►
Description
Feb. 11, 2015 - A public hearing for the Public Health and Human Services committee. During this hearing, witnesses testified on the following items:
140517 -- An Ordinance amending Section 10-602 of The Philadelphia Code, known as the "Clean Indoor Air Worker Protection Law," by providing for a limited period of time during which certain Private Clubs may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions.
140635 -- 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 during which certain Drinking Establishments may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions.
140649 -- 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 during which certain Drinking Establishments may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions.
140886 -- 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 during which certain Drinking Establishments may apply for and obtain a waiver of the provisions of the Section prohibiting smoking in certain places, under certain terms and conditions.
A
B
Number
140
517
and
ordinance
amending
section,
ten
dash
602
of
the
Philadelphia
code,
known
as
a
clean
indoor,
air
worker
protection
law
by
providing
for
a
limited
period
of
time
during
which
certain
private
clubs
may
apply
for
and
obtain
a
waiver
of
the
provisions
of
the
section
prohibiting
smoking
in
certain
places
under
certain
terms
and
conditions.
Bill
number
140,
635
an
ordinance
amending
section,
10
602
to
fill
out
the
code
known
to
clean
indoor,
air
worker
protection
law,
providing
a
limited
period
of
time
during
which
certain
drinking
establishments
they
apply
for
and
obtain.
B
A
waiver
of
the
revisions
of
the
section
pertain
prohibiting
smoking
and
some
places
under
certain
terms
and
conditions,
bill
number
140,
649
and
the
ones
amending
section.
Ten
dash
602
of
the
foot
of
the
code,
known
as
a
clean
indoor,
air
worker
protection
law
by
providing
a
limited
period
of
time
during
which
certain
drinking
establishments
may
apply
for
and
obtain
a
waiver
of
the
provisions
of
the
section
prohibiting
smoking
and
some
places
under
certain
terms
and
conditions
bill
number
one:
four:
zero:
eight,
eight
six
and
the
ones
amending
section.
A
C
Good
morning,
good
morning,
Thank
You
chairwoman
tasco
for
the
opportunity
to
be
here
today
with
you
and
the
other
members
of
the
Public
Health
and
Human
Services
Committee,
and
for
giving
me
the
opportunity
to
provide
testimony
on
these
four
bills:
1405,
1763,
5649
and
886.
All
four
of
these
bills
would.
C
All
four
of
these
bills
would
grant
specific
establishment
and
exemption
from
our
city's
clean
indoor,
air
worker
protection
law
of
2007.
Three
businesses
are
seeking
exemptions
under
the
drinking
establishment
or
bar
waiver.
Two
of
these
three
businesses
operate
as
gentlemen's
clubs.
The
fourth
entity
is
seeking
exemption
as
a
private
club
respectfully
as
health
commissioner.
I
must
oppose
all
four
bills,
just
as
I
did
in
december
2014
when
they
were
first
introduced.
C
I
commend
the
committee
for
its
wise
decision
to
hold
those
bills
then,
and
I
respect
to
respect
to
respectfully
encourage
you
to
do
the
same
this
time.
I
want
to
make
two
main
points
today.
First
I
want
to
highlight
the
purpose
behind
our
smoke-free
law.
It
was
designed
to
protect
workers
and
the
public
from
secondhand
smoke.
I
see
it
as
part
of
my
job
to
ensure
that
Philadelphians
do
not
have
to
choose
between
their
health
and
their
employment.
I
know
this
is
a
concern
shared
by
many
members
of
council.
C
C
Philadelphia's,
Clean,
Indoor,
Air
worker
protection
law
prohibited
smoking
in
bars,
restaurants,
workplaces
in
other
indoor
spaces.
It
did,
though,
include
some
exemption
provisions.
They
were
meant
to
provide
a
one-time
waiver
application
period
for
small
bars
and
private
clubs
in
existence.
At
the
time
of
the
law's
passage
seven
years
ago,
the
waiver
period
was
never
meant
to
be
reopened.
Waivers
were
a
compromise
to
ease
the
transition
to
a
comprehensive
progressive
law
that
protected
employees,
customers
and
members
of
the
public
from
secondhand
smoke
to
the
greatest
degree
possible.
