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Home My WebLink About1994-01-11 - AGENDA REPORTS - TOBACCO CONTROL (2)AGENDA REPORT Cit ager Approval item to be presented by: UNFINISHED BUSINESS Mike Murphy MN DATE: SUBJECT: DEPARTMENT: BACKGROUND January 11, 1994 Tobacco Control Management Services At the regular meeting of December 14,1993, the City Council introduced and conducted the first reading of Ordinance 93-20, the Tobacco Control Ordinance, The proposed ordinance contains provisions regulating smoking in municipal facilities, work places, public places, and restaurants. The ordinance also prohibits vending machine sales of tobacco products within the City. Should Ordinance 93-20 be adopted at the meeting of January 11, 1994, its effective date will be February 10, 1994, It is the intent of staff to conduct an extensive public outreach effort during the period between the time the ordinance is adopted and its effective date. RECOMMENDATION Conduct second reading and adopt Ordinance 93-20. ATTACHMENT Ordinance 93-20 Continued To: MPM.tc0II1.ord Agenda Itern:_j ORDINANCE NO. 93-20 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 Section$: 9.50.010 Purpose. 3.50.020 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, plwvwlf� �!T� - �Z 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. 13. 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 1,AY:13295.1 -- breathing secondhand smoke may experience a lose of job productivity or may he 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 organizationB 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 phraBee, whenever used in this chapter, shall be construed as defined in this section: A. 'Bar' meane premises licensed, with any type of license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption oil 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, docral 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 Bale or service of food products in a bar if said sales/service constitutes less than 25t of the annual gross income of the bar, an amount higher than 25%, of salea/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, Bhopping malls, laundromats, public transportation facilities, reception areas, reetaurante, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters and waiting rooms. T,AX:73295.1 2- F. '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. G. 'Smoke or smoking, means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or plant in any manner or in any form. H. '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, hills, trade checks or slugs. I. '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. 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, restroorts, escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms and auditoriums. B. Onsite workplace cafeterias, lunchrooms, and lounges shall he deemed workplaces and smoking prohibited, whether or not such facilities are open to members of the general public. C. Each commercial enterprise, 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 mam-,er prescribed in Section 9.50.060. TAX:73295.1 , -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. Smokincr 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 he 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. 2. Dwellings used for home occupations. 3. Retail tobacco stores. 4. A maximum of 50V of the guest rooms in hotels and motels. 5. , Bars. 6. Conference, banquet or meeting rooms of private clubs or fraternal orgai ' iizationB 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-emoking areas. M 31IMMEM - 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 acroBB it). - I I . =714-90�z 305X� No cigarette or other tobacco product may he sold, offered for sale, or distributed by or from a vending machine or TAX;73295.1 -4- 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 he 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 he 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. 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. PASSED AND APPROVED this — day of ATTEST: CITY CLERK 1,AX;73295.1 , -5- , 19 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I , 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 1 19—. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of 19_, by the following vote, to wit: AYES: COUNCILMEI-MERS: NOES. COUNCILMEI-2ERS: ABSENT- COUNCILMEDSERS: CITY CLERK IAX:73295.1 - -6-