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HomeMy WebLinkAbout33 SMOKING ORDINANCE 06-06-94NO. 33 6-6-94 DATE: JUNE 2, 1994 Inter-Com '1'0' FROM' SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER SMOKING ORDINANCE Councilmember Worley asked that the City Council discuss the City's smoking ordinance and whether it needs to be updated. The City's smoking ordinance, a copy of which is attached, was enacted in 1985. Councilmember Worley also requested that smoking ordinances of other cities be reviewed in order to assess whether Tustin's ordinance is in line with more contemporary smoking regulations. Attached are the ordinances of the cities of Anaheim, Dana Point, and Irvine which are typical of smoking ordinances enacted by cities in' the past several years. At the State level, the Legislature is currently considering Assembly Bill (AB) 13 which in its present form would establish state-wide smoking standards. AB 13 would permit cities to enact stricter ordinances. However, this provision of AB 13 has been subject to amendments as the legislation moved through the Senate and Assembly. At one time, AB 13 would have prevented cities from enacting smoking ordinances stricter than the standards of AB 13. As of today, the League of California Cities supports AB 1'3. WAH Attachments smokord, wah 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 22 23 24 25 26 27 28 ORDINANCE NO. 949 __ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 1 OF THE TUSTIN MUNICIPAL CODE BY ADDING PART 2, SECTIONS 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, AND 4129, RELATING TO THE REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT The City Council of the City of Tustin, California, does hereby ordain as follows: $_~ 1. That Article 4, Chapter 1 of the Tustin Municipal Code be, and hereby is, amended by adding Part 2, Sections 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128, and 4129 to read as follows: "Section 4120. PURPOSE. Because smoking of tobacco, or any other weed.or plant, is a positive danger to health and a cause of material annoyance, inconvenience, 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 article is to prohibit the smoking of tobacco, or any other weed or plant, in certain public places and places of employment, except in designated smoking areas. Section 4121. DEFINITIONS. (a) 'Smoke' or 'smoking' as defined in this chapter shall mean and include the carrying of a lighted pipe, or lighted cigar or cigarette of .any kind. (b) 'Public place' shall mean any enclosed area to which the public is invited or in which the public is permitted, other than the ones enumerated in Section 4126, including but not limited to, retail food production and marketing establishments, elevators, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a 'public place'. (c) 'Place of employment' shall mean any enclosed area under the control of a public or private employer which 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 'place of employment ' . Section 4122. PROHIBITIONS. No person shall smoke in a public place, or place of employment, except in designated smoking areas. 1 2 3 4 5 6 8 9 10 11 12 13 1,~ i5 17~ 18~ 191i 20 21~ 22~ 23i! 24 25 26 27 28 Section 4123. DESIGNATION OF SMOKING AREAS. (a) Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge except where smoking is prohibited by law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers to the maximum extent possible within existing facilities. Employers are not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who can prove a good faith effort to develop and promulgate a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section, provided that a policy which designates an entire work place as a smoking area shall not be deemed a good faith effort. Restaurants covered by the provisions of this article shall designate an adequate amount of seating capacity to sufficiently meet the demands and shall inform all patrons that a no smoking section is provided. Section 4124. OPTIONAL PRORIBITION. Ail managers and owners of any establishments serving or doing business with the public may at their discretion post 'No Smoking' signs within various areas of their businesses and utilize the full right of the provisions of this chapter. No. public place other than the ones enumerated in Section 4126 shall be designated as a smoking area in its entirety. Section 4125. POSTING OF SIGNS. Signs which designate smoking or no smoking areas established by this chapter shall be clearly, sufficiently and conspicuously posted in every room, building or other place so covered by this chapter. No smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons'at meat and produce counters. The manner of such posting, including the wording, size, color, design and place of posting whether on the walls, doors, tables, counters, stands or elsewhere shall be at the discretion of the owner, operator, manager, or other person having control of such rcom, building or other place so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this chapt_~r. Section 4126. EXCEPTIONS. (a) No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 private hospital rooms, psychiatric facilities, jails, bars, retail stores, retail service establishments, and restaurants with a seating capacity of ~ess than 20 persons. st.ore(b) The owner, operator or manager of any retail or retail service establishment shall dev. elop and promulgate a policy regarding smoking and nonsmoking in the retail store or retail service establishment, and the policy shall be clearly, sufficiently and conspicuously posted in a location visible to all persons entering the retail store or retail service establishment. (c) Restaurants or eating establishments with a seating capacity of less than 20 persons shall have the option of d~signating a no-smoking section or allowing or prohibiting smoking throughout the establishment. (d) Any owner or manager of a business or other establishment subject to this article may apply to the City Council for an exemption or modification of the provisions of this article due to unique or unusual circumstances or conditions. Section 4127. ENFORCEMENT AND APPEAL. (a) The Director of Community Services shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City of Tustin are involved. The Director of Community Development shall provide business license applications with copies of this arti cl e. (b) The owner, operator~ or manager of any facility, business or agency within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all 'No Smoking' signs or notices of policy regarding smoking'and nonsmoking in retail stores or retail service establishments required by this chapter. Such owner, operator or manager may refuse service to any person who violates this chapter by smoking in a posted 'No Smoking' area. (c) It shall be the responsibility of employers to disseminate information concerning the provisions of this article to employees. (d) The provisions of this article pertaining to places of employment shall not apply until January 1, 1986. Section 4128. PENALTIES. Any person who violates a provision of this chapter by smoking in a public place or place of employment, other than in a designated area, shall be guilty of an infraction and, upon conviction, shall pay a fine of fifty dollars ($50) for a 10 first violation and a fine of one hundred dollars ($100) for each additional violation of this ordinance wi thin one year." ~ 2. This ordinance shall take effect and be in force on the thirtieth day from and after its passage. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 16th day of December , 1985. Atte st: Frank H. Greinke, Mayor Mary wsO~n, k 11 1311 JGR:SA:pj:11/22/85(16) 1'5 :~ 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF ~STIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 949 was duly and regularly introduced and read at a regular meeting of the City Council held on the 2nd day of Deceit)er, 1985. and was given its second reading and duly passed and adopted at a regular meeting held on the 16th day of Dec.er. 1985. by the following vote: AYES · NOES · ABSENT' COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Saltarelli COUNC ILPERSONS. Greinke COUNCILPERSONS. None MARY E. W~...._, ~.ty City of Tusti~ Californ'la ' Summaries published: Dec. 12, 1985 Dec. 26, 1985 ORDINANCE NO. .4678 AN ORDINANCE OF TIIE CITY OF ~ADDING NE~¢ CIIAPTER 6.30 TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES. FOLLOh'S' TIIE CITY COUNCIL OF TIlE CITY OF ANAIIEIH HEREBY' ORDAINS AS SECTION 1' That new Chapter 6 30 be~ and the same is hereb),~ added to Title 6 of the Anaheim Municipal Code to read as follows. "ClIAPTER 6'30 SMOKING IN PUBLIC PLACES 6' 30.010 Purpose and Findings · The City Council finds that the smoking of tobacco, or any other weed; plant or sub.stance is'a positive danger to health and a material annoyance, inconvenience, discomfort and a possible health hazard · to those who are present in confined spaces; 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~ plant or substance in public places and places of employment as stated and required in this Chapter' 6.30. 