HomeMy WebLinkAbout18 ENFORCEMENT AB 13 05-15-95AGE[, DA
NO. 18
5-15-95
..,ATE:
MAY 15~ 1995
inter-Com
WILLIAM A. HUSTON~ CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ENFORCEMENT OF AB 13
RECOMMENDATION
· ,
It. is recommended that the city.council concur with the procedure
identified by staff for enforcement-of AB 13, utilizing the County
of Orange Health Agency as a resource to inform violating business -
owners of the requirements of AB 13. The actual issuance of
citations would remain under the authority of the City.
FISCAL IMPACT
Depending upon the direction of the Council, there are potential
fiscal impacts to the City associated withthis project since the
use of code enforcement, police and City Attorney staff may be
required to secure compliance from violating business owners. A
decision by Council to utilize the'County of Orange Health Care
Agency to perform lnitial business owner contacts would reduce this
cost somewhat. Although mandated by state law, the enforcement of
AB 13 by local jurisdictions does not qualify for compensation by
the state.
BACKGROUND/DISCUSSION'
Assembly Bill (AB) 13, "California's Law for a Smoke-Free
Workplace" officially went into effect on January 1, 1995. State
law now prohibits smoking in the majority of California enclosed
workplaces (including restaurants and other public places). It
should be noted that smoking in a·bar or tavern may continue to
occur until January 1, 1997, unless Cal-OSHA or the federal EPA
adopt new ventilation standards as specified in AB'13 (see attached
League of California Cities correspondence). The City Attorney has
reviewed the legislation and determined that enforcement of AB 13
is the responsibility of the local jurisdiction.
The City Council has -previously authorized the Community
Development Code Enforcement staff and the Police Department to
enforce AB 13. Only these individuals can issue citations.
The Orange County Health Care Agency has established a Tobacco Use
Prevention Program and has contacted local jurisdictions offering
to disseminate information about AB 13. The Agency proposes to
City Council Report
Enforcement of AB 13
May 15, 1995
Page 2
· serve as a first point of contact for complaints regarding
Wviolations of the.law. The County Health Care Agency has offered
to accept and respond to initial Complaints, informing local
'~'businesses of their obligation to comply with AB 13. A copy of the
informational brochure prepared by the County on AB 13 is attached.
~jStaff has spoken to the. Health Care~Agency~who have indicated that
they would prefer all first contacts with potential violators be by
the County. -
· In response to the City Manager's direction and the County's offer'
to assist, staff has prepared the following draft procedure:
1. All complaints regarding AB 13 violatiOns will be taken by City
staff and d~'~.rected to Community Development Code Enforcement for
formal tracking.
2. Once a complaint is-received by the City, City staff will inform
the County of the complaint.. The County will prepare and send a
notification to the offending business owner with a copy sent to
the Senior Planner in charge of Advance Planning.
3. If the Health Care Agency independently receives a complaint
regarding a business in the City of Tustin, they will not refer it
to the City of'Tustin Code Enforcement but will check their records
and if found to be an initial complaint, will send a notification
to the offending business owner.
.
·
4. Any additional complaints received by either the County or the
City for a location where the County has already previously pursued
contact would be forwarded to Code Enforcement for formal action.
Code Enforcement or the Police Department would investigate and
evaluate whether a violation is occurring by personally observing
the violation takinq place, and, if observed, cite the on-Site
manager or business owner for.violation of Section 6404.5 of the
California Labor Code. Citations would be processed by the County
Municipal Court.
ExceptiOn: The Police Departmentlhas requested the flexibility to
immediately issue a citation in the field when a violation of AB 13
is'personally witnessed by its officers' even in cases where it
cannot be established whether the business owner has been given
previous notice by the County. It ~should be noted that Police
Department involvement will be primarily limited to weekends and
evenings when Code Enforcement staff are not typically available to
provide information as to whether the business owner had been
notified.
'City Council' Report
Enforcement of AB 13
May 15, 1995
· Page 3
CONCLUSION
Staff believes that the use of County Health Agency services in
this matter would facilitate the City's enforcement of AB 13.
Staff requests that Council concur with the procedure identified
above for enforcement of AB 13 utilizing the County of Orange
.Health Agency as a resource to inform violating business owners of
the requirements of AB 13.
Dana Ogdon~- -
Senior Planner
Christine A. Shin~ton
Assistant City Ma~fager
Attachments:
1. League of California Cities "Bar and Tavern"
correspondence
2. Health Agency Brochure
DO: do: kd\ab13, do
March 17, 1995
{mmm!
