HomeMy WebLinkAboutCOW Agenda Item IV (02/12/2008)
Mount Prospect
Village of Mount Prospect
Mount Prospect, Illinois
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INTEROFFICE MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: MICHAEL DALLAS, ADMINISTRATIVE ANALYST
DATE: FEBRUARY 8,2008
SUBJECT: CLEAN AIR REGULATIONS
PURPOSE
To obtain the Village Board's approval to replace Chapter 19, Article VIII, of the municipal code,
entitled "Clean Air Regulations" with a revised version that primarily regulates the placement,
installation, and use of smoking shelters, as well as prohibits smoking on public usage property.
BACKGROUND
On January 1, 2008, the Smoke Free Illinois Act (hereinafter referred to as "Act") began regulating
smoking in public places, place of employment, and governmental vehicles. Effectively, the Act
replaces the Village's "Clean Air Regulations" ordinance because it is generally considered as or
more restrictive than the Village's ordinance.
SmokinQ Shelters
Notably, though, the Act fails to expressly regulate the construction, installation and use of smoking
shelters. As a result, some businesses throughout the Chicago metropolitan area are in the process
of or have already purchased and installed a shelter outdoors to permit their employees or
customers to smoke outside, protected from the weather. See Exhibit A for a recent newspaper
article and restaurant publication. Typically, shelters are covered structures on three or more sides,
constructed out of various types of materials, have an attached counter and/or seating, and employ
lighting and heaters. See Exhibit B for examples of smoking shelters in the area.
Here locally, the Village has received a few inquiries from business owners regarding whether these
types of shelters conform to the Village's municipal code and state smoking law, and whether they
can install one. In fact, the Village recently discovered that a few local restaurants had installed
shelters, partially or fully constructed of a tent-like material, without the express written permission of
the Village. Since smoking is not permitted in tents, the Village directed the restaurants to
disassemble the shelters.
DISCUSSION
The recent inquires and actions from business owners prompted staff to survey other municipalities
throughout the Northwest Municipal Conference to determine whether they are regulating smoking
shelters. The Villages of Schaumburg and Vernon Hills were the only municipalities that
affirmatively responded to the survey. See Exhibit C and D to examine their ordinances. A few
others expressed interest in regulating the shelters in the future.
Despite the survey results, staff firmly believes that smoking shelters can pose a significant risk to
the community if not properly regulated. Currently, zoning, building, and fire codes do not expressly
address the construction and installation of smoking shelters and their intended use. In order to
HWILM\lntern\MDallas\Smoking Ordinance\Smoking Shelters\COW Meeting - 2.12.08\Smoking Shelter Ordinance Support Memo.doc
Revised Clean Air Regulations
February 8, 2008
Page 2
address these concerns for safety and placement, Village staff drafted an ordinance to regulate
them. See Exhibit E.
In summary, the draft ordinance regulates the following:
1. Location:
a. Detached from any other building;
b. Same premises as the business;
c. On an approved surface;
d. Not less than 15 feet from entrance, exit, open window, or ventilation intake;
e. 10 feet from lot line;
2. Construction Requirements:
a. Maximum size is 150 square feet;
b. Must have one permanent opening (minimum 80" inches high by 60" inches wide);
c. Made of non-combustible material;
d. Comply with all applicable zoning, building, and fire codes;
3. Attachments/Furnishings:
a. Permitted:
1). Lighting devices (must be a UL device; hard-wired and installed/operated by
manufacture's instructions);
2). Electrical heating devices (must be a UL device; hard-wired and
installed/operated by manufacture's instructions);
3). Tobacco receptacles (2);
b. Not permitted:
1). Tables;
2). Chairs/Seating;
3). Bar Counters;
4). Signs;
5). Other mechanical or electrical devices, such as televisions and generators.
4. Use:
a. Smoking only;
b. No service or consumption of food/beverage.