020 Definiti OhS · ~, The following words and phrases~ whenever used in this Chapter~ shall be construed as defined in this Section- A. 'Bar' means an area which is devoted to serving alcoholic beverages and in which the :service of food is only incidental to the consumption of such beverages. B. 'Employee, means any person who is employed by any employer for direct or indirect monetary wages, profit, or any other form of consideration. C. 'EmFloyer' means any person, partnership, corporation, including municipal corporation, or oti~er entity which employs the services of four or more persons. D. 'Enclosed Facility' means any building or room within a building closed in by a roof and four walls with appropriate openings for ingress and egress but does not include areas commonly described as public lobbies. lei 'Motion Picture Theater' means any thea. ter engaged in the business of exhibiting motion. pictures. F. 'Service Line' means an indoor line or area in which persons await service of any kind, regardless of whether or not such service involves the exchange of money or other considerationl Such service shall include; but is not limited to; sales, giving of information, directions, or advice and transfers of money or goods. G~ 'Workplace' means any enclosed area of a structure or portion thereof occupied by a business entity and frequented by employees during the normal course of their employment and where clerical, professional~ or business services of the business entity are performed or where 'other work is done at thst location: Workplace includes; but is not limited to, spaces in office buildings, medical office waiting rooms, libraries, museums, hospitals and.nursing homes, employee lounges, conference rooms and employee' cafeterias~ A private residence is not a workplace~ H' 'Smoke' or 'Smoking' means and includes any of the following: {1) the combustion of any cigar; cigarette, pipe'~ or any similar article, using any' form of tobacco or other combustible substance in arfy form, or (2) the holding or carrying of a lighted, cigar, cigarette, pipe or any other lighted smoking devide, or (3) emitting or exhaling the smoke directly from a cigar, cigarette, pipe or any other lighted smoking device. 6.30.030 Smoking Prohibited - Elevators Smoking is prohibited and is unlawful within elevators in public or private buildings generally used by and open to the public including, but not limited to, elevators in office, hotel and multifamily residential buildings. 6.30.040 'Smoking Prohibited - Hospitals and Health Care Facilities A. In public areas of health care facilities. and hospitals, as defined in Section 12S0 of the California Health and Safety Code, including waiting rooms, public hallways and lobbies, all smoking is -2- prohibited, except in specially designated smoking areas, which may be all or part of a public area. B. Every publicly'or privately owned health care facility, including hospitals, shall make.a reasonable effort to determine preference and to assign patients placed in rooms occupied by two or more patients according to the patient's individual nonsmoki'ng or smoking preferencei C'. In rooms and areas occupied by two or more patients, smoking shall be prohibited for hospital staff, visitors and the general public' 'STAFF AND VISITOR SMOKING PROHIBITED' signs shall be conspicuously posted in such areas. 6'30.050 Smoking Prohibited - City Council Chambers Smoking is prohibited and is unlawful within a contiguous area of not less than fifty percent of the total area of the City Council Chambers of the Anaheim Civic Center which has been designated and posted as a no smoking area by the City by signs of sufficient number and posted in such locations as to be readily seen by persons within such area. 6' 30: 060 .. Smoking Prohibited'- Theaters A: Smoking is prohibited and is unlawful in every publicly or privately owned motion picture theater which is.open to the public for the primary purpose of exhibiting any motion picture in all areas except either in that area commonly known as the lobbyi'of'iq'oareas not open to the publicl Every owner and/or manager of such theater shall post signs conspicuously, in the lobby stating that smoking is prohibited within the theater and such information shall be shown upon the screen for at least five seconds before Showing feature motion pictures. B" Where not otherwise prohibited by law; smoking may be prohibited within all or any pOrtion of any auditorium or other enclosed facility which is open to the public for the purpose of exhibiting any stage drama, musical recital, athletic event or any other performance or event open to the public upon the posting of signs in those certain areas where smoking is prohibited as determined by the owner or person in control of said facility or portion thereof. Said signs shall be posted conspicuously in the areas where smoking is prohibited and shall conform to the specifications set forth in Section 6.30.120 of this chapter. The term 'person in control of said facility or portion thereof' as used herein shall mean any person or entity which has leased, rented, hired or otherwise obtained .the right to :. -3- use of such facility or portion thereof for tl~e purpose of exhibiting such performance or event to the public. Nothing contained herein shall require the owner or person in control of such facility or portion thereof to designate and post such facility or any portion thereof as a nonsmoking area except in those certain facilities and areas where smoking is prohibited by the fire marshal or by any other law, ordinance or regulation. 6.30.06S Smoking Prohibited -. Anaheim Stadium Suites and Executive Boxes Smoking is prohibited and is unlawful in any suite or executive box within Anaheim Stadium provided the licensee or other person; firm, corporation or entity having control of the occupancy of said suite or executive box shall have posted or caused to be posted signs prohibiting smoking within such suite or box. The posting of any such suite or executive box as a no smoking area shall be at the sole discretion of ~ such licensee or person, firm, corporation or entity having.control of the occupancy thereo£i 62302070 Smoking Prohibited - Public Restroom$ Smoking is prohibited and is unlawful in public restrooms containing less than 200 square feet of floor area in any public or private building2 6'230 080~ Smoking Prohibited - Indoor Service Lines · Smoking is prohibited and is unlawful in indoor service lines in public or private build-ings-in.. which more than one person is giving or receivi~ · services of any kind. Service lines for concession stands at Anaheim Stadium shall not be deemed 'indoor service lines' for purposes of this Section. 62 302 0~)0 Nonsmoking Areas in Restaurants Al' Restaurants and other eating establishments having an occupancy capacity of fifty (50) or more persons shall by signs designate an adequate amount of seating capacity to fully meet . demands of nonsmokers and shall ask each patron or party of patrons their preference. Where seating does not include a host or hostess, there is no requirement to ask each patron; however, signs complying with Section 6.30.120 of this Chapter designating smoking and nonsmoking,areas shall be posted at the entrance or in the reception 'area to clearly direct customers to the correct area of the restaurant. Every restaurant shall have posted at its entrance and/or reception area a sign clearly stating that both smoking and nonsmoking sections are available. In any restaurant where smoking -4- is entirely prohibited, there shall be a sign to that effect at its entrance and/or reception area. B. Each such restaurant or eating establishment shall have a written policy describing how nonsmokers are to be accommodated in the restaurant per subsection A above and shall present its policy to any City: Code Enforcement Officer or member of the public when asked~ : C. If a patron begins smoking in a nonsmoking section, the waiter or waitress serving such area or, in self service restaurants, the restaurant manager shall inform him or her that smoking is prohibited in such section and if the patron refuses to cease, the waiter, waitress or manager shall attempt to reseat him or her. Df This section shall not apply to any rooms which are being used for eating establishment purposes for private functions, but only while any such room is used for such private functions. 