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05/01/1990, 1 - PROPOSED AMENDMENTS TO THE SMOKING ORDINANCE
city of San tuts OBISpo Maw-'i'90TV COUNCIL AGENDA REPORT ITEM NUMBER: FROM: -Jeffrey G. Jorgensen, City Attorney SUBJECT: Proposed Amendments to the Smoking ordinance CAO RECOMMENDATION: By motion, receive a report regarding alternatives for regulating smoking, and provide staff with direction as to preferred amendments to the smoking ordinance. DISCUSSION: At the March 6, 1990 Council meeting, Councilman Reiss presented a communication item to the Council requesting consideration of an amendment to the smoking ordinance to prohibit smoking in ". . . virtually all places of public assembly, including restaurants, retail stores, grocery stores, etc. . . . [with] . . . a possible exception for bars by themselves or when separated from a restaurant. . . ." The Council authorized staff to prepare a report on the options available, including information on smoking regulations adopted by other jurisdictions. Particular emphasis was placed on the regulation of smoking in restaurants. BACKGROUND: Current ordinance. The City's current smoking ordinance prohibits smoking in various public places, including elevators, museums, galleries, public transit facilities, service lines, health care facilities, city buildings, theaters, retail food markets, public restrooms, laundromats, and restaurants, subject to certain exceptions. Bars, retails stores other than markets, and offices are not regulated. Restaurants. The City's current regulations exempt restaurants having an occupied capacity of less than 50. Each restaurant with an occupied capacity of more than' 50 is required to provide, " . . . a part of the dining area sufficient to satisfy all public requests for seating in a nonsmoking area. . . . I i Agenda Report Page Two Other Jurisdictions A survey of other jurisdictions in California indicates that the City's current regulations concerning smoking in restaurants are generally consistent with regulations in other cities. (Attached for your information as Exhibit A, is a matrix of local smoking ordinances in California regulating restaurants. This matrix was prepared by Americans for Nonsmoker's Rights, and is current as of September 19, 1989. ) Staff has been unable to identify any local jurisdiction in California which has an absolute prohibition on smoking in restaurants. Typical provisions require designated areas with smoking areas not to exceed 50%, a size exemption, and an exemption for bars. This is consistent with the model ordinance endorsed by Americans for Nonsmoker's Rights. Beverly Hills In 1987, the City of Beverly Hills adopted a complete ban on smoking in restaurants, except in banquet rooms used for private functions, bars within eating establishments, and hotels. After an unsuccessful legal challenge and intense opposition, the smoking ban in restaurants was repealed and the City has gone back to allowing designated smoking areas, except in new construction, where separate rooms are required. (Excerpts from the Beverly Hills smoking ordinance are attached for your information as Exhibit B) . Aspen. Colorado Aspen, Colorado is often cited as having one of the strictest smoking ordinances in the nation. However, the Aspen ordinance exempts bars, exterior seating, enclosed rooms used for private functions, and physically separated dining areas not to exceed 50% of the restaurant. (Excerpts from the Aspen Colorado smoking ordinance are attached for your information as Exhibit C. ) Proposed Revisions Staff has prepared a legislative draft proposing various revisions to the smoking ordinance for Council consideration. (A copy of the legislative draft is attached as Exhibit D. ) The proposed revisions would accomplish the following: Restau ants. The exemption of restaurants with 49 or fewer seats would be eliminated, and smoking would be prohibited except in a separate room not to exceed 50% of the seating capacity of the restaurant. Bars, whether part of a restaurant or separate, would be exempt. /—7 Agenda Report Page Three Libraries. Smoking in libraries would be prohibited. Health Care. Facilities. The definition of health care facilities would be expanded, and smoking in private rooms would be prohibited unless all patients in the room are smokers and a prior request as part of the admission process has been made to be placed in a smoking room. Theaters. Smoking in the lobby of a theater would be limited to a contiguous area not to exceed 50%. Retail Stores. The prohibition on smoking would be extended to all retail establishments. Offices. Smoking would be prohibited in public areas of offices, such as professional offices, banks, hotels and motels. Miscellaneous. Other minor miscellaneous revisions have been made to correct errors and clarify the scope of the ordinance. CONCLUSION/ALTERNATIVES: The range of alternatives available to the Council is broad, from retaining the current ordinance, to the proposed legislative draft or some variation of it, to an outright ban on smoking in .restaurants and other public places. Council should give further direction concerning the scope of amendments it wishes to consider based on the material presented, including the following: 1. Whether additional public comment from affected parties should be solicited. 2. Whether exemptions should be granted to certain specific uses such as bars, either as part of or separate from a restaurant. 3. Whether there should be a minimum size exemption for restaurants. 