SALEM NEWS ARTICLE-CHAMBER ON PROPOSED SMOKING REGS e
'$iambLr pleads for delay
of vote on smoking regs
By J.K. DINEEN of restaurants to be nonsmoking.
News staff The Board of Health is expected to
take up the issue at its next
SALEM—The Salem Chamber meeting,Dec. 14.
of Commerce is asking the Board Restaurant owners have argued
of Health for a six-month delay on for variances and urged consider-
a controversial vote on stricter ation for small establishments
smoking regulations in restau- that have been here for years.
rants and bars. Jennifer Reardon, owner of In A
Worried that the new regula- Pig's Eye on Derby Street, said
tions might hurt small business, the regulations need further defi-
last week the chamber board voted nition.
to ask the Board of Health to allow "Every restaurant needs to be
more time "to assure a full and looked at individually," said
fair debate on the proposed regula- Reardon, who recently quit
tion. smoking.She argued that it would
"It's a very busy time of year— be nearly impossible to separate
particularly for restaurants," said the bar area from the dining area
Ellen DiGeronimo, director of the in her small restaurant—which
Chamber of Commerce. "There is in a historic building.She added
are some business issues we'd like that she would"lose quite a bit of
the restaurants to.have time to re- business"by banning smoking al-
solve." together.
Under the new regulations, "Financially, it would be an ex-
smoking would be prohibited in treme hardship,"she said.
the dining section of restaurants Reardon said she would be
by late winten'or early spring. willing to limit smoking to the
Smoking bars,)ktached to restau- hours when food is not served,
rants wouldr'be required to be from 3 to 6 p.m.and 10 to 12 p.m.
physically d fvided, with separate "It's all about compromise —
ventilation ystems, by Jan. 1, smokers have to give a little and
2001. nonsmokers have to give a little,"
Current rules require 60 percent she said.
ALL
N f
DEC 1 = 1999
S_ALEM_ CITY OF SALEM
CHA\[13ER of HEALTH DEPT.
C O N I n,l E,R C:G E
32 Derby Square, Salem, MA 01970-3777 • Telephone: 978.744.0004 • Fax: 978 745.3855
December 1, 1999
Mr. Leonard J. Milaszewski
Chairman
Salem Board of Health
9 North Street
Salem, MA 01970
Re: Board of Health Proposed #24 Smoking Regulation
Dear Chairman Milaszewski:
Thank you for the opportunity to speak at the Salem Board of Health Public Hearing on
Tuesday, November 9, 1999. As I stated, I was not advocating a position, as the Salem
Chamber of Commerce Board of Directors had not had the opportunity to discuss the
Draft Proposed Regulations.
On November 23, 1999 at the Salem Chamber of Commerce Board Meeting, the Board
of Directors addressed the Draft Proposed Regulations. I am enclosing the Official
Position of the Board of Directors taken at that meeting.
Thank you and the Salem Board of Health for you thoughtful consideration of request
form the Salem Chamber of Commerce Board of Directors.
17
uM ely,
�l
i
,E11en;M. DiGeronimo
�` Exe0tive Director
AMLs
SA:LEM
CHAMBER of
COMMERCE
� y
32 Derby Square,Salem,MA 01970-377 7•Telephone:508.744.0.004-Fax: 508.745385
November 30, 1999
At its November 23, 1999 Board of Directors meeting, the Salem Chamber of Commerce
Board of Directors voted to respectfully request the Salem Board of Health to extend the
time for comments and implementation of the proposed regulation prohibiting smoking in
dining areas of restaurants. The regulation would also restrict smoking to bar areas,
while requiring extensive interior renovations in many instances.
The Board, on behalf of its restaurant members, is requesting an extension of the
proposed timelines, so as to assure a full and fair debate_on the proposed regulation. This
is particularly important, as restaurants have just finished with the Halloween season and
are now in the midst of the Holiday season.
Salem is known for its variety and quality of restaurants, which add tremendously to our
local economy and quality of life. The proposed regulation will require many of these
restaurants to make some serious business decisions. An adequate opportunity for
Salem's restaurant industry to be able to study and comment on the proposed regulation
seems only fair.
Therefore, the Board of Directors for the Salem Chamber of Commerce requests an
extension of six months to the comment and implementation periods of the draft
Proposed Regulation.
November 16, 1999
Mr. Leonard Milaszewski
Chair u
Board of Health R1
9 North Street NOV 18 1999
Salem, MA 01970
CITY OF SALEM
HEALTH DEPT.
Dear Mr. Milaszewski:
I am writing to voice my support for smoke free dining in Salem.
As a schoolteacher in Salem, I feel strongly that adults have an obligation
to limit the opportunities that any of us, but particularly children, are
exposed to secondhand smoke. Further, I think it's important that we begin
to take action generally to limit children's contact with smoking and
smokers; if we say that we don't want children to get hoofed on tobacco,
then as adults we have to back up what we say with some changes
ourselves.