'The' term 'private functions' as used herein shall include all eating functions not open 'to the general public or establishments open only to members and their guests. E' After this section has been in effect one year, the City Council shall reevaluate this Section. 6'50'090 to determine whether it is being adhered to, and whether it provides adequate protection to the' nonsmoker. 61301100 Smoking Prohibited - Retail Food Production and Marketing Establ~ghments Smoking is prohibited and unlawful in any retail food marketing establishments including grocery stores and supermarkets except {i) those areas of such establishments set aside for offices, (ii) areas thereof not open to the public and (iii) areas thereof set aside for the serving and/or consumption of food and. beverages. Such food and beverage areas shall be subject to the provisions of Section 6'30.090 if such areas have an occupancy capacity of fifty (50).¢r more persons. 6.30.110 Regulation of Smoking in the 1Vorkplace A. Within ninety {90) days of the effective date of this Chapter, or within ninety (90) days of first becoming an employer as defined in this Chapter for employers who are not in operation of the effective '. date of this Chapter, each employer shall adopt, implement, and maintain a written smoking policy which shall contain at a minimum the following: -S- 1. Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical faciliti'es, hallways and elevators. 2. Provisions and maintenance of a contiguous no smoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee loun£es. 3~ Any employee in the workplace shall be given the right to designzte his or her immediate work area as a nonsmoking area and to post it with appropriate signs or sign~ The policy adopted by the employer shall include a definition of the term 'immediate work area' which gives preferential consideration to nonsmokers~ B. In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. C' Except where other signs are required, whenever smoking is prohibited~ conspicuous signs shall be posted so stating which signs shall conform to the provisions of Section 6.30'120 of this Code. D' The smoking policy shall be communicated to all employees within three weeks o£ its adoption~ E' Notwithstanding the provisions of Paragraph A of this Section, every employer shall, have the right to designate any workplace as a nonsmoking area or to adopt and enforce a smoking policy more restr'ictive than the provisions of Paragraph A 3~ this .Section. P' This Section is not intended to regulate smoking in the following places and under the following conditions ' . as a workplace. A private residence which may serve 2. Any property being operated by any governmental agency other than the City of Anaheim. 3. An enclosed workplace occupied exclusively by smokers, even though such a workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the ['ire marshal or by other law, ordinance or regulation. Bars as defined in Section 6.30.020. -6- S. Pood service areas of eating establishments where food is served to and/or consumed by patrons. G. It shall be unlawful for an employer to fail or refuse to adopt, implement and maintain a written smoking policy which conforms to all applicable provisions of this Section. 6.30.120 Posting of Signs Required Except where other signs are required~ whenever in thfs Chapter smoking is prohibited, conspicuous signs shall be posted so stating~ containing all capital lettering not less than one inch in height on a contrasting background and/or the international No Smoking logo. It is the duty of the owner, operator, manager, or other persons having control of such room~ building, or .other place where smoking is prohibitedi to post such signs or to cause such signs to be posted~ 6' 30' 130 Structural Modifications not Required Al it shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent · possible, 'but employers are not required to incur any expense .to make structural or other physical modifications in providing these .areasl Bi.' Nothing in this Chapter shall require the · . . owner, operator, or manager of any theater, auditorium, h~alth care facility; Or any building; facility;~ structure, or business, to incur any expense to'make structural or other physical modifications to any area or workplace. C. Nothing in this Section shall relieve any person from the duty to oost signs or adopt policies as required by this Chapter. 6.30.140 Administration The no smoking regulations established by this Chapter shall be administered by the City Code Enforcement Supervisor and the Code Enforcement Officers under such supervisor's direction. · 6.30.150 Exemptions Any owner or manager of a business or other establishments subject to this Chapter may apply to the City Code Enforcement Supervisor for an exemption or modification to any provisions of this Chapter due to unusual circumstances or conditions. -7- A. Such exemption shall be granted only if the City Code Enforcement Supervisor finds from the evidence presented by the applicant for exemption at a hearing either that' 1, The applicant cannot comply with the provisions of this Chapter roi' which an exemption is requ'ested without incurring expenses for structural Or other physical modifications other than posting signs, to buildings and structures. 21 Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. Bi The applicant for an exemption shall pay a fee on One Hundred Fifty Dollars ($150~00) at the time such application .for exemption is filed to cover cost of the hearing and noticing of the hearing' Notice of the time and place of said hearing shall, be mailed to the applicant and published in a newspaper of general circulation within the City of Anaheim not less than ten (10) days prior to said hearing~ 6'30'160 Violations and Penalties Any person who violates any provision of this Chapter by smoking in a posted 'No Smoking' area or other area in which Smoking is prohibited by any provision df this Chapter, or by failing to post or cause to be posted a required 'No Smoking' sign, or failure by An employer to regulate smoking in the workplace as required by Section 6'30'110~ is gfi~lty of · . . an infraction.and, upon conviction thereof, shall be punished by (1) a fine not exceeding Fifty Dollars ($50.00) for a first violation; (2) a fine not exceeding One Hundred Fifty Dollars ($150~00) for a second violation of..the same ordinance within one (1) year; (3) a fine not exceeding Five Hundred Dollars ($500;00) for each additional violation of the same ordinance within one (1) year." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declar'ed for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any.-such portion ag may be declared invalid. -8- SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same'to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. TIlE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of March, 1986. ATT'~-ST' "~ ~AYOR OF THE CI'TY OF ANAHEIM CITY CLERK OF THE' CITY OF ANAHEIM JLl~'fm .- 4571M ~ .. 030586..'