4. Whether smoking should be permitted in restaurants where a separate smoking room can be provided, and under what conditions. 5. Any other issues of importance to the Council. /-3 1 Agenda Report Page Four _- FISCAL IMPACT: It is anticipated that the fiscal impact of amending the smoking ordinance will be minimal, as compliance has traditionally. relied primarily on public information and "self-enforcement. " However, additional staff time will be required for education and enforcement until the public becomes familiar with the new regulations. The amount of staff time required will depend upon the scope of the revisions ultimately adopted by the City Council. The Administration Department will have lead responsibility for implementing the new regulations. Given the high level of interest already shown in this matter, staff anticipates a fairly intensive investment of time during the first two to four months following implementation. Staff time will primarily be invested in publicizing the new regulations and resolving complaints. Based on experience in other cities, complaints and inquires will be fairly high during the early weeks following implementation and will subside as the public and regulated businesses become more aware of their respective obligations. A projection of the staffing requirement as it impacts existing priorities cannot be determined until Council more completely defines the specific revisions to the existing ordinance. JGJ/sw Attachments: Matrix of local smoking ordinances (Exhibit A) Excerpts of Beverly Hills smoking ordinance (Exhibit B) Excerpts of Aspen, Colorado smoking ordinance (Exhibit C) Legislative Draft revision to smoking ordinance (Exhibit D) —T MATRIX OF LOCA MOKING ORDINANCES IN TH JNITED STATES RESTAURANT, RETAIL STORE, AND OTHER PROVISIONS (CHART III) RESTAURANTS NS mim SIZE RETAIL FOOD THEATER SECTION % EREMPT. MUSEUMS LIBRARIES STORES MARKETS LOBBIES CALIFORNIA Alameda Yes 50`X, 50 Yes Yes Yrs Ycs Ycs Alameda County Yes 40`X, 50 Ycs Yes. Yes Yes Ycs Albany Yes 40'X, 50 Yes Ycs Ycs Ycs Yes Alhambra Ycs 50'x, None Ye: Ycs Ycs Ycs Yes Anaheim Yes Nuns 50 Yes Yes No Yes Yes Antioch Yes 40`Y, 50 Ycs Yes Yes Ycs Ycs Ari:u;I Ycs 50`X, 50 Ycs Ye, Ycs 1'cs Yc, Benicia Yes 50'X, 50 Ycs Yes Ye, Yrs Yr, Bcrkcic% Ycs 50`X, None 1•c, Yes Ycs yrs Yc, Brecrh Hill, Ye• h0 Nonc No N„ Ycs Ycs N,. Blue Lakc Ycs 151X, None Yes Ycs Ycs Ycs 1'c, Baca Yes Ye. r5„<, 50 No No No N„ 1'cs Bn•m ic,k-d Ycs 40'X, 50 Ye, Ycs Yes Yes Ycs Burlineamc Ycs Nonc 50 Ycs Ycs Yes 1'rs 1'a•, Rune C uuuc Yc, IL)•X, 20 Ycs No l-rs Ycs Yes l.:unarillo Ycs 50 None Yes Ye, Yes 1 es Yes Ycs Nonc 10 Yes Yes Yrs Ycs Ycs l..arl,nucria No Ycs Yes No Yes )'c, t Americans for Nonanokern Rights EXHIBIT A A-1 —RESTAUR, 3 FOOD THEATER NS MIN. —" SIZE RETAI, SECTION °�+ EXEMPT. MUSEUMS LIBRARIES STORES-_ MARKETS LOBBIES CALIFORNIA No Yes Cathedral City No Yes Yes e Yes 10% 20 Yes No Yes Yes Yes Chico Chula Vista Yes None 20 Yes Yes Yes Yes Yes Clayton Yes 40% 50 Yes Yes Yes Yes Yes Concord Yes 40% 50 Yes Yes Yes Yes Yes Contra Costa County Yes 40% 50 Yes Yes Yes }'es Yes Coronado Yes None 20 Yes Yes Yes Yes Yes Culver City Yes 66`Yu 25 Yes Yes Yes Yes Yes Yes 30`Yu 50 Yes Yes Yes Yes Yes � Cupertino .Cvpress Yes 25% 49 Yes Yes Yes ye; Yes Yes 40% 50 Yes Yes Yes Yes Yrs Danville Yes Yrs Davis Yes 50% 50 Yes Yes Yes Del Mar es YNone 20 Yes Yes Yes Yes Yes N Del Norte County No No No No u No No Yes Desert Hut Springs Yes 25% 50 No No Yes NN Yes Dixon Yes 50"4, 50 Yes Yes Yes Yes Yes Y50`v„ 50 Yes Yes Yes Yes Yes Downey Yes Duarte Yes 50%, 49 No No Ye Ye Dublin Yes 50% None Yes Yes Yes Yes Yes EI Cajun Yes None 20 Yes Yes Yes Yes Yes EI Cerrito Yes 40`Yo 50 Yes Yes Yes Yes Yes El Segundo Yes 50% 40 No No Yes Yes Yes Emeryville ,es Y 50% 24 Yes Yes Yes Yes Yes Escondido Yes None 20 Yes_ Yes Yes Yes Yes Eureka Yes 250% None Yrs Yes Yes Yes Yes Fairfield Yes 501%, 49 Yes Yes Yes Yes Yes Fontana Yes 50% 40 Yes Yes Yes Yes Yes Fremont Yes 40% None Yes Yes Yes Yes Yes Fresno Yes 500% None Yes Yes Yes Yes Yes Grand Terrace Yes 25%, 50 No No Yes No Yes Gridley Yes 50% 50 Yes No Yes Yes Yes Hayward Yes 50%, 49 Yes Yes Yes Yes Yes Hemet Yes None 50 Yes Yes Yes Yes Yes Hercules Yes 40%, 50 Yes Yes Yes Yes Yes Huntington Beach Yes 25% 50 No No No No Yes Imperial Beach Yes None 20 Yes Yes Yes Yes Yes Indio Yes 50%, 50 Nu No Yes Yes Yes Irvine Yes 25"f, 40 No No No No Yes La Mesa Yes None 40 Yes Yes Yes Yes Yes Lafavette Yes 40`}0 49 Yes Yes Yes Yes Yes Lai una beach Yes Z54, 40 No No No No Yes Lakewood Yes None None YesYes Yes Yes Yes , Lancaster Yes 5014, 50 Yes Yes YeN Ycs Yes ' Live Oak Yes 50% 50 Yes Yes Yes Yes Yes Livermore Yes 50°f, None Yes Yes }'es Yes Yes Americans for Nonsmokers' Rights A-2 /--6 ..."...~ ESTAURA`TS • N5. MIN. SIZE , ---') RETAIL FOOD THEATER SECTION EXEMPT. MUSEUMS LIBRARIES STORES MARKETS LOBBIES CALIFORNIA Loma Linda Yes 50'% 40 Yes Yes Yes Yes Yes Long Beach Yes 25'Yo 50 No No No Yes Yes Los Altos Yes 25"L 50 No No Yes No Yes Los Angeles Yes 501X. 50 Yes Yes Yes Yes Yes Los Garos Yes 50'X. 25 No No Yes No Yes Manhattan Beach Yes Nonr 20 No No No Yes Yes Marin County Yes 67'.!6 l9 Yes Yes Yes Yes Yes Martinez Yes 40%. 50 Yes Yes Yes Yes Yes Menlo Park Yes 60'149 No No No No Yes Mill Valley Yes Nune 20 Yes Yes No Yes Yes Milpitas Yes 509;' None Yes Yes Yes Yes Yes Modesto Yes 50"6 Nonc Yes Yes Yes Yes Yes Monterey Yes None NunC Yes Yes Yes Yes Yes Monterey County Yes 50"640 Yes Yes Yes Yes Yes Moraga Yes 40".( 50 Yes Yes Yes Yes Yes Morgan Hill Yes Nonc Nonc Yes Yes Yes Yes Yes Mountain View Yes 50';6 Nuns Yes Yes Yes Yes Yes National City Yes Nunn 40 Yes Yes Yes Yes Yes Newark Yes 40'% 49 Yes Yes Yes Yes Yes Newport Beach Yes 25';;. 