Finally, I can say that as a consumer ----- as a restaurant goer---- I
also have an interest in the proposed change. My husband and I frequently
dine in Salem, but we no longer stay in a restaurant when there are
smokers around us, and we don't even enter a restaurant if we know there
are probably smokers there. Cities and towns that do have smoking bans
have had no problem maintaining business in restaurants-- there are many
more of us who don't smoke, and don't`wanf`to be.a.round it;than do.
Sincerely,
Nancy: ((Meacham
33 Nl d Oesex.Ave..-
Swatnpseott�MA 41907
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NOV 2 - 1999
CITY OF SALEM
HEALTH DEPT.
November 1999
Mr. Leonard 1Viilaszewski, Chair
Salem Board of Health
9 North Street
Salem, MA 01970
Dear Mr. Milaszewski:
As a resident of Salem, I am writing to express my support for passing the proposed
regulations that would establish smoke free restaurants in Salem.
Tobacco smoke is a Class A carcinogen and contains at least 43 chemicals that are known
to cause cancer. Each year, over 53,000 people die because of exposure to secondhand smoke. I
believe that restaurants should not be places where families and employees are exposed to cancer
causing substances.
I encourage the Board of Health to move forward on the proposed regulations to protect
the health of all Salem residents. I thank you for your interest in my health, the health of my
family and the health of our community.
Sincerely,
G.
November 9, 1999
Mr. Leonard Milaszewski, Chair
Salem Board of Health
9 North Street
Salem,MA 01970
Dear Mr. Milaszewski:
As residents of Salem, We are writing to express our support for passing the
proposed regulations that would establish smoke free restaurants in Salem.
Secondhand smoke is particularly hazardous to children. Numerous research
studies indicate that infants and children who are exposed to secondhand smoke have
increased rates of lower respiratory tract infection such as pneumonia and bronchitis,
significantly more ear infections, more episodes of asthma and increased severity of
asthma symptoms, and greater risk of sudden infant death syndrome. Each year, over
53,000 people die because of exposure to secondhand smoke.
As members of the Hispanic community of Salem, we encourage the Board of
Health to move forward on the proposed regulations to protect the health of all Salem
residents. Here are 178 signatures from members of the Hispanic community in Salem
supporting this proposed regulations.
Sincerely,
Members of the Hispanic community in Salem
Enclosed:
Copy of flyer announcing hearing(Spanish)
"Why support smoke free restaurants?" (Spanish)
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November 9, 1999
To Whom It May Concern,
The reason we are writing and signing this letter is to express our support for passing the
proposed regulations that would establish smoke free restaurants in Salem. As Salem residents,
we believe one has the right to go to a restaurant without risking one's health. Smoking
cigarettes has proven to damage our health dramatically, whether by causing many different
types of cancer, emphysema or heart disease
Tobacco smoke is a Class A carcinogen and contains at least 43 chemicals that are known
to cause cancer.[Each year, over 53,000 people die because of exposure to secondhand smoke]
We believe that restaurants should not be places where families and employees are exposed to
cancer causing substances.
We are tired of walking into restaurants and feeling nauseated due to cigarette and
tobacco smoke and having our,clothes and hair smell. We hope that smoking in restaurants be
eliminated for the community's well being. Smoking brings a bad reputation for restaurants
from non-smokers. Restaurants that allow customers to smoke are stereotyped as dirty and foul
smelling.
The display of public smoking is also influencing our children to smoke and allowing
them to think that it is ok to smoke. Is this the message we want to send to the next generation?
Our greatest concern is the health of our community; therefore, what we ask from you is to
support passing the proposed regulations that would establish smoke free restaurants in Salem.
Name phone number address zip code
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November 9, 1999
To Whom It May Concern,
The reason we are writing and signing this letter is to express our support for passing the
proposed regulations that would establish smoke free restaurants in Salem. As Salem residents,
we believe one has the right to go to a restaurant without risking one's health. Smoking
cigarettes has proven to damage our health dramatically, whether by causing many different
types of cancer, emphysema or heart disease.
Tobacco smoke is a Class A carcinogen and contains at least 43 chemicals that are known
to cause cancer. Each year, over 53,000 people die because of exposure to secondhand smoke.
We believe that restaurants should not be places where families and employees are exposed to
cancer causing substances.
We are tired of walking into restaurants and feeling nauseated due to cigarette and
tobacco smoke and having our clothes and hair smell. We hope that smoking in restaurants be
eliminated for the community's well being. Smoking brings a bad reputation for restaurants
from non-smokers. Restaurants that allow customers to smoke are stereotyped as dirty and foul
smelling.
The display of public smoking is also influencing our children to smoke and allowing
them to think that it is ok to smoke. Is this the message we want to send to the next generation?
Our greatest concern is the health of our community; therefore, what we ask from you is to
support passing the proposed regulations that would establish smoke free restaurants in Salem.
Name phone number address zip code
1� ol
1-3 1� 1
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November 9, 1999
To Whom It May Concern,
The reason we are writing and signing this letter is to express our support for passing the
proposed regulations that would establish smoke free restaurants in Salem. As Salem residents,
we believe one has the right to go to a restaurant without risking one's health. Smoking
cigarettes has proven to damage our health dramatically, whether by causing many different
types of cancer, emphysema or heart disease.