.. . .. -9- ORDINANCE NO. 5357 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.30 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SMOKING IN PUBLIC PLACES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 6.30.050 of Chapter 6.30 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "6.30 · 050 8HOKZNG PROHZBZTED WZTHZN CZTY OILED ~ OPERATED BUZLDZNGS. .010 It shall be unlawful for any person to smoke within any enclosed building, or within any portion of any enclosed building, which building, or portion thereof, is both owned and operated by the City of Anaheim, except as hereinafter set forth. .020 Subsection .010 above shall not apply within any City owned and operated building, or portion thereof, .during any period of time 'such building, or portion thereof, is leased, rented, licensed, 'or for which the right of exclusive or private occupancy has been granted, by the City to any other person or entity, unless the lessee, tenant, licensee or person or entity having control of such occupancy shall have posted or caused to be posted therein signs prohibiting smoking as otherwise required or authorized by this Chapter. The provisions of this subsection .020 shall not apply to any event or activity held within any City owned building, during such times as said event or activity is open to the general public, regardless of whether a fee is charged for admission to such event or activity. .030 For purposes of this Section, the following terms shall have the respective meanings hereinafter set forth: .'0301 The term 'building' shall not include the Anaheim Convention Center or Anaheim Stadium, or any portions thereof. .0301 The terms 'City' and 'City of Anaheim' shall include the Anaheim Redevelopment Agency, Anaheim Housing Authority, and the Anaheim Public Improvement Corporation. .0302 The term 'owned' shall include any property interest of the City of Anaheim (as herein defined) whereby the City has obtained the right of exclusive possession or occupancy whether by fee title or as lessee, sublessee, tenant or otherwise." SECTION 2. That 'Section 6.30.055 be, and the same is hereby, added to Chapter 6.30 of Title 6 of the Anaheim Municipal Code,. to read as follows: "6.30.055 SMOKINH PROHIBITED WITHIN THE ANAHEIM CONVENTION CENTER. .010 It shall be unlawful for any person to smoke in any place or area within the Anaheim Convention Center, except as hereinafter provided. '.020 Notwithstanding subsection .010 above, smoking shall be permitted within any office leased or rented by the City to any person or entity unless the lessee or tenant, shall have posted or caused to be posted signs prohibiting smoking within such office. Smoking in offices shall be prohibited to the extent required by Section 6.30.110 of the Anaheim Municipal Code." SECTION 2. That Section 6.30.065 of Chapter 6.30 of Title 6 of the Anaheim 'Municipal Code be, and the same is hereby, amended to read as follows: · "6.30.065 SMOKING PROHIBITED WITHIN ANAHEIM STADIUM. .010 It shall be unlawful for any person to smoke in any place or area within Anaheim Stadium, including but not limited to any event seating and aisle areas, except as hereinafter provided. ' .020 Notwithstanding subsection .010 above, smoking shall be pez~itted within the following places and areas within Anaheim Stadium: .0201 Upon or within any concourses or rampways. For purposes of this Section, 'concourses' shall mean the pedestrian walkways on each level of the Stadium which are generally located between the event seating areas and the outside walls or confines of the Stadium structure and which walkways provide patron circulation within and around each level of the Stadium. For purposes of this Section, 'rampways' shall mean the pedestrian accesswaYs which connect and provide patron access from one level of the Stadium to another. .0202 Within any suite or executive box unless the licensee or other person or entity having control of the occupancy of said suite or executive box shall have posted or caused to be posted therein signs prohibiting smoking. The posting of any such suite or executive box as a no smoking area shall be at the sole discretion of such licensee or person or entity having control of the occupancy thereof. .0203 Within any.office or other enclosed area (except the Stadium Club or any other stadium restaurant) leased, rented, licensed, or for which the right of exclusive or private occupancy has been granted to any person or entity for a period of time, unlesS the lessee, tenant, licensee or person or entity having control of the occupancy thereof shall have posted or caused to be posted signs prohibiting smoking within such office or other enclosed area. Smoking in offices shall be prohibited to the extent ~equired by Section 6.30.110 of the Anaheim Municipal Code. The posting of any other enclosed area as a smoking area shall be at the sole discretion of the person or entity having control of the occupancy thereof. .0204 Within the Stadium Club or any other stadium restaurant except where, and during such times as, smoking is prohibited by the requirements or under the authority of Section 6.30.090 of the Anaheim Municipal Code." SECTION 3. That Paragraph D of Section 6.30.090 of Chapter 6.30 of' Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "D. This section shall not apply to any rooms which are being used for eating establishment purposes for private functions, but only while any such room is used for such private functions. The term private functions as used herein shall include all eating functions not open to the general public or establishments open only to members and thei~ guests; provided, however, functions held within the Stadium Club at Anaheim Stadium which are open to Stadium Club members and their guests shall not be deemed 'private functions' as used herein." SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for '~iolations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a ~waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2n~ day_ of March MAYOR OF THE CITY OF ~AHEIM JLW: lm O3 3SMOKE. 12 AN ORDINANCE OF THE CITY OF DARA POINT, CALIFORNIA, REPEALING SECTIONS 4-7-12 THROUGH 4-7-13 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE A~D ENACTING CHAPTER 6.40 "PROHIBITION IN CERTAIN PLACES OPEN TO THE PUBLIC" OF THE DANA POINT MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF DANA POINT DO~S HEREBY ORDAIN AS FOLLOWS- · - SECTION 1. Ch&prat 6.40 "PROHIBITION IN CF~TAZN PLACES OPEN TO THE PUBLIC" ie hereby added to the Dana Point Municipal Code to read ae follows= "Cha_uter 6.49 PROHIBITION IN CERTAIN PLACES OPEN TQ_.THE PUBLIC 6.40.010 6.40.020 Prohibition· Places open to the public within buildings owned or leased by the City of Dana Point, 6.4o. 010 Prohibition. Smoking. 'shall be prohibited in the following public places within the City of Dana Point: (a) Elevators open to and in use by the public; (b) waiting rooms, public hallways and patients' rooms of every private or public health care facility, including., but not limited to, hospitals except rooms limited to a single patient and not open to the general public; Cc) Within every.room, chamber, place of ~eeting or public assembly, during such tiao es a Beating required by law to be open to the general public is in progress; (e) Within any building or room not open to'the sky, except the lobby, when that building or room is open to the public for the purpose of exhibiting any motio~ p~cture, stage drama, lecture, musical. recital or other etmllar performance except when smoking is part e~ the stage produ~cion; In any establishment where food is h~ing served to the general public; provided, however that: -1- Ordinance No. 93-07 ~ae 2 (~) (2) (3) building vhorein a Uno-smoking. area of not less than seventy-five (Tat) of t~e riser space and of the seating oapecity in which cuatonere ere served lo uaintainod; conunencing on July 1, lees smoking shall 'be prohibited in one hundred percent (xO0t) or any building where food is being served to the general public; thio prohibition against snaking shall not apply to any area o£ a building (aa) (cc) open to the sky or open on et least tvs full sides, and wherein not leos than fifty percent (SOt) o£ such area is a Uno anok.ingu area; any private party or banquet rosa or roans during its use by a private party group or groups; any bar, cocktail lounve, or other sinilar area where alcoholic beverages are the prlnar¥ sales In the halls, reading and viewing roans of nuseums and librar~ea when open to tho public; · · wi'chin retail stores doing b'dsinees with the general public in areas posted by the nanagenent to thac effect, excep~ in areas not open to the public. h' _6.40.020 places_scan to the Dublic within lmildina~ ~e~ ~.leas~d b~ t~.CiCy_?~:Da~a Po~n~_[ .ThOse places Open to · puo~c unaer section 6.4o.o10 2stated vithin Imildl~ge owned or leased by the City of Dana Point shall be regulated under Section 6.40.010; the prohibition of Section 4-7-11 oft. he Codified Ordinances of the County of Orange shall be inapplicable to such public places.