50 No No No Na Yes Oakd;ile 1cs 50". Nonc Yes Yes Yes Yes Yes Oakland Yrs 40'X, 29 Yes Yes Yes Yes Yes Oceanside Yes Mine 20 Yes Yes Yes Yes Yes Ojai Yes 50%X, 20 Yes No No Yes Yes Ontario Yes 259;. 50 No No No No Yes Orange County Yes 20%, 50 Yes Yes Yes No Yes Orinda Yes 409', 50 Yes Yes Yes Yes Yes Oroville Yes 10",I 20 Yes No Yes Yes Yes Oxnard Yes 501.14. 15 Yes Yes Yes Yes Yes Pacific Grove Yes None None Yes Yes Yes Yes Yes Palm Desert Yes 25"6 50 Yes Yes Yes Yes Yes Palm Springs Ycs 251 50 Nu No Yes No Yea Palmdale Yes 501k 49 Yes Yes Yes Yes Yes Palo Alto Yes 601'11 50 No No Yes Yes Yes Paradise Yes 50 50 Yes No Yrs Yes Yes Pasadena Yes 2511.1 50 No No No No Yes Petaluma Yes 501.1„ Nunc Yes Yes Yes Yes Yes Piedmont Yc> 5c'.111 19 Yes Yes Yes Yes Yes Pinole Ycs 40'. 50 Yes Yes Yes Yes Yes Pittshurg Yc� 40 50 Yes Yes Yrs Yes Yes Pleasant Hill Yc> 40 S0 Yes Yes Yrs Yes Yes pleas:urron )'Cr 4 50 Yes Yes Yes Yes Yes Pu�cay 1'cs \„nr '0 Yes Yes Yes Yes Yes R:ulcho Mir;i r lc< nn \.mc Yrs Yes Yrs Yes Yes C - ;ncnc:ms r;,r Nomsrnokers' Ri_hrs A-3 -7 RESTAUR�S f NS MIN' SIZE RETAI..__ ' FOOD THEATER SECTION % EXEMPT. MUSEUMS LIBRARIES STORES MARKETS LOBBIES CALIFORNIA Redlands Yes 50% 40 Yes Yes Yes Yes Yes Redwood City Yes 50% None Yes Yes Yes Yes Yes Richmond Yes 40% 50 Yes Yes Yes Yes Yes Riverside Yes 25%, 50 No No Yes No Yes Riverside Counry Yes 25%, 50 No No Yes No Yes Sacramento Yes 10"/„ 50 Yes Yrs Yes No Yes Sacramento County Yes l0% 50 Yes Yes Yes No Yes Salinas Yes 500/t, 40 Yes Yes Yes Yes Yes S:In Anselmo No Yes Yes No Yes Yes San Bernardino Co. Yes 501% 40 Yes Yes Yes Yes Yes San Bruno Yes 50%, 49 Yes Yes Yes Yes Yes tian Buemwentura Yes 50`X, 15 Yes Yes Yrs Yes Yes San Clemente Yes 50%, None No No No No Yes San Diego Yes None 20 Yes Yes Yes Yes Yes San hie ()County Yes None 20 Yes Yes Yes Yes Yes San Francisco Yes None No Yes Yes Yes Yes Yes tian Jose Yes 3091, 100 No No Yes No Ye; San Leandro Yes 4019, 49 Yes Yes Yes Yes Yes San Luis Obispo Yes None 50 Yes Yrs No Yes .Yes San Marcos Yes None 20 Yes Ye Yes Yes Yes tian Mateo Yes 501X, 50 Yes Yes Yes Yes Yes 6 an Pablo Yes 40% 50 Yes Yes Yes. Yes Yes San Rafacl Yes 20%, 20 Yes Yes No Yes Yes San Ramon Yes 4091, 50 Yes Yes Yes Yes Yes Santa Barbara Yes 25`X, 20 Yes Yes No Yes Yes Santa Barbara Co. Yes 50%, 29 Yes Yes Yes Yes Yes . Sanaa Clara Yes 30`9. 50 No No Yes No Yes Sant-.a Clara County Yes 33'9, None Yes Yrs Yes Yes Yes Saalta Cru_ Yes None Notre Yes Yes Yes Yes Ycs ti:ulca Cru:County Yes None None Yes Yes Yrs Yes Yes Suns I\aria Yes 50910 NonC Yes Yes Yes Yes Yes S:nua Monic:l No Yes Yrs No Yes Yrs Sanra Rosa Yes 50%, None Yes NO Yes Yes Yes Santce Yes None 20 Yes Ycs Yes Yes Yes �uraro�a Yes 67`9, 49 Yes Yes Ycs Yes Yes Scotts Valle% Yes None Nene Yes Yes Yes Yes Yes �cbasn,h„I Yes 50';1. 44 Yes Yes Yes 1'e; Ycs Shasta Counn' Yes None None Yes Yes Yes Yes Yes Soni Vallcv Yes 501.1, None Yes Y: Yes . Yes Yes S;111 Fnncisco Yes None 50 Yrs l Y Yes YC, Yes 50Qq l 50 Yes �� I Yl'j YC? �,gh,ill;l Yes 501!i. None Yes YCs Y, Yes .YCs �,,Ih,ill;l �.10.111C1' Yes 50Ou N„t1C Y e� YC' YC Yes YC., -� Stocknm Yrs 70'.ti, None 1'cs acs Yes Yes 1 es americans for Nonsmokers' Ri_•hts TAURANTS NS • MIN. SIZE - OETAIL FOOD THEATER SECTION % EXEMPT. MUSEUMS LIBRARIES STORES MARKETS LOBBIES CALIFORNIA CSunnyvale Yes 60% 50 Yes Yes Yes Yes Yes Sutter County Yes 50% 49 Yes Yes Yes Yes Yes Thousand Oaks Yes 50% 39 Yes Yes Yes Yes Yes Tiburon Yes 50% . 49 Yes. Yes Yes Yes Yes Torrance Yes 50% 50 Yes Yes Yes Yes Yes Tracy Yes 70% None Yes Yes Yes Yes Yes Turlock Yes 50% None Yes Yes Yes Yes Yes Tustin Yes None 20 Yes Yes Yes Yes Yes Ukiah Yes 50% None Yes Yes Yes Yes Yes Union City Yes 40% 49 Yes Yes Yes .Yes No Vacaville Yes 5096 50 Yes Yes Yes Yes Yes Vallejo Yes 50`16 50 Yes Yes Yes Yes; Yes Victorville Yes 50`X, 39 Yes Yes Yes Yes Yes Vista Ye. None 20 Yes Yes Yes Yes Yes Walnut Creek Yes 40`X, 50 Yes Yes Yes Yes Yes Watsonville Yes 3 51y1 49 Yes Yes Yes Yes Yes West Hollys•otx] Yes 40`X, 35 Yes Yes Yes Yes Yes Wheatland Yes 50`X, 50 Yes Yes Yes Yes Yes Yolo County No No No No No Nu Yorba Linda Yes 33% 40 No No Yes No- Yes Yuba City Yes 501% 50 Yes Yes Yes Yes Yes C} /- 9 EXCERPTS FROM BEVERLY HILLS. CALIPORNIA SMOKING ORDINANCE Section 5-4. 02. Smoking prohibited in certain areas. In addition to any smoking prohibitions otherwise imposed by law, smoking shall be prohibited in the following places: (c) Subject to the exemption provided by Section 5-4.03 (e) , in the enclosed area of any publicly or privately owned restaurant, coffee shop, cafeteria, short order cafe, luncheonette, soda fountain or other indoor eating establishment serving food to the general public. (e) Any eating establishment to the extent of a maximum of forty (40%) percent of the total enclosed floor area which is designed or used for service of food to patrons in such eating establishment provided that a floor plan of the eating establish- ment clearly delineating the smoking and no-smoking areas has been filed with the City and approved for compliance with the provisions of this Section by the Director of Environmental Services. The plan shall be drawn to scale, depict the full dimensions of all Jl food service areas, and contain such other information as required by the director of Environmental Services. In addition, any new establishment for which building permits for the construction thereof are issued on or after January 1, 1989 shall contain a properly installed and operating air segregation, filtration or