Tobacco smoke is a Class A carcinogen and contains at least 43 chemicals that are known
to cause cancer. Each year,over 53,000 people die because of exposure to secondhand smoke.
We believe that restaurants should not be places where families and employees are exposed to
cancer causing substances.
We are tired of walking into restaurants and feeling nauseated due to cigarette and
tobacco smoke and having our clothes and hair smell. We hope that smoking in restaurants be
eliminated for the community's well being. Smoking brings a bad reputation for restaurants
from non-smokers. Restaurants that allow customers to smoke are stereotyped as dirty and foul
smelling.
The display of public smoking is also influencing our children to smoke and allowing
them to think that it is ok to smoke. Is this the message we want to send to the next generation?
Our greatest concern is the health of our community; therefore, what we ask from you is to
support passing the proposed regulations that would establish smoke free restaurants in Salem.
Name phone number address zip code
�i 1C e --ill- o1 t)(� '�� S P 15 TO
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ASTHMA &ALLERGY FOUNDATION OFAMERICA
New England Chapter,'220 Boylston St., Chestnut Hill, MA 02467— (617)965-7771 —FAX(617)965-8886
e-mail:aafane@aol.com
EXECUTIVE DIRECTOR November 4;-4999 [Please read-into the record at public hearing on
Patricia G. Goldman 1119199J': n
PRESIDENT
Frank Twarog, M.D., PhD. Leonard Milaszewski,Zhair: FAXED:TO:`(978)740-9705
VICE-PRESIDENTS Salem Board of Health NOV 9 - 1999
Hon. Gordon Martin, Jr. 9 North Street
Hon. Paul McGill Sale MA 01970
CITY OF SALEM
CLERK HEALTH DEPT
Barbara Glazerman
Dear Mr. Milaszewski and Members of the Board of Health:
TREASURER
Jeffrey Swersky, CPA
As a health;educator for the Asthma&Allergy Foundation of America,New
BOARD OF DIRECTORS England Chapter, I urge you to pass regulations that will protect the public from
Anne Bilodeau, R.N.
Mariclaire Buckley, R.N. second-hand smoke. Banning smoking in restaurants and bars is important
Harriet A. Burge, PhD. because:
Michelle Carrick
Ellie Eckhoff . One in every. 18,people suffers from asthma and one in every 5 has an allergy.
Joseph Ferney
. Tobacco smoke-is or preventable trigger of s.sthma and allergy
Ellie Golldbdberergg a major 1>
Dirk Greineder, M.D. symptoms.
Marvin Grossman
Joseph Guinta • Second-hand smoke can bring on life-threatening asthma symptoms. It
Gary P. Gurka, M.D. increases the frequency of asthma episodes, and the severity of symptoms
Sharon Hackett
Paul J. Hannaway, M.D. such as shortness of breath,wheezing, chest tightness, and bronchial
Helen Hollingsworth, M.D. ,constriction.
Norman Holtz, Esq.
Charles Homer, M.D.
Marjorie Korff Restaurant customersland`Workers should_ggt have to be exposed to other
Alan M. Krensky
Janet Lilienthal people's tobacco smoke.Everyone should be free to enjoy all restaurants with
Rhonda Mann Donna Mattos their family and friends without..worr3ring about whether they will suddenly find it
Judi McAuliffe, R.N. difficult tto breathe. Even waitin&fbr,a table.'or walking through a smoky area...can
Rebecca Onie.
Christopher Randolph, M.D. cause serious distress for a person with sensitive airways. Their breathing may be
John Renneburg, M.D. compromised for days afterwards, and they become more vulnerable to serious
Michael Rich, M.D.Robert E. Riley effects of other asthma triggers. Employeeswho s end long hours at their food
p
Ross Rocklin, M.D. service worksites,and children customers,whose respiratory systems are more
John A. Saryan, M.D.
Terry P. Segal, Esq. vulnerable, especially need to be protected.
Guy A. Settipane, M.D.
Paul A. Shapero, M.D_
Marilyn Stempler, Esq. Completely smoke-free premises are the only real solution. So-called "non-
Susan Stoddard smoking areas" should really be called"second-hand smoking areas," since trying
Bryan Stone, M.D.
Lawerence Weber to keep the air separate is like trying to chlorinate only half of a swimming pool.
Mark R. Windt, M.D. It simply doesn't work.
HONORARY DIRECTORS
Irving Bailit, M.D. On behalf of our constituents with asthma and allergies, we ask you to proceed
Bette Barbadoro
George Behrakis with the strongest efforts possible to protect the public, and especially those most
Cynthia Daley Grace Doherty, M-D. vulnerable to respiratory irato effects,from the hazards of second-hand smoke.
William Franklin, M.D.
Rae Porter
Bruce Schwoegler Sincerely,
Suzanne Steinbach, M.D.
FOUNDING PRESIDENT
Albert L. Sheffer, M.D. Sharon Schumack,Health Education Coordinator
Asthma& Allergy Foundation of America/New England Chapter
f� CMCER V_r�T18 1999
socimTM CITY OF SALEM
HEALTH DEPT.