Revised Clean Air Regulations
February 8, 2008
Page 3
On Tuesday, February 5, 2008, Village staff met with restaurant owners/managers to discuss the
ordinance's purpose and requirements, and respond to any comments or suggestions. The
following businesses were represented at the meeting:
· Bogies Ale House
· Famous Freddie's
· Pap's Bar and Grill
· Prospect Moose Lodge
The businesses' primary concerns were (1) adding heat to the shelters; (2) increasing the size of the
shelter; and (3) eliminating the "four-sided" shelter requirement. While balancing the concerns for
safety and appearance, staff agreed and revised the ordinance to reflect the business's needs. The
revisions, already noted above in the ordinance summary, include:
1. Permission to install UL approved electrical heating fixtures;
2. Increased the maximum size of the shelter from 60 square feet to 150 square feet;
3. Eliminated any reference to number of sides of a shelter, but specified the permanent
opening must be no less than 80" inches high and 60" inches wide.
Public Usaqe Property
Since the Smoke Free Illinois Act fails to prohibit smoking on public property like train platforms, bus
shelters, and municipal parking facilities, language was added to the draft ordinance. See Exhibit E.
RECOMMENDATION
Since the Smoke Free Illinois Act is generally considered as or more restrictive than the Village's
"Clean Air Regulations," it is prudent to delete all of the Village's original language prohibiting indoor
smoking. Nevertheless, since the state failed to expressly regulate smoking shelters and other
public usage property, staff recommends amending the "Clean Air Regulations" with the language
identified in the draft ordinance. The ordinance addresses staff's concerns regarding the safety and
placement of smoking shelters, while balancing the needs of businesses to provide their employees
and/or customers a place to smoke outdoors in a semi-protected environment. Additionally, the
ordinance maintains smoking regulation of public usage property (train platforms, bus shelters, and
municipal parking garages) that the Village previously deemed prohibited under the original
ordinance.
Staff recommends the Board adopt the amended version of the "Clean Air Regulations."
c: Dave Strahl, Assistant Village Manager
Bill Cooney, Community Development Director
EXHIBIT A
Thank you for smoking --in a hut -- chicagotribune.com
Page 1 of3
www.chicagotribune.com/news/chi-smoking-shackjan29.O.21 08731.story
chicagotribune.com
Thank you for smoking --in a hut
Companies, eateries spend thousands on shelters to give bit of comfort to banished
workers, customers
By Liam Ford
TRIBUNE REPORTER
January 29, 2008
As employees at a neighboring business bolted for their cars or braved the blustery January weather to
light up, workers at a Schaumburg company packed into what looked like two oversize bus shelters and
pulled out their cigarettes.
With a new state law restricting smoking breaks for most workers to the bracing outdoors, THK
America Inc. has joined a small but growing number of companies offering .employees a legal, albeit
cramped, place to take a drag.
"We always huddled in the doorway," said Colleen Griffiths, an executive secretary, joining about a
half.dozen co-workers in the larger of the two shelters. "Now we huddle in here."
Also called huts or shacks, these often architecturally challenged, sometimes heated outposts can cost
nearly $5,000 apiece or more. Many resemble the glass-walled shelters at O'Hare International Airport,
which has long banned smoking indoors.
State regulators have yet to issue clear rules about how the ban is to be implemented, but local
ordinances that were stricter than the new Illinois law can remain in effect.
So villages such as Schaumburg, which already had tough anti-smoking laws on the books, were already
regulating smoking shelters.
Some other communities where the local laws were less strict have delayed adopting similar smoking-
shelter ordinances until fmal rules are issued by the Department of Public Health.
But officials said most shelters should be acceptable, as long as they're not enclosed.Manufacturers of
smoking shelters expect many more to pop up as companies try to satisfY their smoking workers.
The shelter manufacturers won't release numbers but said their business has soared.
One leading supplier, Tafco Corp. of Melrose Park, estimates that Illinois orders for shelters have
doubled.
"1 think right now, a lot of people are scrambling because they didn't think it would come to fruition, and
now they realize that they have to put the smokers somewhere," said Frank Tortorella Jr., president of
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Thank you for smoking --ii, w hut -- chicagotribune.com
Page 2 of3
Tafco.
His isn't the only company that reports a jump in sales.