ventilation system approved by the City in accordance with the standards established and adopted by the City Council to protect the no-smoking area from smoke or its by-products generated in or emitted from a designated smoking area. These standards shall not apply to the remodeling or repair of existing eating establishments. EXHIBIT B EXCERPTS FROM ASPEN. COLORADO SMOKING ORDINANCE Section it -4.3 Definitions (a) "Bar area" means an area comprising fifteen feet or less from the perimeter of a permanent counter which is primarily devoted to serving alcoholic beverages and within which the service of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar area" shall not include the restaurant/dining area. The City Council (or its designee) may extend the fifteen-foot limitation to encompass a larger area upon a demonstration by the owner of an establishment that such area is primarily devoted to the serving of alcoholic beverages. (such as a bar room, cocktail lounge or similar facility) and the service of food is only incidental to the consumption of such beverages. (b) "Dining area" means any enclosed area containing a counter or tables upon which meals are served, excluding the bar area. Section 11-4 .4 Smoking Prohibited (f) Eating Establishments. Smoking is prohibited and is unlawful in every publicly or privately owned coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop, soda fountain, restaurant, or other eating establishment serving food, except under the following circumstances where smoking may be permitted at the option of the owner of the establishment: (1) Any area exterior to the building in which the establishment is located. (2) The smoking of cigarettes in any bar area as defined in Section 11-4.3 (a) . The smoking of pipes and cigars shall not be permitted in such area. (3) Any enclosed rooms which are being used for private functions. (4) Until June 1, 1986, the smoking of cigarettes in any .interior area limited to not more than fifty percent (50%) of .contiguous floor space of the dining area and which is specifically designated and signed as a smoking area. The smoking of pipes and cigars shall be prohibited in such area. EXHIBIT C C-1 /�// (5) After June 1, 1986, in a secondary, physically separated and independently ventilated interior area that is specifically designated and signed as a "Smoking Permitted" dining area, provided that such secondary dining area shall, not exceed in square footage an area equal to fifty percent (50%) of the square footage of the primary dining area. The smoking of pipes and cigars shall be prohibited in such area. i� 1 OLegislative Draft Chapter 8.16 SMOKING PROHIBITED IN CERTAIN AREAS Sections: 8.16.010 Purpose. 8.16.020 Definitions. 8.16.030 Prohibition in certain public places. 8.16.040 Regulation of smoking in the workplace. 8.16.050 Posting of signs. 8.16.060 Compliance. 8.16.070 Violation--Penalty. 6«�+�.t��t�; 3�i�e smakibg ttQt r�c �hed: 8.16.010 Purpose. Because smoking of tobacco or any other weed or plant is a positive danger to health and a cause of material discomfort and a health hazard to those who are present in confined places, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco or any other weed or plant in certain areas which are used by or open to the public. (Ord. 1048 § 1 (part) , 1985) 8.16.020 Definitions. For the purpose of this chapter, the following words shall have the following meanings: A, . .: ars , rears. an arma ;ch :s devtstes .to the aeving 'of a3o?�a2c,beerag faraxumtpt�an lxy guests o the press a in die aeu ofc on1�t nczdenta� far acssnsumtzsn ./� ��[[J♦♦J:�� YA:lSKS� �i ..��jj��(( f y�'J t� �i1j �.�ry. �y� /��1y yy�� y"`�`y. 0Ii11i 1111'. 4YvLtM �Fi 4C�MAe IMYy MMJ �i.PIM 7.v::.v to .. ♦ 'jx �..::iYi i. 11[iiG � eiK# uvn 'ww.ww2„Y .vM ,♦w'.>.ri:" .♦... ,..n:.. ....v:nWu.+nw.. .nnv.nw mnw:w w..uwww,M 4. "Employee" means any individual who receives remuneration for services performed within the city. C$. "Employer" means any person, partnership or corporation who employs the services of an individual person or persons. 1e. "Smoke" or "smoking" means and includes the carrying of a pipe, cigar or cigarette of any kind which is burning, or the (\ igniting of a pipe, cigar or cigarette of any kind which is EXHIBIT D 1-4.1 burning. So. "Service line" means an indoor line or area where persons await" service of any kind, regardless of whether or not such service Involves exchange of money. Such service shall include, but is not limited to, sales, giving of information, directions or advice, and transfers of money or goods. " + saurann as az�y aae ehoF caf+atez'f .; ...... uern I. c al 7 a 1c a, aar h s a�sdr soda a eet2ate an anxath+stznr etaxsriv> a t h ltibtY� . tYiSt llxi� 7drth£ 8 3 # SteE �• e ':>: e J fere f+ d...: c tk .< u + .:J ! :J:::.J:::,•:::::::::::::.:+: ,a:?.:.v.rtaJ:.:.::.:.:. ... .:....:.:..::. +: a: :..w'.::::::JJJ:r.xr ::..,+: .. v.Y,v:x:..:: M lsx. emss 'swellae k1t+Gt •.7e7.�>> 3sw. ;...4..! ,a ,. ..N. '�.t.�+ ��G ;f'� ��w. ''; +�;< '��.'7� J.'"��3r��Tf� :Jc �r�• Yi�l,�i,3':�'�:�i��.��:•°o.°:` � •>`:. y.♦ :..inai'�i.i'Ji,,,.;..iy: ......:.."; :: ':G/:::;: iJ.:i`v.:.`^:. . / G. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. . "Workplace" means any interior space under the control of a public or private employer in which five or more employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a workplace under this section. (Ord. 1048 § 1 (part) , 1985) 8.16.030 Prohibition_ in certain public places. Smoking s .all be rohibited in the following places: A. Elevators, museums rare galleries, public transportation facilities open to the d lic and service lines of establishments doing business with the general public; B. Waiting rooms, sleeping rooms or public hallways of every private or public health care facility, including, but not limited ::.::.:..J'. . to hos itals . . .r.