October 13, 1999
Mr. Leonard Milaszewski, Chairperson
Salem Board of Health
9 North Street
Salem, MA 01970
Dear Mr. Milaszewski:
On behalf of the American Cancer Society, I would like to applaud the efforts of the Salem Board of Health to
protect the health of Salem residents by considering the creation of smoke-free restaurants.
In the past, many thought of environmental tobacco smoke (ETS) in public places as an annoyance,but not
necessarily a health threat. However, study after study continues to show that breathing in the smoke from
someone else's cigarette causes illness. Tragically., according to the Journal of the American Medical
Association(1/98),.an estimated 53,000 deaths occur nationally each year as a result of ETS. Some of the
health consequences that have been linked to secondhand smoke include cancer and heart disease in adults as
well as an increased risk of respiratory infections, ear infections and asthma in cb-ildren.
Fortunately, dozens of Massachusetts communities have taken steps toward protecting the public from the
health risks of tobacco smoke. For example,the number of residents in the state protected by local tobacco
control ordinances restricting smoking in restaurants has risen from 500,000 people in 1990 to well over 3.5
million people today. As you consider regulations for your own community, I respectfully urge you to create
the strongest possible restrictions on smoking in restaurants.
Please contact the American Cancer Society(61775567.7422) if.there is anything we can do to help facilitate
the implementation of new tobacco control regulations in Salem. By eliminating Pxpos,ire to ETS ynii .X,Jtl he
taking a major step in protecting the health of those who.live and work in Salem.
Respectfully yours,
Da.yid S-. Rosenthal, MD
Immediate Past National President
. _ <. .1��:.;i - .. -1,:3• .. sJ n, ..:�('��1.'lfi� !:1"�!:.. �ii�: c !!F- ..,,a.. . . : _ i_f. .. .� _
cc :Dorothy Flaherty.._
New England Division,inc.
25 Stuart Street, 4th Floor • Boston, MA 021 16-4700 • Phone 617-556-7400 • Fax 617-426-0383
Cancer Information• 1-800-ACS-2345•www.cancer.org
� BFr Town of
ETING NWSE 5 0
LYNNFIELD NOV1 _ 1999
CITY OF SALEM
BOARD OF HEALTH HEALTH DEPT.
November 1, 1999
Mr. Leonard Melaszewski, Chairman
Salem Board of Health
9 North St.
Salem MA 01970
Dear Mr. Melaszewski:
The Lynnfield Board of Health supports your efforts to make Salem dining, smoke free.
We have had no negative"feed back"in Lynnfield, and think your move forward would
prompt Beverly to do the same.
Good Luck!
Alan J. Shac man, Chairman
Lynnfield Board of Health
AJS/ml
cc: Adrienne Rains,
Tobacco Control Program
BOARD OF HEALTH U
WILLIAM J.LEE MEMORIAL TOWN HALL NOV 1 6 1999
WAKEFIELD,MASSACHUSETTS 01880
CITY OF SALEM
HEALTH DEPT.
SAMUEL J. STELLA '4 JAMES J.NUGENT,JR., C.H.O.
CHAIRMANsyo Agent-Registered Sanitarian
LOUIS GIAMARCO, D.D.S. TELEPHONE: (781) 246-6375
VICE CHAIRPERSON FAX: (781) 224-5018
CLARICE P.ANDREWS, R.N. M.S.
SECRETARY
TO: Salem Board of Health
FROM: Clarice P. Andrews, RN., MS., Secretary
Wakefield Board of Health
RE: Smoking Regulations for Restaurants
DATE: November 15, 1999
I urge Salem Board of Health members.to vote for regulations
re: non-smoking in restaurants in Salem. There is always controversy and
even resentment regarding such regulations. But, as Health Board members,
we are, indeed,responsible for the public's health. There is no question
that smoking in enclosed areas(i.e. restaurants)increases breathing problems such
as asthma and increases exposure to carcinogens contained in cigarette smoke.
It is not an easy decision to vote non-smokingTegulations,but it
is a responsibility that Board of Health should be taking.
Good Luck!
.ti.: s < 4 ..5�+�. .���{ �,�,,� E4 f En� ii+, �y�YY��yC`.§G .i ST� 'Ix•"i. '�'1
++ 'y TOWN OF SAUGUS
o•~ "t INSPECTIONAL,SERVICES DEPARTMENT
• - 298 CENTRAL STREET
�'s�;'�e�•' SAUGUS, MASSACHUSETTS 01906
Inspectional Services Department^,, elephone: (781)231-4115
(781)231-4116
November 15, 1999 �`
O
Mr. Leonard Milaszewski, Chairman
NOV 17 1999
Salem Board of Health CITY OF SALEM
9 North Street HEALTH DEPT.
Salem, MA 01970
Dear Mr. Milaszewski:
The purpose of this letter is to applaud the Salem Board of Health in developing smoke-
free regulations for Salem restaurants. We in Saugus undertook a similar project three
years ago, and have today what we consider a very workable regulation. The only way
these initiatives are going to succeed is if all the local communities vote for smoke free
establishments. There is overwhelming evidence to support the fact that second hand
smoke causes disease in nonsmokers, and we need to protect our residents form the effect
of this silent killer. The right to breathe fresh air should always prevail over the desire to
smoke.