' mmm
mmmm League o(Ca{{(orn{a Cit{es
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)mmmm.. ,400 K STREET · SACRAMENTO, CA 95814 · (916) 658-8200 -
California Cities ~
Work Together
'TO: City Managers
AB 13 Implementation (Chapter 310, Statutes of 1994)"
Smoking in Enclosed Places of Employment
Labor Code Section 6404.5
Clarification of Smoking In A Bar or Tavern
Over the last few months, the League has received a number of questions regarding the
application of AB 13 to smoking in a bar or bar area. Although AB 13 generally prohibits ·
smoking in enclosed places of employment, it exempts fourteen areas from that definition and
thus allows smoking in those areas. One of the exceptions is a bar or tavern, under certain
circumstances.
In light of the questions received about how to apply this exception, the League consulted
with the California Restaurant Association, the California Hotel & Motel Association and the
staff of the Assembly Labor and Employment Committee in an attempt to provide guidelines
for interpreting this exception. We hope the attached document is helpful in resolving
questions about when smoking is permitted in a bar or bar area..
City officials should remember that although AB 13 includes fourteen exceptions to the
definition of "place of employment'', it also explicitly authorizes local governments to regulate
in any area not included in the definition of place of employment. Thus, local governments
may enact different standards for any of those fourteen exceptions, including a bar or tavern.
We encourage city officials who have questions about interpreting AB 13 or about smoking in
a bar or bar area to consult with their city attorney.
cc: City Attorneys
CLARIFICATION OF SMOKING IN A "BAR" OR "TAVERN"
AB 13 (Chapter 310- Statutes of 1994)
California Labor Code Section 6404.5(d)(8)
League of California Cities
March 1995
INTRODUCTION
AB 13 (T. Friedman; Chapter 310, Statutes of 1994) prohibits smoking in all enclosed places
of employment, with the exception of fourteen areas that are excluded from the definition of
"place of employment." One of those exceptions is for a "bar" or "tavern". In light of the
.large number of questions and concerns raised by restaurateurs, hoteliers, local officials and
others, representatives from the California Restaurant Association, the California Hotel &
Motel Association, and the League of California Cities have reviewed the bill's text and intent
in an attempt to provide assistance as AB 13 is implemented. These three organizations, in
consultation with Assembly Labor and Employmem Committee staff, suggest the following
interpretation as operational guidelines for local jurisdictions and affected industry.
These interpretative guidelines are intended to be simple, fair and as 'straightforward as .
possible. They will apply only to a finite period of time that is clearly designed to ease the
transition to when there may be no exemption for a bat or tavern from the 100% smoking
prohibition in AB 13 (i.e.,. until January 1, 1997, unless Cai-OSHA or the federal EPA adopt
new ventilation standards as specified in AB 13).
WHEN IS SMOKING PERMITTED IN A "BAR" OR "TAVERN"?
The relevant portion of AB 13 is new Labor Code Section 6404.5(d)(8), which reads as
follows:
Bars and taverns, in which smoking is permitted by subdivision (D. For the 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
similar transient occupancy establishment. However, when located Within a building in
conjunction With another use, including a restaurant, "bar" or "tavern" includes only those
areas use. d primarily for the sale and service of alcoholic beverages. "Bar" or "tavern" does
not include the dining areas of a restaurant, regardless of whether alcoholic beverages are
served therein.
As used in this section, these three organizations (the League of Califomia Cities, the
California Restaurant Association, and the California Hotel & Motel Association) suggest that
the word "primarily" means that more than half of the total gross sales for the bar or bar area
during a regularly utilized sales period are derived from the sale and service of alcoholic
sales of food in that bar area are less than 50% of the total gross sales of that bar area. If the
facility does not meet this sales criterion, smoking is. permitted only at the bar counter and
nearby cocktail tables, as described in example three below.
An example of this type of facility is a bar area that is a room located in a restaurant
establishment, but which is in a different part of the building than the xestaurant dining area
(i.e.,the bar area is not adjacent to or part of.the dining area). Similarly, this example
includes such rooms that may be adjacent to the restaurant dining area but are separated from
the dining area by walls, doors, and similar construction. It would also include a lobby
lounge in a hotel if the space is licensed by the ABC as a "bona fide public eating place."
The key questions in all of these eases, as in all of the other examples, is whether the food
sales are less than 50% of the total gross sales for the bar area involved.