�: .:::<.::<. . ::.. ��. ;�<. ,:.... 151 ..:.::.F :::: �..:::::. .:.. .....J.:. . . vvivv. � vJJJ:: : :ts safes provided' urther, �Ehat this prohim ion not prevent the establishment of a separate waiting room in which smoking is permitted, as long as there also exists a waiting room in the same facility in which smoking is prohibited. lXtEt space ar#: 8 mf halYlh. Ol. lt .+OSser fc�7t` tws pr ire patlelnts, smok�nt,� shall be �sronlbte� leis ala �ratie�sts r$thi� the: roo�,axe.:s�oT�ers and,�regtxest �.� .writ�.s� upas a health :M0 fa�tl�.ty•s ac�¢ ssior�: forms tQ 'be g1.aCsc� 1� a room wh8re s7ztgJJ>; apexaatte C. All buildings, trehiCles, "".ther h :0 4d ee occupied by city staff, owned or biased' by the city; "or otherwise operated by the city, except in areas which the city administrator may designate as smoking areas. The city administrator may designate a smoking area only if the area involved: 1. Is not regularly open to the public; and 2. Does not require major room or building modifications; and 3. Is not regularly occupied by nonsmokers. In any dispute arising under the smoking area designations made by the city administrator under this chapter, the rights of the nonsmoker shall be given precedence. D. Within any building not open to the sky which is primarily used for or designated for the purposes of exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance whenever open to the public, except smoking which is a part of a stage performance, including =all restrooms, except that tismoking ..:nvmay v;rw.Wbvmee.:vallo:.wa.e..:hd in s v ...... ...:.::. :.,...n.,:... ....n . n:::G .: ...:.t .. darea commonly ref erre :{.:::{.:v....... to as a bobbyi if....siuc2i...lobby is physically separated from the spectator area; E. Within all public areas in every retail sC "0 ti?�;` t Titlt luted to, tet > { a aks3 s + cu pr4't�uw nctaarketng esbsen ..{ ~ . `{ 45 F. All restrooms open for public use; G Within every restaurant pravide , +�teist� � tb# prrsTi3t3sx� does nat prevent the pxouid3rig of separate aas fax s�tviCer� end nonsmokers � `e resta�raht �5d lcn+� as the. aon#as des�.e�nated far •seakat�g cin n�t..cohtaxn fore >�hart fifty, xc�nt ��Q�} of the. seeti� ca�ack of the. reetaurar�t shal�ne epp�y—Wee a—�a�b e` - -- sUffiwent- to area.satisfy &M Bquests Ear seating in a nenevasking area is posted and- sm-i-i-at-a-i-meel as sush an H. All areas in a laundromat open to and available for use by the public. (Ord. 1048 § 1 (part) , 1985) �. .thin a� areas available to anti +custrri,�� used by the general publ�a x� all:'. businesses: and rtonprafit e�.ta.ties pahrcn��ec by the pubic, including, but nct lalmtet3 toy grafessfonal;s��f��es a� a�&er afEiCes, banks, hotels ar�c� mate];s.: Notwithstans�in� azty oder zov�.sxcn of this-serst2. ang ..... ..... D-3 owner alor :t �aanager a other person whoanos a estate p ; ise a d'" bed i thls s i t c ett a s >.. :: that ..... °;N>:sstbifsiuettitzaility xs a 1n+ansttakng� estalss. 8.16.040 Regulation of smoking in the workplace. Each employer who operates a workplace in the city shall, within sixty days of the effective date of the ordinance codified in this section, adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements: A. Any nonsmoking employee may object to his or her employer about smoke in his or her workplace. Using already avails-le means of ventilation or separation or partition of office space, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of nonsmoking employees and smoking employees. However, an employer is not required by this section to make any expenditures or structural changes to accommodate the preferences of nonsmoking or smoking employees. B. If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached in any given workplace, the preferences of nonsmoking employees shall prevail and the employer shall prohibit smoking in that workplace. Where the employer prohibits smoking in a workplace, the area in which smoking is prohibited shall be clearly marked with signs. C. The smoking policy required by this section shall be announced within three weeks of adoption to all employees working in workplaces in the city and postE conspicuously in 1 workplaces in the city under the employe:. s jurisdiction. D. This section is not intended to regulate smoking in t._ .: following places and under the following conditions within the city: 1. A private home which may serve a s a workplace; 2. Any property owned or leased by a state or federal governmental agency. (Ord. 1048 § 1 (part) , 1985) E. Notwithstanding any other provision of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. 8.16.050 Posting of signs. signs which designate smoking or no smoking areas established by this chapter shall be conspicuously posted in every room, building or other place so covered by this chapter. The manner of such posting shall be at the discretion of the owner, operator, D_4 �y manager or other person having control of such room, building or other place so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this chapter. Establishments deserise_ in ---L-en 8. !6. 