We support your efforts and wish you luck in moving forward with this effort. Your
restaurants will also find that a lot more people will visit them in their cleaner
environment.
Si cerely
os . Vinard
Ch i Saugus Board of Health
Joyce Redford
��44
UIMIfIPM
MSC 11110(NO
CITY OF MELROSE HEALTH DEPARTMENT
Ruth L. Clay, MPH � ` tl�j] City Hall,562 Main Street
Health Director P1 1�oii L'( Melrose, Massachusetts 02176
O
Telephone-(7 81)665-1857
NOV 18 1999 Fax- (781)979-7696
CITY OF SALEM
HEALTH DEPT.
November 16, 1999
Leonard Milaszewki, Chairman
Salem Board of Health
9 North Street
Salem, MA 01970
RE: Proposed#24 Regulation Concerning Prohibiting of Smoking in Dining Areas of Restaurants and
Restricting of Smoking in Bar Areas
Dear Mr.Nfilaszewki and members of the Board of Health,
We, the members of the Melrose Board of Health,. strongly support your proposed regulations
concerning environmental tobacco smoke in restaurants and bars.
Our smokefree restaurant regulations took effect March 1 of this year. After eight months, we have
received no complaints from restaurant owners. To the contrary, a number have thanked us for helping
create the smokefree environment they had wanted but were afraid to implement them. Many of our
restaurants are small owner-operated establishments so the smoke free regulations have had a direct
impact on the health of the owners and their families.
We have seen no decrease in the number of food establishments operating in the city. Since our own
smoking regulations have taken effect, new food establishments continue to open. The public has been
extremely supportive.
Certainly there is strength in numbers. The more cities and towns whose food establishments are
smokefree the better it is for all the businesses and the health of its patrons and workers.
We urge you to pass:Regulations.#24!
Si cere y;
AZ
Peter M R ._e Osborne Ward Patricia Lowery, RN
ait=man�
Y
NORTH SHORE COMMUNITY HEALTH NETWORK
wealthy C nine communities dedicated to improving health in the North Shore
o
b�
40
December 2, 1999 D TF4 .
11
Mr. Leonard Milaszewski, Chair DEC 3 — 1999
is what we're all about Salem Board of Health
North Shore 9 North Street - CITY OF SALEM
Community Health Network Salem, MA 01970 HEALTH DEPT.
Serving the communities of Dear Mr. Miilaszewski:
Danvers
On behalf of the North Shore Community Health Network
Lynn Tobacco Control Coalition, I am writing to express our support for passing
Lynnfield the proposed regulations that would establish smoke free restaurants in
Salem.
Marblehead
Nahant I wanted to share with you a project that the Coalition worked on
last year. The enclosed letter appeared as a full-page advertisement in
Peabody both the Boston.Sunday Globe and the Salem Evening News in November
Salem 1998. The letter reads"As a health care provider, I witness the
devastating effects of smoking and exposure to secondhand smoke on my
Saugus patients' health," and concludes with"Please support smoke free homes
Swampscott and regulations in our communities." As you can see, there are numerous
physicians' and other health care providers' signatures from Salem and
across the North Shore supporting smoke free regulations in our
communities.
I encourage the Board of Health to move forward on the proposed
regulations to protect the health of all Salem residents. Thank you for
your interest in the health of our community.
Sincerely,
A1 �0., L .
Karen D. Baldoza
NSCHN Tobacco Control Coalition Coordinator
If you would like additional information about this project or other Coalition activities,
please feel free to call me at(978)524-0561 Ext.230.
located at CAB Health and Recovery Services,Inc.
27 Congress Street • Salem,Massachusetts 01970
978-524-0561 fax: 978-524-0913
As a health care provider, Z witness the devastating effects of smoking
and exposure to secondhand smoke on my patients' health.
According to the Journal of the American Medical Association(1995:273:1047-1053)approximately 37.000 nonsmokers dic each year due to secondhand
smoke. Among children the most common health problems caused by secondhand snake include asthma,middle car infections and delayed lung development.
The Environmental Protection Agency(EPA)has categorized tobacco smoke as a Known Human Class A Carcinogen,which is in the same category as asbestos.
Isn't it time we speak out and prow our future and our health.Please support smoke free homes and regulations in our communities.
Arden 'edili c (i yste `..`_ .
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Dr.Thomas M.Collins Dr.Sabastian J.Aparo Dr.Michael Edwards Dr.Steven Keenholtz Dr.Brenda E.Richardson
Grace M.DcirWadt,RN
Dr.Sideris D.Baer Dr.Richard Einhorn Dr.Carol Kessler Dr.D.Romanelli Margc Duffy.RN Dr.Gregory A.Buylewicz Dr.Gordon O.MaimMargot Kingston RNP Dr.Jonathan Schreiber
Dr.Suzan F.Graves Dr,Harriet Bering Dr.Sherry T.Emery Dr.David Kolb Dr.Alvan R.Schwartz
- � Dr.Paula Heimberg Dr.Suzann-Berlin Dr.Curtis Ersing Dr.[assce Larsen Dr.Thomas M.Scman
ty- Dr.Herbert W.Bistrong Dr.Martha Etinger Dr.Harlow LeBarge Dr.Joseph Shalhoub
Donna Hughes. Dr.Steven B.Blumberg Dr.Bruce L Feldman Dr.David Lebwohl Dr.Thomas E.she.