3. In a facility licensed as a "bona fide public eating place" in' which the "bar area", including
bar stools and nearby cocktail tables (but not including a "service bar", which is used to
provide alcoholic beverage .service to only waiters and waitresses), is located within a
restaurant dining area, smoking is allowed only in the "bar area" (i.e., at the bar counter
itself and nearby cocktail tables). But, smoking is permitted only when the total food sales
for that "bar area" are less than 50% of the total gross sales for the "bar area." The
exemption for this type of facility applies regardless of whether the "bar area" is.separated
from dining tables by some type of barrier, divider or open space, and regardless of where the
"bar area" is located within the restaurant (i.e., against the wall, in the middle, or elsewhere).
An example of this type of facility is a bar that is in the middle of a restaurant or at the far
end of a restaurant. Smoking is permitted within the "bar area" if 50% or more of the gross
sales for the "bar area" are from alcoholic beverages, but smoking is not permitted in the
restaurant dining'area of the facility at any time, even if wine or cocktails are available with
the meals.
4. If a bar area or facility has decidedly different .uses at different times of the day on a
regular basis (i.e., it is used primarily as a restaurant for morning breakfast or noon lunch
sales periods, but primarily as a bar or lounge for the evening cocktail sales period), smoking
is allow as specified in 'the preceding examples, with, of course, the 50% sales volume
criterion applied. ~'
An example of this type of facility is a space that is regularly used primarily as a restaurant
during the morning breakfast or noon lunch periods (i.e., people come to eat and the sales of
alcoholic beverages are less than half of the gross sales during that period of time), but is
used as a cocktail lounge or bar in the late afternoon and throughout the evening (i.e., people
come to drink and food sales are less than 50% of the gross sales during that period of time).
In this example, smoking would be prohibited during the breakfast or lunch'periods, but
would be permitted during the late afternoon/evening period. Remember that the burden of
proving the appropriate sales volumes and establishing the reasonableness of the different time
periods is the responsibility of the owner or proprietor.
ATr~
TAKEN FROM THE CALIFORNIA BUSINESS AND PROFESSIONS CODE
§ 23039. Public premises
(a) "Public premises" means:
(1) Premises licensed with any type of license other than an on-sale
beer license, and maintained and operated for the selling or serving of
alcoholic beverages to the public for consumption on the premises, and in
which food shall not be sold or served to the public as in a bona fide
public eating place, but upon which premises food products may be sold
or served incidentally to the sale or service of alcoholic beverages, in
accordance with rules prescribed by the department.
(2) Premises licensed with an on-sale beer license, in which food shall
not be sold or served to the Public as in a bona fide public eating place,
and in which sandwiches, salads, desserts, and similar short orders shall
not be-sold and served, in accordance with rules prescribed by the
department.
Co) "Public premises" does not include railroad dining or club cars,
passenger ships, airplanes, or bona fide clubs after the clubs have been
lawfully operated for not less than one year; nor does it include historic
units of the state park system, premises being operated under a tempo-
rary on-sale beer license other than permitted pursuant to Section
24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or race-
tracks; nor does it include nonprofit theater companies licensed pursuant
to Section 24045.7.
§ 25665. Minors entering and remaining on premises
Any licensee under an on-sale license issued for public premises, as
defined in Section 23039, who permits a person under the age of 21 years
to enter and remain in the licensed premises without lawful business
therein is guilty of a misdemeanor. Any person under the age of 21
years who enters and remains in the licensed public premises without
lawful business therein is guilty of a misdemeanor and shall be punished'
by a fine of not less than two hundred .dollars ($200), no part of which
shall be suspended.
§ 23038. Bona fide public eating place; meals; guests
"Bona fide public eating place" means a place which is regularly and in
a bona fide manner used and kept open for the serving of meals to
guests for compensation and which has suitable kitchen facilities con-
nected therewith, containing conveniences for cooking an assortment of
foods which may be required for ordinary meals, the kitchen of which
must be kept in a sanitary condition with the proper amount of refrig-
eration for. keeping of food on said premises and must comply with all
the regulations of the local department of health. "Meals" means the
usual assortment of foods commonly ordered at various hours of the day;
the service of such food and victuals only as sandwiches or salads shall
not be deemed a compliance with this requirement. "Guests" shall mean
persons who, during the hours when meals are regularly served therein,
come to a bona fide public eating, place for the purpose of obtaining, and
actually order and obtain at such time, in good faith, a meal therein.
Nothing in this section, however, shall be construed to require that any
food be sold or purchased with any beverage.
....... "AFFECTED
~;~...1.~.pmh,b~s smo~ng ,n ~ ~1~ ~:~/~?._~ ~;~.
:~:~'".~...*'~':~ ~nd~n~g o~s ~ ~~, ~i~ ~ foUr ?-~ ~:-:~;~
: .... ~: ?~<r- ~':.: - .....