030 (5) - -/- 030 (5) B€ this ehapt== shall l have a no smelt'. - ted a meat and p educe - nter- and ebee3eeut 34ns. (Ord. 1948 § 1 (part) , 1985) 8.16.060 Compliance. A. The city administrative officer or his designated representative shall be responsible for compliance with this chapter as to facilities which are owned, operated or leased by the city. The finance director shall provide each business license applicant with a copy of this chapter. B. The owner, operator or manager of any facility, business or agency within the purview of this chapter shall comply with the provisions of this chapter. Notice of these regulations shall be given to all applicants for a business license. Such owner, operator or manager shall post or cause to be posted all no smoking signs required by this chapter and shall not allow service to any person who violates this chapter by smoking in a posted no smoking area. C. Any place of employment conducted or operated without compliancewith the provisions of Section 8. 16.0A+0 of this chapter � i applicable thereto shall be and the same is declared to be a public nuisance. Whenever there is reason to believe such public nuisance exists, any affected employee or any resident of the city, in his or her own name, may maintain an action in equity to abate and prevent such nuisance and to perpetually enjoin the employer from maintaining or permitting it. Upon the granting of equitable relief, in whole or in part, by a court of competent jurisdiction, an employer determined to be in violation of Section 8. 16.040 of this chapter shall be liable for the attorney's fees, as may be determined by the court, incurred by the party bringing the action. D. The city administrative officer or his designee may enforce Section 8.16.040 of this chapter by either of the following actions: 1. Serving notice requiring the correction of any violation of that section; or 2. Requesting the city attorney to maintain an action for injunction to enforce the provisions of Section 8. 16.0A-10 of this chapter, to cause the correction of any such violation, and for assessment and recovery of a civil penalty of such violation, including attorney's fees. E. Any employer who violates Section 8. 16. 040 of this chapter may be liable for a civil penalty, not to exceed five hundred dollars, which penalty shall be assessed and recovered in a civil D-5 action brought in the name of the people of the city- Each day such violation is committed or permitted to continue shall pursuant to constitute a eprand recover d in hanl actbe ion punishableas p such. Y penalty assessedaid to the finance director of the city. this subsection shall be p ion 16.040 of this F. In undertaking the enf rcemen undertakingt of tonly to promote the chapter, the city is assuming duty or obligation, nor general welfare. a Y is or assuming obl gation on its officers and is it imposings or employees, nor it is liable the money da a e of nits officers any person who claims that (such obligation, and (2) the breach employees breached any Ord. 1948 § 1 (part) , 1985) proximately caused injury• 8.16.070 violation--penalty. vision of Section 8. 16.030 or Any person who violates any pro 8.16.040 of this chapter by smoking in a posted no smoking area, posted a no smoking sign or by failing to post or cause to be p any person who violates required by this chapter, or by serving area, is guilty of this chapter by smoking in a posted no smoking rovided for in an infraction, and is subject to punishment as provided chapter 1. 12 of this code. (Ord. 1048 § 1 (part) r 8.1f ..► Whe Skiq Kofi Regn tster ohsrwyp. �4'o:.tiaA. a xth. CLwElStalLaic+a.J + L � M �:.:'�i�Ji�,p.�i� rsstr�ct�� cf i:s chapte��. .:::........ 1. ceaes ,xcap ., wrhe u ..... ... . :. ...:.....:. ..... ' E3 <t7 V1 . re w Yxea �ac1Z.iy ehs. 3 Sae nt �aotel � e.. to : 4. g$ a31 tocao stctwo . . Rsta� rants, hotnd`maeY os�nro© l� this ahc u� s asci ptssrats sse.... b�sq kusesl f p' pr3ts fictions. , ::.;�.: ""fig e�losecl affice� warkplac�s, bOCL►Pie� �xe�us��te��' 6. ;<;"<, eren thaugx suc3 a office sazlacenaY be D-6 /�/g __MEETING AGENDA C•er* rFs moo,,by Lead FewnATE A o i2mo. cne by: �lyt'Ca�nca 1 i VAO i_ity Atty. i.. lerkorig. 11AXAM A) i a fl� T. �� S?7ujC 5?D/ LS 0� 2 c� Pmot4ls r �1V /,.1 �lL �/dT• J� �SY '*0LIj1-4irnC'4r-J. . n G by b£6 02 —7146E PJ 3 L GL O J� xa.. ��� � p-r, .] S TefSntto L. �S e-0 no OIL Oli-T,a.yJ AT F*-c 4 y f L ��rr,�,� RECEIVE ®���a�`f °,L APR 2 4 1990 CITY CLERK SAN LUIS OBISPO,CA C� San Luis Obispo Chamber of Commerce 1039 Chorro Street • San Luis Obispo, California 93401 ty;�,�actiu� (805) 543-1323 • FAX (805) 543-1255 by Lead P( r. David E. Garth, Executive Manager '? d by:L7,_77. 10 April . 24, 1990 Mayor and Council Members City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 Dear Mayor and Council Members: We have held a number of meetings with our members to discuss the proposed new smoking ordinance. we recognize the dangers of smoking and do not in any way endorse smoking, but we feel nonetheless that the proposed ordinance goes too far in curtailing the rights of individual businesses, notably, restaurants. Our Board of Directors has supported a compromise proposal which would extend the existing ordinance to apply to all retail stores and public assembly places. In the case of restaurants, we ask that instead of a total ban on smoking you require all restaurants to designate a minimum of 70% of seats to non-smoking. Individual restaurants would still retain the right to ban smoking in their establishments. We feel this compromise proposal best accommodates the needs of our community and your intentions to curtail smoking. It would make San Luis Obispo the most stringently smoking regulated community in California, but would also allow our restaurants the ability to