Patricia M.KelMullen LPN Dr.Marisa Bochman Dr.Douglas Ftero Dr.Marc Lefebvre Dr.Joel W.Shelknx
Dr.Jacob S.Kritcman Dr.Deborah A.Bradley Dr.John S.Gale Dr.Stephen R.LoVermc Dr.Lawrence Sbinbaum
Mar---et McKawn,LPN Dr.James R.Brown Dr.Donald G.Ganim,11 Dr.Thor Makarushka Dr.Thomas Smith
Jcanne M''4tchacl'RN Dr.Estill Caudill Dr.Norman C.Gaudnull Dr.Neil N.Mann Dr.Richard L.Smith
Dr.Gilbert A.Norwood Dr.Shand Chitre f�.PPeter Gcrmond Dr.JoAnn Manson Dr.Edward Splainc
Anne Palmcira,RN Dr.John C.Clapp Dr.Michael J.Gordon Dr.Deborah Marsden Dr.J.Stockman
Pamela Phillips,LPN Dr.Francis X.Cleary Dr.Shuehi Gupta Dr.Miguel Martinez Dr.A.Howard Stone
Jcan Simmons.RN Dr.James H.Clifford Dr.Ronald C.Hutfelder Dr.Elias Massoud Dr.Philip Thomason
Dr.Jan Sklaver Dr.Mar,Coachman Dr.James S.Hewson Dr.William Medwid Dr.Eugene Tsai
,; - Dr.Ellie'.L.Cohen Dr.Gregory D.Hirsch Dr.Mark B.Mcngtl Dr.Tina Waugh
Healtb:jWiddell OOOI. Dr.Jcromc Cmpeau Dr.Jonathan Jagucs Dr.Ronald Newman Dr.Susan Wilfahn
Incorporated Dr.Dirty Crognale Dr.Mavis W.Jaworski Dr.Jeffrey B.Newton Dr.John Yee
Dr.Mansur Dahod Dr.Anne Jennings Dr.Mahesh M.Patel Dr.61arya Zilberbcrg
Dr.Joseph Abate Dr.John Daintoe Dr.Mayo Johnson Dr_Manuel A.Pcmgrirw Dr.Ken Zinn
Joan Bishop.RN Dr.Susan DeLuca Dr.Zayca lotrhourian Dr.Stuart Perguncnt Dr.John V.Zipper
Dr.Nicole A.Bloor Dr.Steve Dcfosscz Dr.George P.Kacoyanis Dr.James J.Pollard
Dr.Lyle G.Bohlman Dr.Rem Dorrie Dr.Susan V.Karol Dr.Sue Pusell
Roben Burrows.RN
Diane Cammania,BSN.RN oi-th Shore Medical.C e ter'at-Salem Hospital J r l •`� i� :
Eta Chandler,RN
Maric Chian,RN Dr.Elizabeth Aarons Dr.Christopher J.Coffey Dr.Edward J.Han Dr.Richard M.Miller
Marianne Coseia,RN - Dr.Howard Abrams Arthur Croft,RRT Dr.Francis M.Hane Dr.Frank P.Morse
Susan Dcycrmond.RN Hclen.M.Aiello,RN Elizabeth DcGrcnier,CFNP Michael Haycs.CRTT Dr.Susan E.Moynihan
Doris FcrnandczXNA Dr.Richard D.Alexander Dr.Dean M.Donahue Dr.Lewis S.Hays Dr.Keith C.Nobil
Sara Goldstein.RN Janet Atkins,RN Dr.Calvin J.Dorsey Dr.Joseph Jacobson Joyce O'Brian,RN
Lillian Graham,RN Dr.Joseph E.August Dr.James J.D'Urso Dr.Vivian B.Kane Jcannc Paolilli,RN
Dr.Keith W.Harper Dr.Beaty August Dr.Theodore A.Dushan Dr.Nathan E.Kaufman Dr.Keith W.Rae
Lamy Johansen RN Dr.S.Aurora Suzanne M-Dyment,RD Dr.Myles Keroack Nina A.Rauschcr,RN
Rem L+Plume,RRT,PSGT.BS Cynthia L Beck,RN Nancy FJuig,CNM Dr.Thomas Kingston Dr.David J.Roberts
Dr.S.Rao M-11—Pa1i Dr.Christine A.Blaski Dr.Richard S.Eimer Dr.Luisa Kontoules Doug Rogers,RN
Maureen C.McGaffigas,RN Dr.Vwm-=S.Block Dr.Robert D.Fallen Dr.Karen Kng Jennifer L Rosman.RD
Dr.Charles A.Bockoff Dr.Anthony M.Filoso Gail LeBrun RRT D.Russell R.Ryan
Dr.Arthur Ncitcrnan Cornelia Borden RN Dr.George S.Freedman Dr,Charles J.Leidnct Dr.Timothy R.Seigel
Kathleen Noonan.RN Nancy Borgaai Krouse.RN Dr.Robert A-Freedman Dr.Cindy B.Levine Alfred Sharpe RN
Karen O'Cooncl,RN Dr.Mahlon Bradley Dr.Sheila Calvin Dr.Sanford M.Levy Keg Sheer.RN
Dr.Richard Otans Eileen Braley.RN Dr.Terry Garfoltic Dr.Mark Lewis Janice Sheppard,RN
