COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 15, 2010 1:35 a.m. - - - PRESENT: COUNCILWOMAN MARIAN B. TASCO COUNCILMAN DARRELL L. CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER BILL 100185 - An ordinance amending Section 10-602 of The Philadelphia Code, known as the "Clean Indoor Air Worker Protection Law," by providing a limited period of time, expiring June 30, 2010, during which a Private Club, as defined, may apply for and obtain a waiver... - - - 2
The Committee on Public Health and Human Services will come to order. Let me note that we have a quorum in the presence of Councilwoman Miller, Councilman Goode and Councilman Clarke, who is the Majority Whip and has been appointed by Councilwoman Verna to sit at this hearing. Would the Clerk please read the bill.
Bill No. 100185, amending Section 10-602 of The Philadelphia Code, known as the "Clean Indoor Air Worker Protection Law," by providing a limited period of time, expiring June 30, 2010, during which a Private Club, as defined, may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions.
Thank you. Is there anyone here to testify 3 4/15/10- PUBLIC HEALTH - BILL 100185 on this bill from the Administration? (Witness approached witness table.)
Good afternoon, Councilwoman Tasco and members of the Committee on Public Health and Human Services. My name is Dr. Palak Raval-Nelson. I'm the Director of Environmental Health Services, and I am here today to present the testimony on behalf of Dr. Donald Schwarz, the Commissioner of the Health Department, who is out of town today.
Thank you for this opportunity to present testimony today on Bill No. 100185, which was introduced by Council President Verna. The bill would amend the Section 10-602 of The Philadelphia Code, known as the "Clean Air Worker Protection Law," by providing a limited period of time, 4 4/15/10- PUBLIC HEALTH - BILL 100185 expiring June 30, 2010, during which a Private Club, as defined, may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions. On September 14, 2006, Mayor Street signed then-Councilman Nutter's Bill No. 050063-A, which established a broad ban on smoking in work and public places in Philadelphia. The intent of the bill was to protect not only the customers who may patronize the eating and drinking establishments and other public locations, but also to protect the employees that work at the establishments who would be exposed to the second-hand smoke. The health effects of second-hand smoke are significant, well documented, and it should be noted these health effects can cost billions of dollars annually in healthcare. There was a waiver process that was put in place for a limited time period after the original 5 4/15/10- PUBLIC HEALTH - BILL 100185 ordinance was signed to allow Private Clubs, based on the nature of their operation, to apply for a waiver. The timeframe for submitting a waiver has since passed. The purpose of the amendment to Section 10-602 of The Philadelphia Code proposed in this bill is to provide an additional limited time period for Private Clubs to obtain a waiver to allow smoking in their establishments. The Department of Public Health presents no 14 objection to this amendment going forward, provided that, as stated in the bill, the period of time for a waiver application expires June 30, 2010, the Private Club is in legal operation and has a valid certificate of occupancy and business privilege license at the time it applies for the waiver, and that the Private Club submits with its waiver request a document signed by at least two-thirds of the employees of the club indicating their approval of the waiver 6 4/15/10- PUBLIC HEALTH - BILL 100185 request. Thank you for allowing me to present the testimony on this important issue.
Thank you very much. Are there any questions from members of the Committee? (No response.)
Ms. Susan Garrity. (Witness approached witness table.)
Good afternoon. I'm Susan Garrity and I appreciate the opportunity to speak before City Council this afternoon in support of the ordinance that is before you requesting the granting of an exemption on behalf of the Vesper Club to the smoking ban 7 4/15/10- PUBLIC HEALTH - BILL 100185 prohibition. Members of Council, as to my background, I have been an employee of the Vesper Club for years and I have 6 been a member for at least ten of those 7 23. Briefly, I would like to tell you a 8 little bit about the history of the Club 9 and in its place the history of -- and 10 its place in the history of Philadelphia. 11 The Club was chartered in 1904, 12 making it over 100 years old, and it was 13 initially chartered as "The Vesper New 14 Year Association." Our Club has been in 15 its current location on Sydenham Street 16 in Center City since 1941, and we have 17 operated continuously in that location 18 since then. Our members have and still 19 do come from a cross section of 20 Philadelphia. This ordinance will help 21 the Vesper Club remain viable and remain 22 what it is today, a Philadelphia 23 institution. The Vesper Club has in the past, and also continues to this day, to 8 4/15/10- PUBLIC HEALTH - BILL 100185 provide its members with a positive cultural experience. Unfortunately, the Club did not take advantage of the exception when it was initially offered, and we appreciate this opportunity. Consistent with the requirements of the ordinance, all employees of the Vesper Club have signed a letter evidencing their support for the exemption, and I would like to hand up at the conclusion of my testimony a copy of this document, along with a written copy of my remarks. In addition, please be advised that we have scheduled a meeting of the Vesper Club membership, and the meeting is scheduled for April 22nd, 2010 at 5 o'clock. Feedback so far from the membership with respect to the position on the request of the exemption has been overwhelming in favor of the request. At the conclusion of the April 22nd membership meeting, should there be a need to supplement this record, we would 9 4/15/10- PUBLIC HEALTH - BILL 100185 like to have the opportunity to do so. While my remarks here today are short, the need for this exemption in order to maintain our viability in the Philadelphia community as a private club is great. Both the employees of the Vesper Club as well as its members are in support of the request for the exemption from the prohibition allowing us to allow smoking in the bar area only, segregated from the dining area. Thank you very much for your kind attention, and I stand ready to answer any questions that you might have for me at this time.
Thank you very much for your testimony. Any comments or questions from the Committee? (No response.)
We certainly thank you for coming to testify. I think once we go through this process, if you can communicate with 10 4/15/10- PUBLIC HEALTH - BILL 100185 Councilwoman Verna if she thinks you need to submit additional information. She's the sponsor of this bill.
Is there anyone else here to testify on this bill? (No response.)
There being no one else to testify on this bill, we will now adjourn our public hearing and go into our public meeting. The Chair recognizes Councilwoman Miller for a motion to move the bill.
Thank you, Madam Chair. I move that Bill No. 19 100185 be reported out of this Committee with a favorable recommendation and further move that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
It has 11 4/15/10- PUBLIC HEALTH - BILL 100185 been moved that Bill No. 100185 be reported out of Committee with a favorable recommendation and that the rules of Council be suspended so that this bill will have its first reading at Council's next session. All in favor will say aye. (Aye.)
There being none, the vote is carried. Thank you very much. Any other business? (No response.)
None. This meeting is adjourned. (Committee on Public Health and Human Services concluded at 1:45 p.m.) - - - 12 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on April 15, 2010, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)