Update — The Owensboro City Commission has removed consideration of an amended smoking ordinance from the agenda of their special called meeting set for Tuesday afternoon. It was removed Monday following the announcement from Churchill Downs Incorporated (CDI) that the company had secured a site to build an Ellis Park extension facility in eastern Daviess County, outside of city limits. CDI said they nixed plans to use Towne Square Mall after the City Commission “rejected” the company’s proposal and “were not willing to reconsider at that time.” The City announced Friday they were holding the special called meeting, with the main agenda item being about reconsidering the ordinance.
—
Original story — An amendment to the City of Owensboro’s smoking ordinance is back on the table for consideration, as it’s on the agenda for a special called City Commission meeting at 5 p.m. Tuesday. Even if the amendment eventually passes, there’s been no guarantee so far that Churchill Downs will move forward with an Ellis Park expansion facility in Towne Square Mall.
The amendment was initially introduced on March 7 as a way to allow Churchill Downs’s potential Ellis Park location to permit smoking — as requested by the business.
“Churchill explained that they believe the ability to smoke at the facility is integral to its success,” City Manager Nate Pagan said at the time. “In discussions about the issue, the Board of Commissioners seemed open to their request. As a result, staff began negotiating with Churchill Downs about potential changes to the smoking ordinance.”
The Commission heard a second reading at their March 21 meeting, but agreed to indefinitely postpone a vote on whether to adopt the amendment. (Editor’s note: The Commission at that time still included Larry Maglinger, who died in late April. Sharon NeSmith was chosen to fill that seat in the interim.)
As first reported by Owensboro Times, Churchill Downs has since decided to cease development at the former JCPenney’s location. Despite specific questions from OT about why Churchill Downs was no longer pursuing the expansion to the mall, company officials did not provide a reason.
However, City Commissioners later implied that it was because of the smoking ordinance, adding they were not shocked by the news.
Churchill officials have not responded to questions regarding whether they would continue forward with the expansion to the mall if the City does adopt the amendment.
Pagan said that the ordinance amendment has not changed since the vote was postponed, adding there was no edit to the criteria because the postponement at the March was about the amendment as a whole, not the specifics.
“No one really objected to those terms, rather whether to do it or not to do it altogether,” Pagan said.
The ordinance, which can be read in its entirety here, would permit smoking to occur in an enclosed public area, provided the designated smoking-permitted area is segregated from the non-smoking area.
The amendment states that this would only be allowed in certain projects that meet the following criteria:
- The project or site must have at least 50,000 square feet of space and represent a capital investment of at least $30 million.
- Smoking would only be allowed in a limited portion of the space which is not to exceed 15% of the total space accessible to the public.
- The smoking area must be partitioned with a full wall and a vestibule or double doors between smoking and non-smoking areas.
- A separate air purification system is required.
- The location must not allow patrons under the age of 18.
No action can be taken Tuesday because it will only be the first reading of the amendment. It could have a second reading at the June 20 Commission meeting and could be voted on then.