~ ~~_~. Sections 4-7-~2 and 4o7-13 of the Codified Ordinances of the County of Orange, as adopted by r~ference by the City of Dana Point pursuant to Ordinance ~o. 89 1, are hereby repealed. -2- Ordinance 93-07 SECTZON 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, Aa for any reason held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, eu~xlivision, sentenoe, clause, phrase, or portion thereof, irrespective of tile fact the: any one or more sections, subsections, subdivisions, sentences, cl&uees, phrases or portions thereof be declared invalid or unconstitutional. S£¢TION_4. This ordinance shall bacons effective on 3uly 1, 1993. The City Clerk shall certify to the adoption of th~s Ordinance and cause the sa~e to be posted st the duly designated posting places within the C~ty and published once within f~fteen (~5) days after passage and adoption as required by lay; or, £n the alternative, the City Clerk nay cause to be published a summary of this Ordinance and a cart~fisd copy of the text of th~s Ordinance shall be posted in the Office of the City Clerk f~ve (5) days pr~or to the date of adoption of this Ordinance; and, vithin f~fteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned sunmary and shall post a cer:£f~ed copy of this Ordinance, together with the vote for and against the sa~e, in tho Office of the C~ty Clerk. PASSED, April, 1993. APPROVED AND ADOPTED this 13th day of ATTEST: -3- I%'.I-501 IRVINg CODE CHAPTER 5. SMOKING REGULATED OR PROHIBITED' Sec. IV.I.501. Purpose of findings. The city council finds that the smoking of to- bacco, or any other weed or plant, is a positive danger to health and a material annoyance, in- convenience, discomfort and a health hazard to chose who are present in confined spaces; 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 weed or plant, in public places and in certain other places open to the general public, as stat~} and required in this chapter. (Ord. No. 85-36, § 1, 10-22-85) Sec. IV.I-502. Definition{. T~,e following words and phrases, whenever used in this chapter, shall be constructed as defined in this section: ia) Bar shall mean an area which is devoted to serving of alcoholic beverages and in which the service of food is only incidental to the consump- tion of such beverages. ~) Motion picture theater means any theater engaged in the' business'of exhibiting motion pictures. (c) Smoking means the combustion of any cigar, cigarette, pipe, or any similar article, using any form of tobacco or other combustible substance in any form. (d) Workplace me*-- any enclo~d area of a structure or portion th~ intended for oceupam'y by buzineu entitiu for indu~ri~l, manufactur- lug, office or other bu~inm p~ (e) Food seruice counter area me-,,- a bar or counter area which is primm'ily devoted to the service of food and where the service of alcoholic beverages is only incidental thereto. Where the gro~ receipts from the sale of food is more ~ ~y (50) percent of the total gross receipts from the bar or counter area, it shall be conclusively presumed that the bar or counter area is primar. ily for the service of food. (f) Civic Center means any enclosed structure, building or portion thereof located in the City of Irvine Civic Center at #1 Civic Center Drive. (Ord. No. 85-36, § 1, 10-22-85; Ord. No. 86-6, § !, 3-11-86; Ord. No. 87-29, §§ 1, 2, 10.27.87; Ord. No. 88-25, § 1, 10-11-88) Sec. IV.I-503. Smoking prohibited--Elevators. Smoking is prohibited and is unlawful within elevators in buildin~ generally used by and open to the public, including elevaumrs in office, hotel and multifamily buildings./Ord. No. 85-36, § 1. 10-22.85) See. IV.I-504. Sm~e--~ and health ca~ facilities. ia) In public areas of health care facilities and hospitals, as defined in section 1250 of the Call. fornia Health and Safety Code, including waiting rooms, public hallways and lobbies, all smoking is prohibited, except in specially designated smok- ing areas, which may be all or part of a public area o lb) Every publicly or privately owned health care facility, including hospitals, shall make a reasonable effort to determine preference and to assign patients placed in ro~ms occupied by two (2) or more patients according to the patient's individual nonsmoking or smoking preference. ¢c) In rooms and areas occupied bY two t2} or more patients, smoking shall be prohibited for hospital staff, visitors, and the general public. "STAFF AND VISITOR SMOKING PROHIBIT. ED" signs shall be .conspicuously posted in such areas. (Ord. No. 85-36, § 1, 10-22-85~ See. IV149~. ~,,~,--Irvine Civic Center. and public meeting rooms. (a) Smoking iz prohibited, and is unlaw/ul in any enclo~/building or structure located within the City of Irvine Civic Center as defined in sec- tion IV.1-502(f) of the Irvine City Code. (b) Smoking is prohibited and is unlawful in hearing rooms, conference rooms, ch-tubers, and places of public assembly in which public busi- *Editor's uot~-Ord. No. 16/i, { 1. adopt~i May 25, 19/8, mp~i/ic~lly ameud~ the C~ by a~ ch. 5, ti ~.I.501--~.I~. Su~uently ~. No. ~, t l, a~ ~. ~, 19~, ~~ ~ da~r m ~,d ~ ~t ~t in ti ~.I~1-~.I413. Sup~ No. 31 -- 3812 HEALTH ~ IV.I.S06 or provides direct participation or observation by the general public. (Ord. No. 85-36, § I 10-22-85; Ord. No. 88-25, § 2, ].0-11-88) Sec. IV.I.506. Same--Theaters and audito- riums. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any Supp. No. 31 3812.1 HEALTH ~ [V.I-50~ or provides direc~ participation or observation by the general public. (Ord. No. 85-36, § 1 10-22-85: Ord. No. 88-25, § 2, 10-11-88) See. IV.I~506. Same--Theaters and audito. Smoking is prohibited and is unlawful in every publicly or privately owned theater, auditorium, or other encioeed facility which is open to the public for the primary purpose of exhibiting any Supp. N~ 31 3812.1 HEALTH ! IV.I-600.1 motion picture, stage drama, musical recital, ath. letic event, or any other performance or event in all areas except either in that area commonly known as the lobby, or in areas not open m the public. Every owner and/or manager of such the- ater, auditorium, or other enclosed facility used for the purposes stated herein shall po~ signs conspicuously in the lobby stating that smoking is prohibited within the theater, auditorium, or facility. (Ord. No. 8~, § L 10-22.8~) Sec. IV.I-607. Same--Public rest room. Smoking is prohibited and is unlawful in public rest rooms. (Ord. No. 85-36, § 1, 10-22-85) See. IV.I-508. ~me--Indoor service linee. Smoking is prohibited and is unlawful in in. door service lines in which more than one (1) person is giving or receiving services of aay kind. (ertl No. 85-36, § 1, 10-22-85) Sec. IV.I-509. Same--Eatinf establishments. Smoking is prohibited and is ~lrtlala~ ill publicly or privately owned coffee shop, cafeteria, foun?J~,% res~urant or other eatin~ est~~t 'serving food whoee occupied capacity is for~y (40) or more persons, excludin~ from that calculation of capacity any portion of such facility which is locM~l ouuloors and any portion of such facility which is utilized for bar p~; not~ithstand- lng the fore,lng, smoking is prohibited and lawful at all foocl service counter areas. This pro- hibition shall not apply to any such m,in_t~inin_a a conLi~mous no-smokin~ ar~ of not less than ~ (50) perce~ of both the seating capacity and the floor'space in which customers are being served, includin~ all food service coun~- ers, excludin~ fi'om said calculations any por~ion of counters of' such facility which is located our doors and any portion of such facility which is utilized for bar ~ Tl~ia prohibition shall not apply to .any rooms which are bein~ used for eating est~lishment p~ for private Amc- t~ons while any such room is used for such l~Vate functions. At the request of a patron, the patron shall be seated in a nonsmokin~ area ff available. (Ord. No. 85.36, § 1, 10-22-85; Ord. No. 87-29, § 3, 10-27-87) See. IV.I.509.1. Refulation of smoking in the office workplace. (a) On or before June 30, 1986, or within ninety (90) days of having i'u-st engaged the ~ervices of an employee, for employers who are not in opera- tion on March 31, 1986, each employer shall adopt, implement and maintain a written mmmoking policy which shall contain at a minimum the followin~ 1. Prohibition of smoking in employer conference and meeting rooms, while being used for con- ferences and meetings, classrooms, auditor- lures, re~trooms, medical facilities, hallways and elevator~ 2. Provision and maintenance of a contiguous no-smok~ing area of not less than the -.ea~ing capacity and floor space in cafeterias, lunch- rooms and employee lounges with a seating capaci~ of forty (40) or more people. Smoking shall be prohibited in cafeterias, lunchrooms of less than fort~ (40); 3. Any employee in the ofl~ce workplace shall be ~iven the right to designate his or her immediate work area as a noasmoking area and to post it with appropriate sign or signs. The