C
By
granting
new
waivers
now,
a
time-limited,
circumcircle
scribes
compromise
grows
bill
by
bill
into
a
larger
and
larger
loophole.
One
bar
and
one
private
club
obtained
exemptions
through
a
similar
legislative
amendment
process
in
2011
and
2013.
Today,
we're
considering
for
more
exemptions,
I
worry
about
how
many
more
will
be
added
in
the
future.
C
C
The
two
gentlemen's
club
seeking
exemptions
may
argue
that
they
are
at
a
competitive
disadvantage,
because
most
other
such
clubs
have
exemptions
that
allow
smoking.
However,
currently
only
for
gentlemen's
clubs
in
Philadelphia
have
smoke-free
waivers,
and
a
quick
review
suggests
that
at
least
nine
other
similar
clubs
operating
in
Philadelphia
today
don't
have
such
waivers.
C
It
may
seem
that
a
few
more
bars
or
a
few
more
gentlemen's
clubs
that
allow
smoking
is
no
big
deal,
but,
let's
think
about
the
workers
and
the
non-smoking
patrons
of
these
businesses,
the
clean
in
indoor
air
law
was
meant
to
protect
people,
no
matter
where
they
work,
where
they
go
to
dinner
or
where
they
have
a
drink
from
the
harms
of
secondhand
smoke.
Private
clubs
are
no
exception,
because
the
indoor
law
currently
defines
a
private
club
in
a
manner
that
allows
these
establishments
to
have
employees.
C
If
you
have
workers,
the
law
should
apply
to
you
and
some
the
law
was
a
good
idea
was
when
it
was
originally
passed
by
the
council
and
is
still
a
good
idea
for
all
the
same
reasons
as
health
commissioner
I
sit
on
the
advisory
board
for
the
life
sciences,
division
of
the
Philadelphia
conventions,
Bureau
and
you'll
be
hearing
more
ability
of
that
organization.
Later
in
this
role,
I've
learned
that
creating
more
exemptions
from
the
smoke-free
law
puts
Philadelphia
at
risk
for
Lou
losing
health
and
life
sciences
conventions.
C
Such
conventions
account
for
approximately
half
of
all
conventions
in
the
city.
27
health
organizations,
including
the
American
Heart
Association,
the
American
Lung
Association,
and
the
US
Centers
for
Disease,
Control
and
Prevention
will
only
host
conferences
in
cities
with
comprehensive
smoke-free
laws
that
limit
exemption
exemptions
to
the
greatest
degree.
City
likes
cities
like
Chicago,
New,
York,
Los,
Angeles,
Boston,
newark
and
Alta
more.
These
are
our
competitors
and
we're
in
a
precarious
situation.
C
Take
the
American,
Heart
Association
as
a
case
in
point.
It
recently
announced
that
will
be
hosting
as
2019
annual
conference
in
Philadelphia,
with
25,000
attendees
and
approximately
68
million
dollars
in
economic
impact.
Yet
representatives
from
the
Convention
and
Visitor's
Bureau
noted
that
Philadelphia
almost
lost
that
conference
because
of
our
existing
smoke-free
exemptions.
C
Rightfully
so
the
Heart
Association
had
questions
about
the
scope
and
the
nature
of
the
exemptions
and
expressed
their
concerns.
Ultimately,
Philadelphia
was
successful
in
winning
the
convention,
but
it
was
a
near
miss
and
could
come
a
complete
miss
as
the
heart
association
continues.
Returning
to
Philadelphia
for
future
meetings.
C
Therefore,
just
as
in
December,
the
convention
in
Bureau,
the
Convention
and
Visitor's
Bureau
has
submitted
a
letter
in
opposition
to
these
bills
and
I
believe
representative
from
the
bureau's
here,
as
well.
I
respectfully
say
to
eat
sponsors
and
to
the
members
of
this
committee
that
holding
these
bills
is
the
right
thing
to
do
not
just
for
the
public's
health,
but
also
for
the
city's
financial
health.