effectively compete with other county restaurants. In this way we will jeopardize neither the tax revenues of San Luis Obispo nor the vitality of one of our biggest business sectors. We will, as well, reduce smoking in our public places. Please call us if you have any questions or comments. Best regards, Sharon Young C'I Chamber President 0 APR 2,', 1990 ra COUNCIL /.NCACCREDITED CITY COUIL' CHA.BER Or COMMERCE SAN LUIS 061SPp,CE1 UlEE11NG AGENDA Charles L. Fulbeck, M.D. GATE S__/-90 aM # A Professional Corporation Diplomate of American Boards of Internal Medicine and Gastroenterology Practice Limited to Gastroenterology and Liver Disease C310 S. Halcyon, Suite 104 1551 Bishop Stteet, Suite 420 1315 Las Tablas Road Arroyo Grande, California 93420 San Luis Obispo, California 93401 Templeton, California 93465 " (805) 489-9215 (805) 549-9533 (805) 434.3075 April 23, 1990 Mayor Ron Dunin City Hall 995 Morro Street San Luis Obispo, CA 93401 Dear Mayor Dunin: You will soon be considering a measure to ban smoking in public buildings in the city of San Luis Obispo. ' I am sure you are aware that smoking is a major contributor to heart disease, cancer, lung disease and strokes in our society. Smoke inhaled by non—smokers (second—hand smoke) is equally hazardous and is a major component of indoor air pollution. I hope you will vote 'in favor of banning smoking .in public buildings in our city. Sincerely, C j,. Charles L. Fulbeck, M. D. 00eno d PawnRe RECEIVED vga j4pounASK G 7 WU rf:ooP crryCLEW SAN��1enaicnn Cn ( �" r O lk,( Fite l �, MEgT1f AGENDA FRANK SHEAHAN I NSU&C-ES�9oITEM # LIFE• HEALTH•GROUP* PENSIONS CPOST OFFICE BOX 1442 1325 CHORRO STREET SAN LUIS OBISPO,CA 93406 8051543.3051 Ron Dunnin , Mayor City of San Luis Obispo 995 Morro Street San Luis Obispo, CA 93401 Dear Ron: It has been brought to my attention that the City of San Luis Obispo is currently considering a ban on smoking in all public buildings. I strongly support this action and encourage you to vote yes on this ban . Smoking of all types have been extremely costly to our society. Individuals who choose to smoke not only affect themselves but we non-smokers as well . As a member of the insurance industry dealing in .health insurance, I see the tremen- dous cost society must bear because of smoking. The City of San Luis Obispo should take a leadership position on this issue. By banning smoking in all public buildings, we will continue to educate our citizens on this terrible habit. S ' cer// °. eahan •a,o ec,a",by_Baa P2rsc r� r,p%GP by f Atf RECEIVED IV CITY CLERK SAN LUIS OBISPO.CA MEETINGAGENDA S April 26 , 1990 DATE J l— _o SEM # Lam. Councilman Jerry Reiss P.O. Box 8100 San Luis Obispo, CA 93403-8100 Reference: Smoking in Public Areas Dear Mr. Reiss: We understand that you requested city staff to draft an ordinance to ban smoking in all public buildings. We want to express our support for this legislation. Too many citizens and public employees have put up with second hand smoke for too long. Smoking causes Lung Cancer. Second hand smoke is also a killer. We have lost several friends who smoked and died of Lung Cancer. As non smokers, we feel that the rights of a non-smoker are violated when we visit a city, county and other government facil- ities where smoking is permitted. It's time to protect the non- smokers. Smoking in the workplace has been banned by many pri- vate corporations. It' s time for government to' do likewise. We support you in making the City of San Luis Obispo a healthier place, where citizens can visit their government of- fices which have a smoke free and clean air environment. Respectfully, J�. & Betty M. Rohde 1214 Vista Lago San Luis Obispo, CA 93405 805-546-8381 RECE'Vcn APR CITY CLERK Ocno! SAN LUIS OSISPO,CA as"�b L64Q fa�f Respond bl, ��I �Yf until O AO �iry A.ry. �I fer. fig, rY�A,r.'�is�( i � �icE - ML-"fING AGENDA � DATE .S-110 ITEM # Sara Simkowitz and Thomas Rogers 3321 Barranca Court, San Luis Obispo, CA 93401-6069 (805) 544-1556 30 April 1990. R E C E.I V C c City Council , San Luis Obispo APR 3 0 1990 95S Morro Street San Luis Obispo., CA 93401 CITY CLERK SAN LUIS OBISPO,CA Hear Council member , We are a family of asthmatics. Our daughter, who died recently, was an extremely severe asthmatic. She was often distressed by second- hand smoke. The nature of her illnesa was such that any irritant such as second-hand smoke could be extremely dangerous. The other asthmatics in our family are also an and irritated by, this pollution imposed upon us. Research . has shown that the toxins contained in second-hand smoke are the same toxins that smokers inhale and contribute to 320,000 deaths per year from tobacco smoke alone. Some poison gases contained in tobacco smoke are carbon monoxide , formaldehyde, benzene, and cyanide among many. The particulates include nicotine, the addictive drug in tobacco and itself a potent poison. Both theas and the g particulate cannot be adequately removed so as to insure safety. If smokers wish to smoke let them endanger only themselves. Their poisonous smoke should not invade public areas. All people should be protected from toxins - poisons - in public areas, so smoking should not be allowed. People who have business, commerce in public areas are put at unnecessary risk. Please put us on a mailing list for notice of hearings concerning this issue. We are also anxious that non-smoking should be established in restaurants as wall. As a ' health conscious state it is unconscionable and ironic that California lags behind other parts of the country, e.g. . Minnesota, in efforts to ban smoking