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HomeMy WebLinkAbout1994-06-14 - AGENDA REPORTS - TOBACCO CONTROLAGENDA REPORT Michael P. Murphy UNFINISHED BUSINESS DATE: June 14, 1994 SUBJECT: Tobacco Control Ordinance -No. 94-8 DEPARTMENT: Management Services On May 24, 1994, the City Council introduced and conducted first reading of proposed Ordinance 94-8which regulates the use and sale of tobacco products within the City of Santa Clarita. The proposed ordinance regulates smoking in municipal facilities, work places, and public places. The ordinance requires that restaurants post their smoking policy in a conspicuous location, visible to the exterior. Finally, the ordinance prohibits vending machine sales of tobacco products. The effective date of the ordinance is August 1, 1994. City staff intends to conduct an extensive public outreach program prior to the effective date of the ordinance. Conduct second reading and adopt Ordinance . 94-8 ATTACHMENT Ordinance No. 94-8 MPM.tcord948.agd Adopted: c. — I L4 — g �, Ati�cBlr. s L.AX:73295.4 ORDINANCE NO. 94-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE TO ADD A NEW CHAPTER 9.50 TO TITLE 9, HEALTH AND SAFETY, ENTITLED "TOBACCO CONTROL" THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 9.50, entitled "Tobacco Control" is hereby added to Title 9, Health and Safety, of the Santa Clarita Municipal Code to read as follows: "Chapter 9.50 TOBACCO CONTROL Sections• 9.50.010 Purpose. 9.50.020 Definitions. 9.50.030 Prohibition of Smoking in City Buildings and City Facilities. 9.50.040 Prohibition on Smoking in Workplaces. 9.50.050 Smoking in Public Places. 9.50.060 Posting of Signs. 9.50.065 Tobacco Vending Machines Prohibited. 9.50.070 Violations --Penalties. 9.50.010. Purpose. A. The City Council finds that numerous studies have shown that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a significant health hazard for several population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. B. Health hazards induced by breathing secondhand smoke also include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm. Nonsmokers who suffer allergies, respiratory diseases and other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of such adverse reactions. C. The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug, or cancer-causing product or drug is sold through vending machines. Further, the U.S. Secretary of Health and Human Services, the U.S. Surgeon General and leading voluntary health organizations all recommend the elimination of cigarette vending machines for health reasons. D. For all of these reasons, the City Council finds that the provisions of this Chapter 9.50 are essential to protect the public health, safety and welfare. 9.50.020. Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. 'Bar' means premises licensed, with any type of license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises. Food products may be sold or served incidentally to the sale or service of alcoholic beverages. B. 'Enclosed area' means all space between a floor and ceiling which is enclosed on all sides by solid walls. Said walls may be penetrated by windows, doors, or passageways. C. 'Home occupation' means any use within a dwelling which has been issued a valid home occupation permit by the City of Santa Clarita. D. 'Incidental food sales/service' means the sale or service of food products in a bar if said sales/service constitutes less than 25% of the annual gross income of the bar, an amount higher than 25% of sales/service of food products constitutes a premises other than a bar. E. 'Public place' means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, shopping malls, laundromats, public transportation facilities, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters and waiting rooms. F. 'Restaurant' means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals. L4X:93295.4 -2- G. 'Retail tobacco store' means a retail utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. H. 'Separate ventilation system' means a system which is exhausted to the outside and negatively pressurized. I. 'Smoke or smoking' means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or plant in any manner or in any form. J. 'Tobacco Vending Machine' means any machine or device designed for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks or slugs. K. 'Workplace' shall mean any enclosed area which is normally occupied by two or more employees of a commercial enterprise, nonprofit entity, or the City of Santa Clarita; or any office that shares a heating, ventilation and air conditioning system with a workplace. 9.50.030. Prohibition of Smoking in City Buildings and City Facilities. Without any limitation on Section 9.50.040, it is unlawful for any person to smoke within any portion of the Santa Clarita City Hall structure which is reserved for City functions or business, or any other City facilities, out buildings or satellite offices, except where specifically designated. 9.50.040., Prohibition on Smoking in Workplaces. A. Smoking is prohibited and is unlawful in all workplaces of commercial enterprises, nonprofit entities and all City -owned and managed buildings and vehicles, including but not limited to open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms and auditoriums. B. Onsite workplace cafeterias, lunchrooms, and lounges shall be deemed workplaces and smoking prohibited, whether or not such facilities are open to members of the general public. C. Each commercialenterprise, nonprofit entity and the City shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and 'No Smoking' signs shall be posted in the manner prescribed in Section 9.50.060. ux:73295.4 -3- D. Notwithstanding this section, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a child care or health care facility licensed pursuant to applicable state law. 9.50.050. Smoking in Public Places. A. Except as otherwise provided, it is unlawful for any person to smoke in any public place within the City of Santa Clarita. B. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this section: 1. Private residences, except when used as a child care or health care facility licensed pursuant to applicable state law. motels. 2. Dwellings used for home occupations. 3. Retail tobacco stores. 4. A maximum of 50% of the guest rooms in hotels and 5. Bars. 6. Conference, banquet or meeting rooms of private clubs or fraternal organizations when used exclusively by members or guests of the clubs or organizations. Such clubs and organizations shall designate, and make available to their employees, non-smoking areas. 7. An enclosed place of employment which employs only the owner and no other employee, provided that: (a) the place of employment is not a public place; and (b) the enclosed area containing the place of employment has a separate ventilation system and does not share a ventilation system with any other enclosed place of employment or public place. 8. Restaurants. C. The owner of any area exempted from the provisions of this section by subsection B of this section may nevertheless designate such an area as a non-smoking area. If such an area is wc:73295.4 -4- so designated, it is unlawful for any person to smoke in such an area. 9.50.060. Posting of Signs. A. Every owner, operator, manager, or other having control of an enclosed area regulated by this chapter shall conspicuously post at all exterior entrances to the enclosed area a 'No Smoking' sign or the international 'No Smoking' symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it). B. Every owner, operator, manager, or other person having control of a restaurant excepted from regulation by this chapter shall conspicuously post, visible at all exterior entrances to the enclosed area, signs indicating that the restaurant allows smoking or does not allow smoking, or does not allow smoking in certain portions of the restaurant. Said posting shall include a written description of the smoking policy in effect in said restaurant. 9.50.065. Tobacco Vending Machines Prohibited. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or appliance, or any other device designated or used for vending purposes. 9.50.070. Violations -- Penalties. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of an infraction and shall be punished in accordance with Section 1.01.200 of this code. The City Manager and City Code Enforcement Officers of the City are authorized and directed to enforce the provisions of this Chapter 9.50." SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. LAX:73295A -5- SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. The provisions of this ordinance shall be effective on August 1, 1994 at 12:01 a.m. PASSED AND APPROVED this day of ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. MAYOR 19_ I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1 19_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES., COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK LAX:73295.4 -6-