Ag.OP-14 Kim Brodie,RN Donald M.Geraghty,RRT Dr.Anna Litvak Linda Shigrcr.RN
Dr.Mai Phan Dr:Alison R.Brookes Dr.Mark Gilligan Dr.Chutes M.Louden Dr.Neil Shom
Dr.Farouk A.Pimda Dr.Frederick O.Buckley,Jr. Dr.Larry P.Goldberg Dr.Dougald C.MacGilhvny Sandy Skinner,RN,MA
Jacqueline Mclanson Renolds,RN Dr.Peter M.Barker Dr.Michael Golden Dr Daniel Magalnick Dr.Philip Thiclhelm
Maureen Sellers,RN Julie Bums,RN Dr.Richard Goodenough Dr.Jonahan P.March Dr.John Van Weiss
Rochelle Shea-Eckert TCA.CNA rAUrieanne Canon RN Dr.Maurice Greenbaum Mary Martel,RN Jancue Walsh,RNCS
Susan Skop,RN Kathryn A.Chamberlain Dr.Thomas A-Groblewski Dr.Donald T.McAuliffe,Jr. Katherine Walsh.RN.CS
Shim Smithell.COTA/L Jane Christensen,RN Dr.Gregory Hagan Dr.Maury McGough Dr.Alan B.-Ward
Bridget Walsh,RN Dr.Marvin Copper Dr.Ei10n C.Haley Dr.Angus P.McIntyre Dr.Mark R-Windt
oqfr Paul J.Clone,OTC Dr.Fayal M.Hagan Pam McManus,RRT Jayne Zaya,RN
deII Osplt8l_ Dr.Maud R Cohan Dr.Walter L Harrison Ann McQuaid.RN
Comibo_ ty. Iealtti Ct nfgr Mt ical St9[f.
Dr.Chris B«ham } •: Y-�•'+• - .,ate —
Dr.Matthew Burka Dr.Toryala Amid Dr.Laura Frankenstein Beverty LeBlanc.RN.MS Malone Stager.LPN
Dr.Kristen Dimarco Teresa Antrnira8,RN Linda M.Gajrgan(,RN,PNP Dr.David Mclkide Sarah Tully,PAC
Dr.Michael Doupc Cory Bishop.RD Dr-Marcus Gordon Gloria Mersha,NP Patricia Uricc.FNP
Dr.Anastasia Fyntrilaids Dania Coe.NP Savom Keo.RN Jean Millet.LPN Elena Webber.RN.PNP
Dr.John Angelo Gmssi Darlene DeLeary,LPN Theresa Lentz.RN,FNP Roperta L Morrison,RN Anna Y.Woo.RN
Dr.Joseph W.Grivel Donna M.Doyle,CNM Dr.Louis Laz Donna NevAia8,RN
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Dr.Charmaine R.l.opo Dr.lames P.Cohen Dr.!n'mB lay Newman Dorothy Cahill-Trssicr,HHA Mary McCorrmish,RN
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Dr.Anna L Dr.Sheila Kennedy Dr.Barry G.Zillen Stevens Cheryl MacNeill,RN Jane W000dbury
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Dr.S.Mark Bean Dr.Paul J.Corrado,Jr. Dr.Peter A.Hartmann Dr.Barrie Paster Dr.Michael Woods
,This ad was sponsored by the Massachusetts Tobacco Control Program and their grantees:Healthy Maldce 2000.Inc.(781)397-6067.North Shore Community Hca h Netw .
Tobacco Control Program(978)740-1562.Northeast Regional Tobacco Education Collaborative 978-521.9913,Smoke Free Solutions North (978)927-45o6,Coastal North Shore
Boards of Health Collaborative(978)768-0t23 and Westlord/Chdrnsfordrryngsboro Tobacco Control Program(978)692.5522.
p SAVED
DEC 9 - 1999
Writer's Direct Dial: 781-380-3203 CITY OF SALEM
Law Department Fax:781-380-3233 HEALTH DEPT.
December 3, 1999
VIA FACSIMILE 978-740-9705 AND US MAIL
Ms. Joanne Scott, MPH, RS, CHO
City of Salem Board of Health
9 North Street
Salem, MA 01970-3928
RE: Salem, MA Proposed Smoking Regulations
Dear Ms. Scott:
I am writing pursuant to your request for written comments at the November 9, 1999
Salem Board of Health Hearing regarding Smoking Regulations. AHCI runs a Ground
Round restaurant at 2 Trader's Way in Salem.