"Our business does increase every year, as the smoking laws change," said Linda Byam, spokeswoman
for Duo-Gard Industries Inc. of Canton, Mich.
The company supplied the shelters at East Peoria's Par-A-Dice Casino and is one of the country's largest
manufacturers of smoking shelters.
In Schaumburg, restaurants began putting up shelters soon after the town's ban went into effect Jan. 2,
2006; some had to modify designs to create free-standing shelters without doors.
"It took almost a year to put up these two shelters," said Mac Sugita, general manager at the
Schaumburg headquarters ofTHK America, a manufacturer of precision parts for such uses as
helicopters and earthquake-proofing. "We were joking and said, 'Well, by spring, we should have it
ready. III
With their glass sides and nicotine-stained white domed tops, the THK shelters hold more than a dozen
people and have ventilation fans that blow smoke out over a snow-covered lawn. A large opening in one
side could accommodate a door, but that won't happen: State law doesn't allow smoking in any enclosed
structures at workplaces.
So far, THK is one of two companies in Schaumburg to get a permit for a smoking shelter. HSBC on
Tower Road is the other.
Moretti's Ristorante & Pizzeria in Schaumburg finally received approval this month for a shelter, its
second try.
The restaurant had attached an elaborate shelter to its building after Schaumburg's smoking ban. But
village officials made the restaurant owners take it down, deciding the shelter should be free-standing
and only used for smoking -- not as a semi-enclosed patio.
"They were trying to make little tiny restaurants," with everything from table service to television sets,
said Schaumburg Village Manager Chris Huff. "That's not the intent of smoking shelters."
Although Schaumburg has banned patrons from bringing food or drink into the huts, smokers at least
won't freeze.
Restaurant Finn McCool's, which has a heated shelter, and Moretti's are owned by Ala Carte
Entertainment. Reaction has been excellent, said Jim Earley, general manager at Ala Carte.
Such shelters can be expensive. Although Earley wouldn't say how much his company spent, it cost
$20,000 for THK to install its two modest huts.
And Boyd Gaming, which runs the Par-A-Dice, spent $100,000 for six shelters -- four for customers and
two for employees, said Chris Corrado, general manager.
Bare-bones huts can cost less than $2,000 for a 4-foot-square bus-stop style.1n other states, fully
enclosed plexiglass structures are heated and ventilated, and are separated from main buildings at
workplaces.
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Thank you for smoking --in a hut.. chicagotribune.com
Page 3 on
The huts have become more ornate over the years, with some models using ornamental metal and etched
glass or even gabled roofs.
With such add-ons as ventilation, solar-charged lights and heat lamps, even a small shelter can cost as
much as $30,000, Tafco's Tortorella said.
But even with heat and other upgrades, bad weather seems to cut down on the traffic, said Corrado, of
the Par-A-Dice.
"Clearly when conditions get to negative [degrees], let's face it, it can be challenging," he said.
Although some health advocates might blanch at the very idea of the huts, those who use them point to
one undeniable benefit: They help keep smokers away from non-smokers.
IfQrd@tribune.com
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EXHIBIT B
Village of Mount Prospect
Mount Prospect, Illinois
SMOKING SHELTER EXAMPLES
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EXHIBIT C
VILLAGE OF VERNON HILLS SMOKING SHELTER ORDINANCE
Sec. 26-7. Places where smoking is not regulated.
Notwithstanding any other provision in this chapter to the contrary, the following areas
shall be exempt from the provisions of this chapter:
(9) Within an outdoor covered shelter provided the shelter complies with one of the following
design options:
(A) Design option I.
(i) The shelter has openings that lead directly to the outdoors with said openings having the
equivalent area corresponding to a minimum of 30 percent of the total wall area of the enclosed
space (all four sides);
(ii) The openings lead directly to the outdoors except that optional, fixed or retractable plastic,
vinyl, or canvass covers may be used in inclement weather to temporarily protect users within.