C
In
so
doing,
you
will
strengthen
our
competitive
edge
in
attracting
major
profitable
conventions
from
the
health
and
biomedical
industries,
and
you
will
prevent
numerous
employees
and
patrons
from
suffering
the
harms
of
secondhand
smoke
and
the
debilitating
diseases
that
can
cause.
Thank
you
for
your
consideration
today,
I'm
joined
by
my
colleague
dr.
gear,
either
Mallya,
who
directs
our
get
healthy
Philly
program
and
dr.
Molly
and
I,
would
be
happy
to
answer
any
questions
that
you
might
have.
A
D
C
Roughly
in
the
same
ballpark
we
they
are,
our
exemption
provision
is
a
little
weaker,
particularly
with
respect
to
private
clubs.
Other
cities
have
private
Club
exemptions
only
for
clubs
that
have
no
employees
where
all
the
functions
of
the
club
are
maintained
by
club
members.
You
care
to
add
to
that
yeah.
E
D
Does
the
administration
feel
that
all
the
businesses
in
the
city
should
be
treated
equally,
I
mean
having
good
sounds
like
I
mean
it's
a
fair
question,
because
what
we
have
before
us
today
are
some
facility,
some
private
clubs
that
were
unable
to
produce
the
documentation
in
a
timely
manner
and
they're
at
a
disadvantage
from
the
other
facilities
like
themselves.
Do
you
believe
that
we
should
treat
all
businesses
equally
and
that
simply
doctor
yes
or
no
right.
A
A
E
We
have
approximately
50,
or
so
small
bars
or
drinking
establishments
that
were
given
waivers
here
in
Philadelphia
back
in
2007,
and
that
is
different
than
in
other
cities,
so
that
happened
in
Philadelphia,
but
that
provision
isn't
available
in
the
Clean
Indoor
Air
laws
of
other
large
cities.
Okay,.
G
Well,
good
morning,
chair
what
chairwoman,
Tosca
and
members
of
council
I'm,
dr.
ken
margulies,
president-elect
of
the
Philadelphia
division
of
the
American
Heart
Association,
and
a
cardiologist
at
the
University
of
Pennsylvania
American
Heart
Association,
is
joined
by
many
health
advocacy
partners,
including
the
American
Cancer
Society,
and
the
American
Lung
Association,
an
urgent
council
to
defeat
and
reject
the
legislation
before
this
committee
today,
which
proposes
to
open
new
exemptions
in
Philadelphia's,
clean
indoor,
air
worker
protection
law.
Members
of
this
committee
and
the
City
Council
understand
that
secondhand
smoke
is
dangerous
to
human
health.
G
Echoing
the
comments
made
by
our
health
commissioner
just
moments
ago,
the
legislation
in
question
creates
an
impossible
choice
for
Philadelphia's
workers
today
in
a
tough
economy,
whether
or
not
to
go
to
work
in
a
smoke-filled
environment
that
may
kill
them.
Philadelphia's
workers
shouldn't
be
forced
to
expose
themselves
to
a
toxic
and
harmful
environment
in
order
to
have
a
job
in
a
paycheck.
G
Tourism
and
conventions
are
an
economic
engine
for
this
city
and
will
remain
so
what
we
want
them
to
remain.
So
it's
senseless
to
jeopardize
this
economic
driver
again.
In
my
opinion,
this
committee
shouldn't
merely
hold
these
bills.
These
bills
should
be
rejected
and
rejected
for
good
for
the
health
and
economic
benefit
of
Philadelphians.
A
F
Morning,
councilman,
tasco
and
council
members,
my
name
is
deborah
and
I'm
the
CEO
for
the
American
Lung
Association
of
the
mid-atlantic
region.
We
are
here
as
well
to
oppose
the
bills
proposed
today.
The
American
Lung
Association
in
Pennsylvania
is
disappointed
that
Philadelphia
City
Council
is
looking
to
once
again
permit
local
establishments
to
request
and
receive
a
waiver
from
the
Clean
Indoor
Air
worker
protection
law.
The
Clean
Indoor
Air
worker
protection
law
was
passed
to
protect
all
workers
and
citizens.