Of course, AHCI is in favor of policies that protect public health and welfare, and will
comply with all laws and regulations. However, many issues have come to our attention
as cities and towns have begun to propose similar laws. The following is a brief listing of
some of the issues that have arisen in the past.
In many towns, where full compliance would create an undue burden on a restaurant's
operations, the relevant municipal authority allowed the owner to employ other methods
to accomplish the goals of the ordinance. Among others, these methods have involved
using a certain area of open space as a barrier between the smoking and non-smoking
areas, using separate entrances, having patio decks as additional smoking areas, and
allowing for adjustments in the smoking-non-smoking ratio. I would like to know if
similar measures would be acceptable under the proposed Salem regulations.
It has been our experience that, when smoking regulations are enacted on a municipal
level, the regulations can have a significant detrimental impact on the business
community.
Rather than reduce the number of smokers, many times municipal regulations simply
have the effect of relocating smoking customers to restaurants in neighboring
communities. This significantly affects our customer relations and client base.
AMERICAN HOSPITALITY CONCEPTS, INC.
35 BRAINTREE HILL OFFICE PARK * PO BOX 859078 * BRAINTREE,MA 02184-9078*781 380-3100* FAX 781 380-3168
Ms. Joanne Scott
City of Salem Board of Health
December 3, 1999
Page 2
Also, due to the layout of many establishments, it can take several months to reconfigure
the bar and dining areas to accommodate smoking and non-smoking guests. The costs, of
downtime, loss of business, materials, and actual construction, can be substantial.
I believe these, and other issues, may be addressed somewhat in the Variance section of
the proposed regulation. I realize that variances will surely be issued on a case by case
basis, but I would ask for some guidance regarding the definition of"manifest injustice",
and what would be considered suitable "alternative means of protection'. In addition, it
would be helpful if there were guidance regarding possible waiver periods or extensions,
especially in light of the substantial work that would be required in order to comply.
Thank you very much for allowing me to share these comments with you. Please contact
me if you require any additional information.
Sincerely,
4 O
4/�J
Richard Armstrong
Law Department
October 1999 Yankee Food Service Page 57
MRA Restaurant Owners Prefer Total Smoking
Ban To Help Improve-Competitive Playing Field
(Comtrmued forme page t) of the ranking members: of the MRA is interested in watching
cantly impacted.Mr.Grotton esti- House and Senate. Most of these same store sales.It may take a sig-
mated that waiters/waitresses are members .supported the ban. nificant statistic such as a drop of
losing significant amount of tips, "What happens from here will de- 20 percent statewide in same store
as much as $1,000 a month in pend on how much folks rattle sales to get the Legislature's atten-
some cases. their cages,"said Mr.Grotton. tion.
In a competitive situation, Prior to the ban,60 percent of In a survey conducted by the
those restaurant owners who have the Maine restaurant owners insti- MM the number one response
not complied are drawing custom- tuted their own ban or established from operators to date is that res-
ers from restaurant owners who separate smoking rooms. "We taurant owners support a total ban
have enforced the new state health would liked to have seen a gradual and a level playing field for all
rules.Those customers who remain step to this," said Mr. Grotton. food and beverage businesses.
with a complied restaurant are "The government stepped into this, Mr.Grotton said there is still a
tending to go less frequently and and created an unequal playing lot of confusion over exactly where
are spending less money on food field." smoking will be taboo.
d alcohol. The MRA will keep a close The real test will occur after
The earliest the state L.egisla- watch on sales revenue. Prior to restaurant owners and their smok-
re could amend .the law is in the ban, Mr. Grotton said the in- ing customers realize that the res-
January or FeWuary. Any amend- dustry sales in Maine for the prior taurant bar is off limits to smoking.
ments must pass the approval of year increased nine percent. Par- Mr. Grotton predicted that the
fhe Legislative Council,made. up ticularly, Mr. Grotton said the taw may change because frustrated
customers may want smoking in
restaurant lounges separated from
dining rooms. He said the change
would be a good idea because it
would put restaurants on a.level
playing field-with bars.
Dr. Dora-Anne Mills, director
of Maine's health bureau,told The
Portlmid P.ress.-changing the law
to give the'restaurant operator that
has the funds or space. to build a
'ED separate lounge is unfair. She said
the best way for restaurants to
avoid losing business to bars
+ 19 7 7 would-be to extend the smoking
ntC 6 ban to bars.
Ul Some restaurant owners have
OF SALEm ;witched their liquor license from
ctitY �P(. restaurant-lounge to a Class A
lounge. However, no under 21
years old can enter the pub or res-
taurant without a parent or guard-
ian even if they only want to order
food.
The.ban.has also caused prob-
lems for restaurants that are near
the state.line. They will lose cus-
tomers to restaurants across the
border wheie.t_here`is no'smoking
ban.'.:,-
[vir ;Groffop,said._the:full fall-
out hoii)the smblung barinot
�...: ,
t be apparetitfa 'many months:
Ttie weait►er will still be com-
' fortab-kArough'=October and into
f early N. vember.and people can
still .cornf6.rtably_.step outside to
smoke.