Prefabricated window units with moveable sashes are not permitted;
(iii) At least two of the shelter walls must include a percentage of the required openings;
(iv) If the shelter itself is enclosed within 15 feet from a public entrance, then the designated
smoking area within the shelter is located a minimum of 15 feet from a public entrance;
(v) If the shelter is located on a site where food/beverage service is offered, no wait service is
allowed within the shelter area when the minimum required exterior openings are covered;
(vi) Except for the required exterior openings and optional fixed or retractable covers, the
shelter must be constructed of durable, weather-resistant, and washable building materials
including, but not limited to, rigid plastic, canvass, vinyl, aluminum, glass, or masonry;
(vii) The shelter complies with all applicable architectural appearance, zoning, and
development ordinances and, structural building codes as determined by the building
commissioner.
(8) Design option II.
(i) The shelter is not larger than 180 square feet in area;
(ii) The shelter has openings that lead directly to the outdoors with said openings having the
equivalent area corresponding to a minimum of ten percent of the total wall area of the enclosed
space (all four sides);
(iii) The openings lead directly to the outdoors except that optional, fixed or retractable plastic,
vinyl, or canvass covers may be used in inclement weather to temporarily protect the users.
Prefabricated window units with moveable sashes are not permitted;
(iv) At least two of the shelter walls must include a percentage of the required permanent,
unobstructed openings;
(v) The designated smoking area within the shelter is located a minimum of 15 feet from a
public entrance;
(vi) Except for a bench, no tables, chairs, or food/beverage service is allowed within the
shelter;
(vii) the shelter must be constructed of durable, weather-resistant, and washable building
materials including, but not limited to, rigid plastic, canvass, vinyl, aluminum, glass, or masonry;
(viii) The shelter complies with all applicable architectural appearance, zoning, and
development ordinances and, structural building codes as determined by the building
commissioner.
(10) Village property, including municipal golf courses, the Arbor Theatre, and the Vernon Hills
athletic facility, and excepting enclosed buildings, vehicles, and unenclosed buildings where
smoking is specifically prohibited.
(Ord. No. 2006-42, S 2,7-18-06; Ord. No. 2006-74, S I, 12-19-06)
EXHIBIT D
PUBLICATION OF:
ORDINANCE NO. 07-122
AN ORDINANCE GRANTING AN AMENDMENT TO MUNICIPAL CODE I TITLE 15, CHAPTER
154, SECTIONS 154.27 AND 154.54/ SMOKING SHELTERS
CASE NO. Z0706-07
ADOPTED: AUGUST 14,2007
PUBLISHED IN PAMPHLET FORM PURSUANT TO AUTHORIZATION AND DIRECTION
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SCHAUMBURG
ON AUGUST 15,2007
ORDINANCE NO. 07-122
AN ORDINANCE GRANTING AN AMENDMENT TO THE MUNICIPAL CODE /
AMENDMENT TO MUNICIPAL CODE / TITLE 15. CHAPTER 154. SECTIONS 154.27 AND
154.54/ SMOKING SHELTERS
CASE NO. Z0706-07
WHEREAS, the Zoning Board of Appeals of the Village of Schaumburg conducted a public hearing on
July 18,2007 to consider a request for an amendment to the municipal code! title IS, chapter 154, sections 154.27
and 154.54 / smoking shelters, Case No. Z0706-07; and
WHEREAS, the President and Board of Trustees of the Village of Schaumburg have determined that
granting of said amendment to the municipal code/ title 15, chapter 154, sections 154.27 and 154.54 / smoking
shelters is in the best interest of the Village; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF SCHAUMBURG:
SECTION ONE: That Title IS, Chapter 154, Sections 154.27 And 154.54/ Smoking Shelters, be and it is
hereby amended to read as follows:
fi 154.27 DEFINITIONS.
SMOKING SHELTER. An attached or detached accessory structure, enclosed or semi-enclosed on not more than
three (3) sides, and is designated solely for the purpose of smoking legal tobacco products.
~ 154.54 SMOKING SHELTERS.