F
There
are
many
employees
who
are
employed
at
the
private
club
gentlemen's
club
and
the
bar
proposed
by
voting
for
the
waivers
Philadelphia
will
undo
the
original
intent
of
the
law,
putting
numerous
workers
in
harm's
way
as
a
result
of
breathing
in
secondhand
smoke.
Everyday
passage
of
also
sets
a
bad
precedence
of
others
to
come
forth
again,
diminishing
the
intent
of
the
law.
The
US
Surgeon
General
in
2006,
said
there
is
no
amount
of
secondhand
smoke
that
is
safe.
F
People
who
breathe
in
secondhand
smoke
are
more
likely
to
become
sick
and
die
from
lung
cancer
and
heart
disease.
Secondhand
smoke
can
also
cause
respiratory
infections
in
asthma.
The
Centers
for
Disease
Control
and
Prevention
recently
released
a
report
saying
that
58
million
Americans
were
exposed
to
secondhand
smoke
in
2011-12
or
about
one
in
force
non-smokers.
The
total
is
down
to
about
one
in
29
smokers
who
were
exposed
to
secondhand
smoke
back
in
nineteen
99
and
2000.
This
means
that
half
of
as
many
American
non-smokers
are
exposed
to
secondhand
smoke
now
compared
to
a
decade.
F
By
continuing
to
establish
waivers
in
the
city
of
Philadelphia,
we
will
be
pushing
those
numbers
in
the
wrong
direction,
as
we
expose
more
people
to
secondhand
smoke
in
their
work,
environment
and,
consequently,
driving
up
overall
health
care
costs.
The
American
Lung
Association
has
a
campaign
called
lung
force.
Lung
force
unites
women
and
addresses
the
fact
that
lung
cancer
is
the
number
one
cancer
killer
of
women
in
the
United
States,
as
well
as
men.
Majority
of
lung
cancer
is
caused
by
tobacco
use,
secondhand
smoke
and
other
environmental
factors.
F
Knowing
this
information
is
hard
to
understand
why
the
city
of
Philadelphia
would
want
to
knowingly
give
permission
to
employers
to
harm
workers
by
taking
a
stand
and
permitting
no
more
waivers
the
city
of
Philadelphia,
City
Council
would
definitely
save
lives.
No
one
should
have
to
choose
between
their
health
and
their
paycheck.
Philadelphia
needs
to
remain
strong
and
support
the
original
intent
of
the
law
to
protect
all
workers
and
citizens.
Equally,
thank
you.
A
H
Good
morning
yep,
my
name
is
dr.
Steven
ganbatte
Drexel
University
I'm,
a
professor
of
Health
Service
administration,
have
been
affiliated
as
a
volunteer
with
the
American
Heart
Association
and
work
on
a
number
of
tobacco
control
issues
and
I'm
here
to
support
this
panel.
In
terms
of
any
questions
that
council
may
have.
Thank.
A
You,
let
me
just
say
this:
we
passed
the
no-smoking
bill
when
the
207
it's
been
so
long,
I
can't
remember,
but
anyway,
what
we're
today
we're
dealing
with
44
situations
that
present
a
dilemma.
So
I
just
want
to
say
we're
trying
to
resolve
the
issues
around
four
situations.
This
council
and
this
committee
will
be
looking
at
measures
so
that
we
won't
be
here
again
all
right,
but
this
is
not
our
effort
overturn
the
smoking
bill
or
to
increase
more
waivers
or
increase
waivers.
A
We're
trying
to
resolve
circumstances
around
these
four
requests
that
are
kind
of
like
unique,
but
we
will
be
looking
at
measures
that
we
can
take
so
that
we
won't
be
here
again.
So
please
understand
that
sincere
when
we
pass
the
smoke
and
bill
and
it
was,
it
was
a
trying
in
tough
times
in
the
decision,
but
it
was
made
so
understand
that
we're
not
here
to
open
up
Pandora's
box.
Thank
you
for
you,
testing.
A
I
The
whole
thing
good
morning,
members
of
City
Council
I,
would
like
to
say
that
at
this
time,
at
the
Hyatt
Regency
Hotel,
there
are
more
than
200
medical
meeting
and
pharma
meeting
planners
meeting
on
best
practices
for
cities
at
where
to
choose
their
meeting,
how
to
conduct
their
meeting,
how
to
have
content
in
their
meeting
and
non-smoking.
