After eight months of debate, a City Council committee yesterday approved a sweeping anti- smoking bill that would ban smoking in the dining areas of all restaurants that seat 35 or fewer people, and add new restrictions in the workplace.
The approval was expected, but that did not prevent lobbying by both sides in nearly two hours of testimony that preceded yesterday's vote in a Council chamber packed with cheering and jeering onlookers.
"We have shaped and massaged this bill into a version I think everyone will be able to live with," said Enoch H. Williams, chairman of the committee. "I think we went as far as we could go without jeopardizing the health of the people in this city."
Mayor Rudolph W. Giuliani, speaking to reporters yesterday, said that health officials in his administration believed the Council bill was not restrictive enough. But he said the Council had "engaged in a good-faith process of trying to analyze" the issue. Aides to Mr. Giuliani said that the Mayor probably would sign the bill.
The bill has been vigorously opposed by the tobacco industry and some business groups, who say that the measure deprives people of the right to smoke and that it could lead to a downturn in the restaurant and tourism industries. At one point, Philip Morris, the world's largest cigarette maker, said it would consider moving its headquarters outside of New York City if the measure passed.
Since then, the restrictions in the bill, which was sponsored by Council Speaker Peter F. Vallone, have been loosened significantly. Still, the bill would be far tougher than the current law, banning smoking in virtually all public places, including outdoor sports stadiums, zoos and bingo parlors.
The vote by the Council's Health Committee was 8 to 0. The measure will be voted on by the full Council on Dec. 21.
Although most Council members contended that they expected the measure to pass easily, some opponents said they would not abandon their fight to have the measure defeated.
"It's difficult to be optimistic, but we're going to continue to urge the Council," said William J. Althaus, chairman of the board of the National Smokers Alliance, a nonprofit organization of smokers. Mr. Althaus said his organization planned another advertising campaign urging people to write or phone their Council members.
While the bill has gone through repeated revisions, Mr. Vallone last week released another version, saying that it was likely to be the final one. But there have even been modifications since then, with the latest version having a formula that would allow restaurants to have a few more seats in their bar areas, the only section of a restaurant where smoking would be permitted under the bill.