policy adopted by the employer shall in- clude a definition of the term "immediate work area" which gives preferential considera- tion to nonsmokers. (b) In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. (c) Signs shall be posted in ao~tance with sec- tion IV.I.511. (d) The smoking policy shall be communicated to all employees within three (3) weeks of it~ adoption. (e) No w thsta t . ' pn,v m of subee on (a) of this section, every employer shall have the right; to deei~te any or,ce workplace as a (f) This section is uot intended to regulate smoking in the followiu~ places and under the following couditions; 1. A private home which may serve as an ot~ice Supp. No. 29 3813 I IV.I-I~.I IIWINE (:ODE 2. Any property owned or lea~t by other govern. mental agencies; 3. A private enclosed office workplace occupied exclusively by smokers, even though such an office workplace.may be visited by nonsmo~ excepting places in which smokin8 is prol~bited by the ftre marshal, or by other law, ordi. nance or regulation. (g) An employer may submit the proposed smoking policy to the cit7 for review aa to com. pliance with the provisions of this section. An employer shall be deemed'to be in compliance with the provisions of this section during such period of time that an ontinance is under review by the city, and ii' the employer adopts any recom- mended re~--~.:o-.,a tu the pclicy ~ tc ~ employer by the city as a result of that review. It' an employer disagrees with the city's interpretation that a smoking policy is not in compliance with the pro- visions of this section, the employer may request a hearing on the issue of'compliance by .filing a written request therefor with the director of pub- a hearing on the issue of compliance of the smoking policy with the provisions of this section within thirtT (30) days follo~in.e, receipt of the notice of a request for es The hem shall be conducted by the director of public 'ety or his designee, and the decision of the director of public safety or the director's designee shall be ru~. The emplcyor shall have thirty (30) data after the decision of the director within which to revise the employer's smoking policy to con/om'to the director's determination. Ch) Employers subject to the provisions of seetioa IY.I-$09 shall not be subject to the provisions of this section. (Ord. No. 8&~, § 2, 3-11-86) Smokin~ ia prohibited and is unlawful in buse~ trams, taxi~ and other means at' pubUc trane- portation under the authority of the City of vine while withi,~ the boundaries of' the city. (OnL N~. 8536, § 1, See. lY.1411. POsting orplaeing of Mgn~. Any buainem with an area designated u a smoki area smmm to IV.I-510 shall.peet or cause to be posted and shall main~ no-smoking signs at the main enU-ance and in conspicuous locations within said area. All such signs shall be prominently displayed, shall clearly recite the phrase "no smoking" and/or use the international no-smoking symbol and shall cite the appropriate sections of the City of [rvine Municipal Code. Such signs shall be posted not less than five (5) feet nor more than eight (8) feet above floor level and shall be of sufficient number and location to catme the message of the signs to be clearly visible and readable. In addition; any business with a lawfully designated smoking area shall post or cause to be posted and shall main- tam signs dearly identifTing the designated amok. As an alternative to posting signs u required by this section, eating establishments may place sm~ si&m, cou~inin6 the m>~sag~ dee~ibed above, on each dining table located in an area subject to the provisions of-rids chapter. No per* son shall willfully mutilate or desUoy any sign required by thl- m~etion; ' In addition to the signs required herein, the hoeZ, h~ walter or waltre~ soatin& patrons within a food establishment shall advise the pa- trons at the. time they are seated whether 509 above. (Ord. No. 8~86; § 1, 1~22,8~; Ord. No. ' 864t, § 3, 3-114~6; Ord. No. 8?-29, § 4, 10-274~7) See. IVJ41~.. Stru~ modifications not required, (a) It _,,hal! be the rempon~bility of employers to provide smoke-free areas, for-nonsmokers within existing f&:ilities to the. maximum-extant poeai- bls, but employers are.no~ required to incurany expmme to make structural ~er phTsical modi- fications in providm~ these areas. Om) Nothing in ~ chapter shall require the owner~ 6petal, or ~ of any theater, audi- torium, hea~ cam facility, or any building, facil- ity,-struetm~,oe b~ to incur:any expo~to make str~-tm~l or other - physical modifications (c) Nothing.in this section shall relieve any person from tha duty to post signs or adopt poli- cies es required by this chapter. (Ord. No. ~, § 1, SUM~ No. ~9 3814 ! IV.I~Og.! IRVlN~ COD; 2. Any progerW owned or leased by other govern. mental a~enci~; 3. A privato enclceed o~ce workplace occupied exclumvely by smokers, even though such an exce~ plum in which ~no~ ia prohibited by the f'u-e marshal, or by other law, ordi. nance or regulation. (g) An employer nay submit the propo~d smoking policy to the city for review as to com- pliance with the provisions of this section. An employer shall be deemed to be in compliance with the provisions of this section during such period of time that an ordinance is under review by the city, end if the employer adopt~ any recom- mended revim~ to L~e poU~ ~ b; the employer by the city es a result of that review. If an employer disagrees with the city's interpretation that a smoking policy is not in compliance with the pro- visions of this section, the employer may request a hearing on the issue of compliance by filing a written request therefor with the director of pui~ lic safety. The directs- of public safet~ shall conduct a hearing on the issue of comPliance of the smoking policy with the provisions of this section within thirty (30) days following, receipt of the notice of a reque~ far hearing as M~ forth ~. The hasting shall be conducted by the director of public safety or his designee, end the decision of the director of public safety or the director's designee shall be C~maL The emPloyer shall have ~ (30) days after the. decision of the director within which to revise the employer's smoking policy to conform to the director's determination. (h) Employers subject to the provim'ons of section IV.I-§09 shall not be subjec~ to the provisions of ~ section. (Ord. No. 86-6, § Se,=. I~.I-510. Same--Public ~pormtton, Smokiag is prohihited and is unlawful in buses, ureas, taxi~ and other means of public trans. portation under the authoriW of the City of Ir. vine whUe within the J~oundaries of the city. (OnL N~. 85*36, § 1, 10~22~5) and in conspicuous locations within said area. All such signs shall be prominently displayed, shall clearly recite the phrase "no smoking" and/or uae the international no*smoking symbol and shall cite the appropriate sections of the City of lrvine Municipal Code. Such signs shall be posted not less than five (5) feet nor more than eight (8) feet above floor level and shall be of sufficient number and location to cause the messqe of the siS, as to bo clearly visible and remiable. In addition, any buainese with a lawfully designated 'smoking area sh~ll pos~ or cause to be posted and shall maia. cain siSna chariy iden~ying the designaMd smok. As an alternative to posting signs as required by this sec~4oa, eatJn~ estub!ish_~en*.s may Flace small signs, coataininf the messages described' above, oa each dining table located in aa area subjec~ to the provisions of this chapter. No per- soa shall willfully mutilate or destroy aay sign required by this sectio~ Ia additioa to the signs required hereia, the ho~, hostess, waiMr or waitress searing patens within a food esUblishmeat shaft advise the pa- trons at the rime they are seaMd whether or not tb~ are aimaf wire,ia a smoking or nonsmoking 509 above. (Ord. No. 86-36, § 1, ~0-22~5; Ord. No. 86-6, § 3, 3-11~86; Ord. No. 87-29, § 4, ~0-27.87) See. IVJ-51~. Structural modifications not required. (a) It shall be the responsibility of employers to provide smoke*free erens for nonsmokers within existing facilities to the m--imum exaent possi- ble, but employers are not required to incur any .expenm to make m'uemraJ or other ph.vsical modi- fications in providing the~e Co) Nothing in this chapter shall require the owner, 0parsUl, or ~ of any theater, audi- Un'ium, honlth care facilitT, or any building, facil- ity, structure, or business to incur any expense to m*ke structure] or other physical modifications to any ~ or w~rkpl~e. (c) Nothing in th/s s~ction shall relieve any parson from the duty to po~ signs or adop~ poli- ~i~ ns ~ by th/, chapter. (Ord. No. 1, 10-~2~5) 3814 ~iEALTH ! IV.I.813 Sec. IV.I-613. Violations to be infractions. Violations o£ any provision of this chapter shall be an iht'faction, punishable as provided by $~ate law. (Ord. No. 85-36, § 1, 10-22-85) Crom referenee--B&ii for violation, ! IV.M. IO?. Sup~ Nb 29 3815 [The nexl; pale is 39111 ,.,,.,,,,-,,.,.'