak about it.

Mayor Brian Leonard wanted to emphasize the ordinance is not out to hurt any of the clubs. “In my eyes, I look at this ordinance as more of a … better for the community,” he said.

Novak moved to amend the ordinance to exempt private clubs as well as businesses who earn more than 75 percent of their revenue from tobacco or tobacco-related products and to change the provisions concerning city-owned property to include structures only and Ryan Watts seconded. The council then voted on the first reading of the amended ordinance with Councilperson Blake Hertzberg voting “no.”

In other business, the council voted to pass on second reading Bill No. 2017-034 amending Chapter 2 of the Code of the City of Nevada. As well as the second reading of Bill No. 2017-032 accepting the bid for City Hall window replacement.

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