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380 PUBLIC HEARING JULY 13, 1983 RE: NON-SMOKING SECTIONS in restaurants "CLEAN AIR ACT" The Lexington Board of Health held a public hearing on July 13, 1983 in Esta - brook Hall (lower Cary Hall) in regard to "proposed no smoking regulations". Members present were: James W. Lambie, Chairman; Linda Roemer, Ph.D., Michael S. Erdos, M.D., Deborah J. Motyka, Health Sanitarian/Intern and George A. Smith, Director of Public Health. Attending this public hearing were representatives from: Sheraton -Lexington Motor Inn, Raytheon Executive Building Cafeteria, Chadwick's, W. R. Grace Co., Yangtze River Restaurant, Itek Corporation, Arty's Restaurant and Mario's Restau- rant. Several residents, including the people that had put the article into the warrant for Town Meeting, were also in attendance. Mr. Lambie opened the hearing by stating that Town Meeting had passed this By -Law and it comes under the jurisdiction of the Board of Health to draw up a proposal of "No Smoking" regulations to be implemented with restaurants that have 50 seats or more. He explained the Board was having this public hearing to get comments from anyone involved before before the regulations were adopted. A copy of the proposed regulations were passed out to everyone in attendance. Mr. Lambie explained that the Attorney General must approve these regulations and this should be completed and approved by the Fall. The restaurant owners were confused as to who would enforce this. The Board said the managers of the restaurants would have to speak to the customers if they were smoking in a non-smoking section. Ask them to refrain from smoking or move to a smoking section. Some restaurant or cafeteria managers would like to change the percent of seats that they would have to set aside. Dr. Roemer said 25% is a very slight amount of seats. She also said again that the manager should be the one to ask the person to put out the cigarette or move to a smoking section. The manager at Mario's said their restaurant is a very open dining room. He wondered if he could get a variance. Dr. Erdos said 12 seats should be set aside for non-smokers, others would have to wait. The Board stated that on the basic requirement, it would be unlikely that they would give a variance. Robin Ong, Manager of the Yangtze River Restaurant was confused as to who would police his restaurant. 1