in all public places. We should realize that health comes before vested interests. We cannot say that smoking helped to kill our daughter but it surely made her life uncomfortable and endangered her while she was alive. Let's do this for her and all of us. *Denotes action by Lead Penson Sincerely Respond by: ll_d Council "CAO Sara Simkowitz and T mas Rogers -Ry Atty. tg erk-ong. 7"T �Fico MEETING AGENDA / ® `DATE =o ITEM # nmHealth Ltd. FROACH A / AREDICAL CENTO 1911 Johnson Avenue • P.O. Box 8127 San Luis Obispo, California 93403-8127 (805) 543-5353 April 25, 1990 *Denotes aeon by Lead Person pond by: ndl Ron Dunin, MayorAO City of San Luis Obispo V94 Atty. 995 Morro Street Clerko� . �X. ,c[Di San Luis Obispo, CA 93401 U(7-7- Dear Ron: I am writing to request your support on the proposed ban on .smoking in public buildings in the City of San Luis Obispo. As you already know, there are many good reasons to prohibit smoking in public buildings: allergies, passive smoke inhalation, heart disease, stroke and cancer. There are no reasons to support cigarette smoking in public buildings. French Hospital came to grips with this same issue about two years ago. We elected to ban smoking throughout the hospital while providing defined smoking areas outside. The compromises worked extremely well and I am confident that a similar arrangement could be worked out in most public buildings within the city. French Hospital Medical Center strongly supports smoke free public buildings in the City of San Luis Obispo. Please let me know if there is any way I can assist you when this issue comes up for a public hearing. Sincerely, Robert T. Gy%yson RECEIVED Associate Executive Director RTG:bk 14AY 1 1990 CITY CLERK SAN LUIS OBISPO.CA The Cardiac Center of the Central Coast - - �EFT►NG AGENDA AERICM DATE -/-9a ITEM # C FC/�NCM SOCIEW SAN LUIS OBISPO COUNTY UNIT of the California Division, Inc. Denotes ecton by Lead Person Re and by: April 30, 1990 MI.Council RECEIVED CAO �ity Atty. �lark MAY 1 1990 The Honorable Mayor R. Dunin &i! ¢,HIAA CITY and City Council ��/ LUIS 0BISP O SAN LUIS 1SP0,CA P.O. Box 8100 San Luis Obispo, CA 93403 Dear Honorable Mayor Dunin and City Council: The San Luis Obispo Unit of the American Cancer Society urgently requests the city council to pass the strongest possible ordinance for non-smoking in public places. Councilman Reiss is to be commended for his March 6, 1990 communication regarding an amendment to the smoking ordinance. The case for non-smoking in public places is very conclusive. The threat to health, safety and welfare is self evident. We no longer need to debate it. The City Council should assume its responsibility for action. Progress toward a smokeless society is fast moving. The U.S. Center for Disease Control reports 40 percent of Americans smoked in 1965 while only 29 percent smoked in 1987. In fact, there was a 5 percent drop in smoking in 1989 according to the U.S. Agriculture Department. The Council is aware that 90 percent of non-smokers consider second hand smoke annoying and harmful. A growing proportion of smokers are just not lighting up in public places. We ask the Council to aid and abet this progress by ordinance. In addition to our commendation of the Council for the adoption of the strongest possible non-smoking ordinance in public places, the American Cancer Society stands ready to be of assistance in whatever manner might be considered appropriate. Our best regards. Sincerely, C Cecil S. Feldman, Chair Public Issues San Luis Obispo Unit American Cancer Society 1124-B NIPOMO STREET, SAN LUIS OBISPO, CALIFORNIA 93401 (805) 543-1481 274 HEATHER COURT, TEMPLETON, CALIFORNIA 93465 • (805) 434-0460 _ J KSBY, Inc. KSBYZ, 467 Hill Street San Luis Obispo. CA 93401 TV �1�& 805 541 6666 O nTInow EETIN6 AGENDA Station Manager DATE !/-90 ITEM # _ April 25 , 1990 Mr. Ron Dunin RECEIVE ® Mayor , City of San Luis Obispo 955 Morro Street APR ? 7 1QQn San Luis Obispo, CA 93401 CITY CLERK Dear Mr. Dunin: SAN LUIS OBISPO.CA On Tuesday, May 1st you and the City Council are scheduled to hold a public hearing on the motion brought forward by Councilman Jerry Reiss to ban smoking in all public buildings. Although I cannot be present at the hearing I want to express my views to you and the balance of the council . I applaud Councilman Reiss ' motion. It is government' s job to pass laws and ordinances to protect the citizens. We can not drive over 55 miles per hour, inappropriately dispose of hazardous materials, or skateboard on the sidewalks. Perfectly reasonable rules, as violation is potentially harmful to others. Second-hand smoke has been proven to be harmful to. others . Therefore it seems reasonable to expect protection from it by ordinance. My son is asthmatic , and has been since birth. With his asthma and my allergies we simply can not be around smoke. We exercise our freedom of choice when it comes to restaurants and other private establishments. We do not go anywhere, by choice, that does not have a non-smoking section. However, should we need to enter a public building ( and many times you do not have a choice ) we have no choice but be exposed to a hazardous material. This is unfair. I strongly urge you to vote in favor of the smoking ban ordinance. When entering a building I support through taxes, I do not want to face harm. This seems a reasonable expectation. I hope you agree. Sincerely, i I x Denotes action by Lead Person i i`t ZLI Respond by:��� ;Y�f ouncil I !�i'CA:O cc : Jerry Reiss t'if!Cit�Aty. ; Peg Pinard : >/Glerkorig � Penny Rappa t�/f• 4�tr�i. A) t Bill Roalman ji %- T