Cities
is
a
subject.
My
name
is
Bonnie
grant,
as
I
was
introduced,
and
since
2006
I've
served
as
executive
director
of
the
Greater
Philadelphia
life
sciences,
Congress,
which
is
a
division
of
the
Philadelphia
Convention
and
Visitors
Bureau.
I
Our
mission
is
to
generate
economic
impact
and
job
growth
by
increasing
the
region's
hotel,
occupancy
and
revenues.
We
pride
ourselves
on
attracting
medical
and
life
science
related
meetings.
We
are
the
birthplace
of
not
only
American
history,
but
also
of
American
medicine
with
the
first
hospital,
the
first
medical
school,
the
first
Children's
Hospital
and
more
so
we
commit
resources
to
making
sure
that
our
associations
and
professional
societies
are
aware
of
this.
I
We
are
rich,
as
you
know,
in
medical
health
care
biotech/pharmaceuticals.
I
add
research
and
venture
capital
entities
that
often
provide
opportunities
for
long-term
businesses
when
these
kinds
of
conventions
come
to
town.
These
meetings
and
conventions
support
more
than
53,000
hospitality
jobs
and,
as
dr.
Bueller
mentioned
in
the
fall,
we
announced
that
we
have
finally
landed
the
American
Heart
Association
scientific
sessions,
which
will
bring
25
thousand
attendees
in
an
economic
impact
of
68
million
dollars.
We
are
currently
being
considered
for
2023.
I
We
almost
had
a
deal
breaker
when
they
needed
more
information
on
how
we
were
as
a
smoke-free
City
and
with
the
health
department's
assistance.
We
were
able
to
prove
that
out
of
15,000
establishments,
we
only
had
75
waivers
increasingly
these
types
of
meetings,
which
is
a
very
coveted
market
for
other
major
conventions.
Cities
are
demanding
not
only
smoke-free
venues
but
complete
smoke-free
cities.
I
I
They
provide
a
model
smoke-free
meetings.
Resolution
to
help
the
meeting
planners
do
it
very
easily,
so
just
as
meeting
planners
are
looking
for
sustainable
and
green
meeting
experiences,
they
are
increasingly
looking
for
smoke
free
meeting
experiences,
other
conventions
that
are
coming
up
that
are
taking
this
highly
into
consideration.
We
will
have
the
american
association
for
cancer
research,
which
is
located
in
our
hometown
at
six
and
chestnut.
I
They
are
meeting
here
for
the
first
time
since
1999
in
april
of
2015
this
year,
and
we
also
have
the
bio
International
Convention,
which
is
meeting
here
in
june
of
this
year.
This
week,
as
I
said,
more
than
200
medical
meeting
planners
are
discussing
this
very
subject,
so
if
it
is
a
choice
between
Philadelphia
and
another
smoke-free
venue
or
city
to
bring
a
meeting
to,
let's
not
let
Philadelphia
lose
that
business.
Thank.
A
A
One
across
the
street
there
across
the
street
from
each
other
one
has
a
no
smoking,
the
other
window,
smoking.
We
have
a
small
bar
which
missed
the
deadline
for
applying
for
a
waiver
because
of
bill
o
to
the
water
department,
so
that
was
a
circumstance
that
we're
taking
into
consideration
and,
as
I
said
before,
we
are
trying
to
rectify
these
situations
but
at
the
same
time
not
trying
to
open
up
Pandora's
box
or
future
waiver.
So
we
will
be
looking
at
measures
to
address
this
issue
Commissioner.
A
J
A
J
A
Moved
in
seconds
their
bills,
140
140,
517,
1406,
three,
five,
one:
four:
zero:
eight
eight
six
at
140
649
be
reported
out
of
committee
with
favorable
recommendation
and
that
the
rules
are
council
be
suspended.
So
this
bill
can
be
heard
at
council's
next
session.
All
in
favor
is
there
any
opposition
there
being
on
the
motions?
Carry.
Thank
you
very
much.