Supervisors amend and continue smoke-free ordinance after objections from business stakeholders

The Board of Supervisors on Tuesday considered an ordinance to expand smoke-free protections across San Francisco, including some outdoor and multiunit residential spaces, outdoor dining areas and all bars. Supervisor Marr presented the ordinance and a set of late amendments; after debate the board adopted the amendments but voted to continue the item one week to allow wider public review.

Supervisor Marr said the ordinance would update Article 19F of the San Francisco Health Code to reflect new scientific guidance and expand protections for residents, workers and visitors. The proposed changes would add prohibited smoking in some common areas of apartment buildings and single-room-occupancy hotels, farmers' markets, outdoor dining areas where food is served, queuing areas (ticket lines, ATMs, cab stands), building entrances and covered semi-enclosed areas, and would extend coverage to bars and charity bingo establishments.

Marr offered a set of amendments that included: clarifying the definition of "semi-enclosed" areas (correcting a drafting error on dimensional language), allowing side patios in the outdoor-patio definition, giving owner-operated bars in mixed-use buildings up to two years to relocate to commercial space (with some flexibility to the Department of Public Health), allowing applicants denied semi-enclosed smoking rooms the chance to make structural changes to comply, enabling transfer of approved semi-enclosed-room privileges when ownership changes under an aggregate 50% threshold, removing the requirement for signage in every hotel room when the hotel is 100% smoke-free, and a preemption clarification that the city will enforce local rules only to the extent state law does not regulate the conduct.

Supervisor Ellsberg and others asked for a short continuation to allow the Small Business Commission and other stakeholders time to review the newly circulated amendments; multiple supervisors supported a one-week delay so the public and small businesses could see the final text. Supervisor Avalos and several others said they supported the ordinance and urged favoring swift action on public-health protections, but ultimately the board voted to continue the item to next week so the amendments and any further suggested edits could be circulated and vetted.

The board's action: the amended ordinance was adopted as amended for circulation but the item was continued for one week to allow further public review and to return with the amendments formally before final passage.