(A) Smoking shelters shall require review as stipulated by Sections 154.46 and 154.51 of the Zoning Code, and
shall abide by design standards for each zoning district as set forth in the Zoning Code and Village Comprehensive
Plan. Smoking shelters should be constructed of a material and design consistent with the main building to appear
as part of the main building. In cases where a shelter is not located adjacent to the main building, the shelter should
be designed and located to blend with and be compatible with the site layout for the property. Smoking shelters
shall not be located within surface parking areas. If located within the Woodfield Regional Center, the smoking
shelter shall abide by the design guidelines established for the Regional Center. Smoking shelters shall be
prohibited on properties with commercial retail uses, except where retail uses are ancillary to the principal use of
the property.
(B) The smoking shelter may have three (3) solid or semi-enclosed sides as defined in Chapter 95.16 of the Clean
Indoor Air Ordinance. The fourth (4) side shall remain open at all times.
(C) The entire smoking shelter shall be a minimum of fifteen (15) feet from any entry door, operable window,
outdoor eating areas and ventilation intakes that serve an enclosed area where smoking is prohibited.
(D) The smoking shelter shall comply with all applicable building and fire code regulations.
(E) The smoking shelter may contain a heating unit, providing it complies with building and fire code regulations;
and permit approval has been granted.
ORDINANCE NO. 07-122
AN ORDINANCE GRANTING AN AMENDMENT TO THE MUNICIPAL CODE
TITLE 15. CHAPTER 154. SECTIONS 154.27 AND 154.54/
SMOKING SHELTERS
CASE NO. Z0706-07
(F) New construction of a smoking shelter requires a building permit.
(G) The smoking shelter shall be restricted to containing a minimum of one ashtray for disposal of tobacco waste.
Food, drink, and other furnishings shall be prohibited.
(H) Maintenance of the smoking shelter shall be the responsibility of the owner of the property.
SECTION TWO: This ordinance shall be in full force and effect from and after its passage, approval, and
publication in pamphlet form and posting in the manner provided by law.
AYES: (6) Trustee Curcio, Connelly, Dailly, Dunham, Sullivan, Madej
NAYS: (0) None
ABSENT: (0) None
ADOPTED this 14m day of August, 2007.
~*OAA') -
Village President
ATTEST:
CJ:11g , ) r . ~ _l/( {!y./
Villa Clerk
APPROVED AS TO FORM:
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Assi t Village Attorney
2
C:\DOCUME-lImIwTlLOCALS--IITemp\20070718 Z0706-07 Amencln,cnt to Me _ins Shollcr.iIoo
l.ut printed 8/1512007 1:46 AM
EXHIBIT E
AN ORDINANCE
REGULA TING THE INST ALLA TION OF SMOKING SHELTERS AND PROHIBITING
SMOKING ON PUBLIC USAGE PROPERTY
IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of
Article VII Section 6 of the Constitution ofthe State of Illinois; and
WHEREAS, the Village has authority and power to regulate for the protection of the public
health and welfare; and
WHEREAS, pursuant to the provisions of 65 ILCS 5/11-19 1-1-11 the Corporate Authorities of
the Village have the authority to prescribe by ordinance the regulation of the use of lands connected with
the emission of air contaminants and may abate operations activities or uses causing air contamination;
and
WHEREAS, the President and Board of Trustees have discovered that business owners
throughout the Chicago metropolitan area, in response to the municipal and state regulation of smoking
indoors and outdoors within 15 feet of any entrance, exit, open window, or ventilation intake that serves
an enclosed area, are proposing or have already installed temporary or permanent smoking shelters
adjacent to their facility; and
WHEREAS, the health and safety of the community is at risk due to the type of materials used to
construct these shelters and the mechanical and electrical devices installed to light, heat, and entertain it;
WHEREAS, the smoking shelters' design and installation are often inconsistent with the
business facility's appearance, as well as the appearance and character of the neighborhood; and
WHEREAS, a potential risk exists that the smoking shelter may be used as an outdoor lounge for
consuming food and liquor.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT ACTING IN THE EXERCISE OF
THEIR HOME RULE POWERS:
SECTION ONE: Chapter 19, Article VIII, entitled "Clean Air Regulations," of the Mount
Prospect Village Code shall hereby be amended by deleting the current Article VIII and substituting a
new Article VIII to read as follows:
ARTICLE VIII
Sec. 19.801 TITLE
This article shall be known as CLEAN AIR REGULATIONS and shall be in addition to the provisions of
any state or federal legislation. (Ord. 5607, 1-2-2007, eff. 3-15-2007).
