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399 Mr. Tarver stated that there is a need to regulate smoking in local jurisdictions, particularly because the State supports the tobacco industry. He indicated that it was time to strengthen the City's smoking ordinance and restrict vending machines to adult establishments which are not accessible to minors. He added that smoking should be prohibited in hotels, restaurants and bars and that free give-aways of addictive substances, such as tobacco, should be banned in Pleasanton. Ms. Mohr asked Staff what the nature of regular complaints about smoking in work places was and how the current smoking ordinance is enforced. Mr. Roush replied that the City gets an average of two to three complaints a month, usually from persons working in an office with established smoking areas but where the smoke seeps into the rooms through the doors or the building's ventilation system. He noted that most of the time, complainants only inquire about their rights because they are intimidated by the violator who is oftentimes a supervisor. He continued that the enforcement of the ordinance takes the form of a letter to the employers or place of business indicating that the City has received a complaint, reminding them of the City's smoking ordinance, and requesting them to take appropriate steps to ensure that non-smokers' rights get preference. He added that complainants are asked to call back if there is no change in the condition within a reasonable period of time, and the City then sends out a Code Enforcement Officer to do some further investigations. Ms. Mohr agreed with Mr. Tarver with respect to restricting vending machines but indicated that she had some reservations about a total smoking ban. Mr. Mercer concurred that vending machines should be removed from restaurants and restricted to adult areas such as bars. He also agreed with Mr. Tarver's idea regarding a ban on free give- aways. He indicated, however, that he was not prepared at this point to ban smoking entirely in the community because the number of smokers is decreasing, and smoking in public is no longer the problem it used to be. Ms. Scribner stated that she was in favor of restricting vending machines to places accessible only to adults and agreed with Mr. Mercer that fewer people smoke in public. She added that most smokers are courteous and would either stop smoking or step out of the room when requested. She indicated that she could consider banning smoking in work places but not in bars and restaurants. - 12 - 8-20-91