-~. ~nu ~.,.'~ L~-~Ur.. U~- CA CITIES FAX NO, "~'6444867I P, 02/I0 AMENDED IN SENATE MAY 24, 1994 A/vfENDED IN SENATE APRK, 6, 1994 AMENDED IN SENATE MARCH 7, 1994 AMENDED IN SENATE AUGUST 30, 1993 AMENDED IN SENATE AUGUST 19, 1993 AMENDED IN SENATE AUGUST 17, 1993 AMENDED IN SENATE ,N~Y 1, 1993 AMENDED IN ASSEMBLY MAY 24, 1993 AMENDED IN ASSEMBLY APRR, 12~ 1993 AMENDED IN ASSEMBLY FEBRUARY 22, 1993 ASSEMBLY BILL No. 13 Introduced by Assembly Member Terry Friedman (Principal coauthor: Assembly Member MargoUn) (Coauthors: Assembly Members Archie-Hudson, Bates, Caldera, Eastin, Gotch, Isenberg, Klehs, and 5olis) (Coauthors: SenatorS Petris , Ton~ and Watson) December 7, 1992 An act to add Section 6404.5 to the Labor Code, relating to occupational safety and health. LF. OISLATIVE COUNSEL'S DIGF. Sr AB 13, as amended, T. Friedman. Occupational safety and health: ,tobacco products. The existing California Occupational Safety and Health Act of 1973, adrrfinistcrcd and enforced by thc Division of Occupational Safety and Health w/thin the Department of Industrial Relations, prohibits any employer from occu~ or maintaidng any place of employment that is not safe and healthful. It also provides, under specified circumstance.% for m/sdemeanor penalties with respect to violatiom of the act, except W~.re another penalty is spedfically provided. JUN-02-94 THU 14:22 LERO~'~ OF C~ Gl'tiES F~X NO, 9~'-'-'t48671 I~, U3/IU This bill would additionally prohibit any employer from knowingly or intentionally permitting, or any person from engaging in, the smoldng of tobacco products in an enclosed space at spedfied places of employment. The bill would specif~ that, for purposes of these provisions, "place of employment" does not include certain portions of a hotel, motel, or other lod/ing establlshn~nts, meeting or banquet rooms subject to certain exceptions, retail.or wholesale tobacco shops, private smoker's lounges, cabs of motor trucks or truck tractors as specified, bars and taverns and gam/ng clubs subject to certain prescribed conditions, w:trehouse facilities, theatrical production sites, and medical research or treatment sites. It would also specify that, for purposes of these provisions, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not acted knowingly or intentionally if he or she has taken certain reasonable steps to prevent .~noldng by a nonemployee. It would allow an employar to.permit smoking in designated breakrooms under specified conditions. This bill would also specify that thc smoking prohibition set forth in these provisions shall constitute a uniform statewldc standard for regulating the smoking of tobacco products in enclosed places of employment, and shall supersede and rendcr unnecessary specifi~ local ordinances regulating the smoking of tobacco products in enclosed place~ of employment.- ,r~.., .... ,.m..... ...... ..,..,,.,.~'~,,,,,,--"° ~'....- ...,.~, ~u,,,,, ~,,.'~ ..... .,,,..., efft. c',/;'¢,,,,,,,'~"'- c,/ "--...,, This bill would additionally provide that a violation of the smoking proh~ition set forth in thes~ provisions is an in~raction punishable by specified' tines. It would further provide that the smo~ proh~ition shall be enforced by local law enforcement agencies, as specified, but would specify that the division shall not be required to respond to any complaint regarding a violation o! the smoking prohibition, unless the employer has been found guilty of a 3rd violation of the smoking prohibition within the prc~ious year, By establishing a new prohibition the violation of which is, under spe~fied circumstances, an Infracgo~ this bill would create a new o'ime and would thereby establish a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. Thh bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated lo/al program: yes. JUDt-U/-U4 IllU i4;ZZ L,t?~,: UD UR (SI'i'll:5 I-F~X NU, ~'q,444t~l~(1 V, U4/1U Thc people of the State of Califom/a do enact as follows: ~- SECIION 1. Section 6404.5 is added to the Labor Code, to read: 6404.5. (a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It h the intent of the Legislature in enacting this section to prohibit the smokin~ of wbacco products in all (100 percent of) enclosed places of employment in th~ state, ~s covered by this ~ction, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the /ntent of the Leghlature to create a un/form statew/de standard to restrict and proh/bit the smoking of tobacco products in enclosed places of employment, as spec/fled in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anyth/ng other than ind?liqc~utly harmful effects to exposed employees, rout aho to eliminate the confi~ton and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions..,Vo~it/utand~ any other.vrovi~ion of this section, it is the intent of the ~gislam~ that an, v ~ not defined a~ a ~lace of emplo~ent"pursuant to ~uMividon (d) or in which the smo/dng of tobacco products i~ not regulated 1~~ to mbdi~'on (e) shall be sub/ect to local ~egulation o£ s .mo~ o/tobacco.v~ _ Co) No employer shall knowingly or intentionally permit, and no son shah engage in, the smoking of tobacco products in an enclosed .,.ace at a place of employment. (c) For purposes of this section, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not actcxi knowingly or intentionally if he or she has taken the following reasonable steps to prevent smoking by a nonemployee: (1) Fosted clear and prominent signs, as follows: (A) Where smoking is prohibited throughout the buildin~ or structure, a sign sating "No smoking' shall be posted at each entrance to the building or structure. (B) Where smoking is permitted in designated areas of the building or structure, a sign stattn~ "Smoking is prohibited exd. ept in designated areas" shall be posted at each entrance to the building or structure. (2) Has requested, when appropriate, that a nonemploye~ who is smoldng refrain from smoking in the enclosed workplace. For purposes of this subdivision, "reasonable steps' docs not '-'ude (A) the physical ejectment of a nonemployee from the pln~e of .,loyment or (B) any requirement for making a request to & nonemployee JUN-02-94 I'MU 14:23 LI:A(? .... ul,, CA 61'l'tt:.~ I"flX NU, tC*""':'"'~48b/l t", Ub/lU to refrain fi.om smoking, under circumstances involving a risk of physical harm to the employer or any employee. (d) For purposes of this section, "place of employment" docs not include any of the following: (1) Sixty-five percent of the guest room accomn~odations in a hotel, motel, or similar transient lodging establishment. (2) Areas of the lobby in a hotel, motel, or other similar transient lodging establishment designated for smoking by the establishment. Such an establishment may permit smoking in a dcsignated lobby area that does not exceed 25 percent of the total floor area of thc lobby or, if the total area of the lobby is 2,000 square feet or less, that does not excccd $0 percent of the total floor area of the lobby. For purposes of this paragraph. 'lobby' means the common public area of such an establishment in which registration and other similar or related transactions, or both, are conducted and. in which the establishment's guests and members of thc public typically congregate. (3) Meeting and banquet rooms in a hotel, motel, other transient lodging establishment similar to a hotel or motel, restaurant, or public convention center, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes. At times when smoking is not permitted in such a meeting or banquet room pursuant to this paragraph, the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area on other than a passing basis. (4) Retail or wholesale tobacco shops and private smokers' lounges. For purposes of this paragraph: (A) 'Private smokers' lounge' means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. CB) 'Retail or wholesale tobacco shop' means any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories. (:5) Cabs of motor trucks, as defined in Section 410 of the Vehicle Code, or thick tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are present, (6) Warehous~ facilities. For purposcs of this paragraph, "warchousc faciHtlf means z warebou.