H:\VILM\lntern\MDallas\Smoking Ordinance\Smoking Shelters\COW Meeting - 2.12.08\Smoking Shelter Ordinance V5.0 - Exhibit E.doc
Sec. 19.802 DEFINITIONS
SMOKING: The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other
similar object. (Ord. 5607, 1-2-2007, eff. 3-15-2007).
SMOKING SHELTER: A structure that is designated by a business owner to be used solely for the
purpose of smoking legal tobacco products.
Sec. 19.803 PUBLIC USAGE PROPERTY:
Smoking on or in any train station, platform or bus shelter owned or used by any public transportation
agency or in any municipal garage is prohibited.
Sec. 19.804 SMOKING SHELTERS
A. A smoking shelter shall be designed, constructed, and installed according to the following
requirements:
1. The shelter must be detached from any other building.
2. The shelter may be no larger than one hundred fifty (150) square feet.
3. The shelter must have at least one permanently clear opening that is not less than eighty inches
(80") in height and sixty inches (60") in width.
4. Materials used to construct the shelter must be non-combustible, as defined by the International
Building Code.
5. The shelter may utilize UL approved outdoor lighting fixtures and UL approved electrical heating
fixtures. Such fixtures shall be hard wired and installed and operated according to manufacturers
specifications. The shelter may not contain any other electrical devices or any other mechanical
devices, such as televisions or generators.
6. Tables, chairs, bar counters, signs, or any other type of furnishings, other than up to two
receptacles for disposal of tobacco waste, are prohibited.
7. The shelter and any lighting devices must be constructed and installed in accordance with the
Village's zoning, building and fire codes.
8. The construction and installation of the shelter must also adhere to all applicable load
requirements as set forth by the International Building Code.
B. A smoking shelter may be located only as follows:
1. On the same premises as the business whose patrons it serves.
2. On an approved surface.
3. Not less than fifteen (15) feet from any entrance, exit, open window, or ventilation intake that
serves an enclosed area where smoking is prohibited.
H:\VILMllntem\MDallas\Smoking Ordinance\Smoking Shelters\COW Meeting - 2.12.08\Smoking Shelter Ordinance V5.0 - Exhibit E.doc
4. The shelter must be set back at least ten (10) feet from any lot line.
C. The service and/or consumption of any drinks or food in the smoking shelter are strictly prohibited.
D. The installation and modification/remodeling of a smoking shelter requires a building permit. A non-
refundable fee is required for the initial permit application. An additional fee is required for each
subsequent modification/remodeling permit. These fees shall be in the amount set forth in Division
II, Appendix A of this Code.
E. Maintenance of the smoking shelter is the responsibility of the property owner.
Sec. 19.805 PENALTY
Any person violating any provisions of this article shall be subject to a fine as set forth in Appendix A,
Division III of this Code. If the premises is licensed for the service of alcoholic beverages and an
alcoholic beverage is served or consumed in the smoking shelter, it shall be a violation of the liquor
license.
SECTION 2: Appendix A, Division II shall be amended by adding the following to Chapter 19:
Sec. 19.804 SMOKING SHELTERS:
D. Nonrefundable Fee: $250.00
Each subsequent modification/remodeling permit: Fee $50.00
SECTION 3: Appendix A, Division III shall be amended by adding the following to Chapter 19:
Section 19.805 PENALTY
Fine: $
SECTION 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2008
Irvana K. Wilks, Mayor
ATTEST:
M. Lisa Angell, Village Clerk
H:IVILMllnternlMDallaslSmoking OrdinancelSmoking ShelterslCOW Meeting - 2.12.08ISmoking Shelter Ordinance V5.0 - Exhibit E.doc