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419 Mr. Brandes indicated that he had no problem with the staff's recommendation. He added that realistically, the mall should have two smoking rooms. Mr. Tarver stated that staff recommended that smoking be allowed in the common areas except in the seating areas which is designated as non-smoking. He suggested that the recommendation be reversed so that no smoking would be allowed in the common areas except in designated seating areas. Ms. Mohr commented that the Staff Report indicated that the common areas are considered public places and could not be designated as non-smoking areas. It was moved by Mr. Brandes, and seconded by Ms. Mohr, to amend Chapter 9.24 of the Pleasanton Municipal Code exempting shopping malls' common areas except seating areas from the Smoking Ordinance, as set forth in the Staff Report. The roll call vote was as follows: AYES: Councilmembers Brandes and Mohr NOES: Councilmember Tarver and Mayor Mercer ABSENT: Councilmember Butler ABSTAIN: None The motion failed. Ms. Mohr pointed out that the Staff Report indicated that it would be difficult to enforce no smoking in the common areas. She stated that it would be inappropriate to put something in the Code that could not be enforced unless a mechanism is included to ensure that it would be complied with. Mr. ~4ercer commented that restaurant managers enforce the ordinance against smoking in restaurants. It was moved by Mr. Mercer, and seconded by Mr. Tarver, that Ordinance No. 1479 be introduced, to be read by title only and waiving further reading thereof, amending Chapter 9.24 of the Pleasanton Municipal Code to prohibit smoking in shopping mall common areas, and that smoking in the mall be allowed in separate enclosed rooms to be provided by the mall management. The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr, Tarver and Mayor Mercer NOES: None ABSENT: Councilmember Butler ABSTAIN: None :~-7-90 - 27 -