~ facility with more than 100,000 square feet of total floor space, and 20 or fewer full-time employees working at the dU1'~-02-94 THU 14:24 LF~"~ OF GA OI'I'IES FAX NO. ,'~'~4448§71 facility, but does not include any area within such a facility that is _utilized as office space. (7) Gaming clubs, in which smoking is permitted by subdivision (0. For purposes of thin paragraph, 'gaming club" means any g~rnlng club as defined in Section 19802 of the Business and PrOfessions Code or bingo racility as defined in Section 326.5 of the Penal Code that restricts access to minors under 18 years of age. (8) Bars and taverns, in which smoking h permitted by subdivision (0. For purposes of this paragraph, "bar' or "tavern' means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental "Bar or tavern' includes those facilities located within a hotel, motel, or other s|m_~lar transient occupancy establishment. However, when located within a building in conjunction with another use, including & restaurant, "bar" or 'tavern' includes only those areas used primarily for the sale and service of alcoholic beverages. 'Bar" or "tavern" does not include the dining areas of a restaurant, re~rdless of whether alcoholic beverages are served therein. (9) Theatrical production sites, if smoki~ is an integral part of the story in the theatrical production. (10) Medical research or treatment sites, if smoking is integral to research and treatment being conducted. (11) ~. 'vatc residences, excePt for private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present. (e) (1) Employers may pcrmlt smoking in designated brcnln'ooms where all of the following conditions are met: (A) Air f~om thc smoking room shall be exhausted directly to the outside by an exhaust fan. Air from the smoking room shall pot bm recirculated to other parts of the building. (B) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the OcCUpational Safety and Health Standards Board or the federal 'l~nvironmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the OcCUpational Safety and Health Standards Board shall be no less stringent that the standards adopted by the federal ]~nvironmental Protection Agency. .... (C) The smoking room shall be located in a nonwork area where no . as part of his or her work responsibilities, is required to enter. JUN-02-94 THU 14:24 LERGI"""qF CA CITIES FRX NO, 91~""'~,8671 H, Of/ILl For purposes of th/s paragraph. "work respons~ilities" does not include any custodial or maintenance work carried out in the breakroom when it /s unoccupied. (D) There are so~cient nonsmoking breakrooms to accommodate not, reekers. (2) This subdMsion shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers. (0 (1) Except as otherwise provided in this subdlvizion, smoking may be permitted in g:~ming clubs, ns defined in paragraph (7) of subdivision (d), and in bar~ and taverns, as defined in paragraph (8) of subdivision (d), until thc carller of thc following: (A) lanuary 1, 1997. (B) The date of adoption of a regulation (i) by the Occupational Safety and Health Standards Board reduci~ the pcrmiss~le employee exposure level to environmental tobacco smoke to a level that will prevent anything other than insignificantly harm/ul effects to exposed employees or (i/) by the federal Environmental Protection Agency establishing a standard for reduction of perm~_ible exposure to environmental tobacco smoke to an exposure level that will prevent anything other than insignificantly harmfid effects to exposed persons. (2) If a regulation specified in subparagraph ('B) of paragraph (1) is adopted on or befor~ lanuaty 1, 1997, smoking may thereafter b~ permitted in gaming clubs and in bars and taven~ subject to full ¢ompUance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failln/to achieve complianc~ with, or conformity to, such a regulation with/n this two-year period shall prohibit smoking in the gaming club, bar, or tavern until complianc~ or conformity is achieved, If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency, (3) If a regulation specified in subparagraph (B) of paragraph (1) is not adopted on or before January 1, 1997, the exemptions specified in paragraphs (7) and (8) of subdivision (d) shall be inoperative on and aher January 1, 1997, until such a regulation is adopted, Upon adoption of such a regulation on or after January 1, 1997, smoking may thereafter bo permitted in gaming clubs and la bars and taverns, subject to full compliance with, or conformity to, the standard In the relulation within two years following the date of adoption of the regulation. An employer JUN-02-94 THU 14:25 LKP'-'~, OF C~ CITIES F~X NO..~'~448671 failing to achieve compliance with, or conformity to, such a regulation ~ithin this two-year period shall proh~it smoking ig the gaming club, , or tavern until compliance or conformity is achieved. If the ..¢cupational Safety and Health Standar& Board and the federal Envtromnental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety Standards Board shall be no less s~ent than the regulation~ of the federal Environmental Protection Agency. (g) The gnoM~ prohibition set forth in thi~ sectlan shall conm'tute a uniform statewide standard for regulat~ the ~tno~ of tobacco products in enclosed, t~lace~ of employment and shall ~'ttpersede and render unnecessary the local enactment or enforcement of local ordinance~ regulating the smoking of tobacco product~ in enclosed ptac~ of employment, lmofar a~ tl~ a'moMn8 prohibition ~et forth in thtt section i~ applicable to all (100 p~rcent o.0 plac~ of employment within this state an~ ther~for~ provider the maximum degree of coverage, the practical effect of thi~ section i.~ to eliminate the nted of local govemmentt to enact enclos~ workplace gnoking restd~'ons within their respecave ]uttntlctlona (h) Nothing in th{~ se. ctlon shall prohibit an employer from pro.hi'biting smoking [tn all enclosed place of employment for any reason. JUN-02-94 THU ! 4: ;~B LERO' ..... -~Jl' CFi L; 11'11::5I. R,~ Nu. ~ ~*"--t~,Ub ! 1 r. u~/I u (i) The enactment of local regulation of smoking of tobacco products in enclosed places of employment by local governments shall bc suspended only for as long as, and to thc extent that, thc (100 percent) smokin8 prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judidal action so that the (100 percent) smokin8 prohibition is no longer applicable to all enclosed places of employment in Cal/fornia, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, any area not defined as a *place of employment* or in which thc smoking is not regulated pursuant to subcUvision (d) or (e), shall be subject to local regulation of smoking of tobacco products. (j)' Any violation-of the prohibition set foFth in Subdivision (1:)) is an infraction subject to subdivision (d) of Section 17 of the Penal COde and, notwithstanding Section 19.8 of the Pen~! Code, is punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($$00) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local hw enforcement asendes including, but not limited to, local health departments, as determined by the local governing body. (k) Notwithstanding Section 6309, thc division shall not be required to rcspcmd to aW comp!sint regarding the smokin$ of tobacco products in an enclosed space at a place of employment, unless the employer has bccn found guilty pursuant to subdivision -tq0- 0') of a third violation of subdivision Co) within the previous year. (~)~ (/) If any provision of this act or the application thereof to any person or circumstances is held Invalid, that invalidity shall JUN-02-94 THU 14:27 LEN''''~, OF CR CITIES FRX NO, V'"'"448671 P, lO/lO not a/fca o~er provisio~ or applications of the ac~ that can be given e~ffect without the invalid prov/sion of application, and to this end the .~ions of th/$ act are severable. SEC. 2. No reimbursement ~ required by this act pursuant to Sect/on//of Article XHIB of the Ca~ornia Constiu~tion because the only costs wh/ch may be incurred by a local agency or school district w/il be incurred because fl~s act creates a new crime or infraction, changes the definition of s crime or ir~raction, chs.uges the penalty for a crime or infraction, or el/minates a crime or in'action. Notwithstanding Sect/on 17580 of the Government Code, unless othcrwhe spec/fled in th/s act, the provisions of this act shall bcc~m8 operative on the same date that the act takes effect pursuant to the California Co~tiration.