On November 19, 2002, the Madison Common Council adopted several amendments to Section 23.05, Madison General Ordinances, addressing smoking in restaurants and taverns. There are numerous changes that may affect your establishment. Outlined below are the changes and the various effective dates:
Definition of Restaurant and Tavern - will be changed in pertinent part to include the following language as of January 2, 2003 -
Restaurant - any establishment whose sale of alcohol beverages accounts for 50% or less of its gross receipts for alcohol beverages and food.
Tavern - any establishment whose sale of alcohol beverages accounts for more than 50% of its gross receipts for alcohol beverages and food.
All Alcohol License Holders must return the enclosed Restaurant/Tavern Alcohol Beverage and Food Sales Report to the Madison City Clerk substantiating the establishment's gross receipts for food and alcohol beverage sales from 2001 or the most recent fiscal year, broken down by percentage. The owner or manager of the restaurant or tavern must sign the Report.
The ordinance prohibits smoking in all areas of Restaurants, including dining rooms, kitchens, game rooms employee break rooms, storage rooms, rest rooms and office areas. If your establishment is a tavern, smoking will continue to be allowed throughout. If your establishment is a restaurant, smoking will be permitted in the following areas only:
1. Full Service Bar Area - defined as the counter/bar and the area immediately adjacent to the bar. Immediately adjacent has been interpreted to mean the area enclosed by walls, rails, ropes, etc. or a reasonable distance from the bar itself with an identifiable barrier. To be eligible for this exemption, establishments operating as restaurants must submit the enclosed Report to the City Clerk substantiating the establishment's gross receipts of alcohol beverages and food broken down by percentage for 2001 or the most recent fiscal year. (A form is enclosed) This Report must be filed with the City Clerk by January 10, 2003 and must include a diagram of your full service bar area. This exemption has a two-step phase out:
After January 2, 2005, smoking shall be prohibited in restaurants' whose sale of alcohol beverages accounts for less than 33% of the gross receipts for food and alcohol beverages.
After January 2, 2006, smoking shall be prohibited for restaurants' whose sale of alcohol beverages accounts for 33% to 50% of the gross receipts for food and alcohol beverages.
Smoking shall be prohibited in full service bar areas in all restaurants and taverns that fail to submit the proper documentation.
2. Separately Ventilated Smoking Rooms - defined as a room that complies with the requirements of the State Building Code, the Wisconsin Administrative Code, Comm 64, and has solid walls, closed doors and negative air pressure to ensure that there is no mixing of air from the smoking area to the nonsmoking area. Any Separately Ventilated Smoking Room (SVSR) created after December 11, 2002, shall not qualify for this exemption. For an existing SVSR to qualify for this exemption, the restaurant must provide the Health Department and the Building Inspection Department with plans of the ventilation system and a certification from a HVAC engineer indicating that the ventilation system complies with all applicable codes. The restaurant must also submit a $75.00 plan review fee payable to the Madison City Treasurer. To qualify for an exemption, the SVSR must be brought up to State Building Code and Comm 64 standards and have solid walls, closed doors and negative air pressure to ensure that there is no mixing of air from the smoking area to the nonsmoking area. These requirements must be in existence by January 10, 2003.
If all of these requirements are met, smoking will be permitted in the SVSR until January 2, 2006.
This letter identifies amendments that may affect your business. For a complete list of the changes, please consult sec. 23.05, Madison General Ordinances. As indicated above, it is your responsibility to submit the required paperwork to qualify for the exemptions. Failure to do so will result in a complete smoking ban at your establishment, restaurant or tavern. To assist in qualifying for the exemptions, enclosed is a sample diagram of a full service bar area. On the back of the Restaurant/Tavern Alcohol Beverage and Food Sales Report is a form that you can use to diagram the interior of your establishment showing the full service bar, full service bar area and their relationship to your dining area(s). Please indicate approximate area size.
The signage provisions of the ordinance remain the same: signs prohibiting, prohibiting except in designated areas, or permitting smoking, as the case may be, shall be posted conspicuously in your establishment. Restaurants and taverns shall post, in a conspicuous place at each entrance normally used by the public, a sign not smaller than 8-1/2" x 11" indicating whether they permit smoking or whether they are smoke free. Each sign shall contain the phone number for the City health department and the non-emergency number for the City police department.
For a complete copy of the changes to the ordinance see the Madison Department of Public Health's (MDPH) website at www.cityofmadison.com/health. The MDPH will begin to enforce these new provisions after January 10, 2003. Violations will result in orders of noncompliance followed by referral to the City Attorney's Office for prosecution.
If you have any questions, you may contact Doug Voegeli at the Madison Public Health Department, 294-5338.