~b ~d a :~iling.~:.-.~: :~'--:!- .-:: '~'~:' '- ', ......... . . .. ~ ~ ~d ~~on ~s n~ ~ ~dng ~. ~u
· - - , :'t J~'* ~' ?' · ' · : . / ~. . .'
'1~:~;'"~;''~'': ~: ~'~:'"~;:'~ "~':,,,. _~e :-"' '- :~~exd~d"':'~"'from.:: '-"'
'~ :~:f:~;"~-13, b~y ~r~ulat~ by I~ govemmenm' ' '-':;'~-' W~hous~ ~h more ~':1~;~ ~u~e f~t of
- .' ~mUgh.'their o~ ....... A~i,=~.-:.~¥;..:::,:. :-:--:-.:-:..: . ;-. --,- -~:~;: fl~r s~ and 20 or f~er ~11 ~e emH~:'~:::-~: '
~-':~-~;:;~-: · Sm~l Busine~es (~ ~e or fewer ::-- ?. -- ":.~: :: ~t~ ~in a Warehou~, ~i~'must ~ k~t ..
~:-:.::-:-":~:: ':~ ~ i'~ conditions-are met: (1) the smoking area is not:
"-: ........ minors; (2) no employees are .... i_--:_ ::-:-
· .-!.~;-;.':-.-: :?--- required to work in the smoking area against '
~.:~:':.".~:::: _ .. their will; (3) the air from the smoking area is
.
· ~ vented directly to the outside of the building; :-
Tob~o ~l~'oOS 'and attac~ed D'ri~at~-srn~ke~s'
~unoes; ~ .' - - - -' - -
EmoIw~ breekr~ms de~gnat~ by emPIWem f~.
~o~ng, prodded ~hat they m~t ~1 ~e following -
~nd~ons: (1) the r~m ~ I~t~ in a nonwo~
and (4) the employer complies with all
applicable state and federal ventilation
standards.
Gaming dubs. 'bars and teverns are~ exempt
until January 1, 1997 or until state or federal
regulato~j agencies have set' standards which
the amount of smoke in 'these areas to such
a level that it is found to be safe, whichever
comes first. If no standard is adopted,~smoking
is prohibited on January 1, 1997. If a standard is
on or before January 1,. 1997, gaming
-clubs and bar~ will have two years tO'comply
the standard.---- '---: -=:' -: ...... :::..?i::--....
...... ;- -:... - ._:_.:. :;:.~--. :: --:. -. . ,:
Sixty-five percent of hotel and motel _(mest.
..... ..-~ .... . ........ = :{ ' ~;.-.-_. .
Designated porti~'of hotel and motel lobbies.
:::._Smoking will be allowed in designated lobby
not exceed 50 percent of floor
space of lobbies that are 2,000 square feet or
.. ~
less. In large lobbies, the smoking area can
cover up to 25 percent of the entire lobby space.
-.'_ -,
-. .- .
- ~ :: : area where no one is required to enter as part of ·
~ ;:-:- his/her work responsibilities; (2) the air from the -
:~: smoking area is vented directly to the outside of the
· :-~: - building; (3) there are a sufficient number of
..:-,:~:_, .- smokefree breakrooms provided.for nonsmoking
- ~:~-~ ~_'employe~s; (4)and the employer comPlies with all -:
'::~;:'~ ~- applicable state and federal ventilation standards.
- ~_: --_ -. .. .
' ~-~.__~:~.... Truck cabs or trav--'t~rs, when a nonsmoking ' ·
i~:._-~_e_ _m_ ployee is not present.~_~'~::~_ i---:--:::-_i~-'. :'~.: .::_ 7_.--ii~-';i' -
..;.-:~.-:_-.~- -..... -: ::.'-' : '-:::. -. :.::-.T.--_~~::_-~:- -:¥.~ ~-_ ?-:.-. -... .... .:.
~.:-~Private residences, ~xcePt ::.when used as a licensed_
-..~:. child-care fa.~lity. - ' ~- ............ '-' '-' '"
~--.:~-_;~!:- ~ to the production; in.medical research or
-r-:~:/patient smoking'areas of long-term health care -. :
:--_.':7-~!.:::.facir~es. ' ...... "'
· HOW ARE. LOCAL WHAT _EMPLOYERS..'
. OKI N G.,-O R D I.NANCE N E E D; TO:.- D O -:;
--::i~-.~:i:;!.i.!~?-_,~:~:%~/~:-::': .....j.-:... ;~: :,~...; .:;~....-:~:--.-~:.~:~J:{'-~' .,-.'AB 13 Calls for specific responsib~ities on th°part o~ .~'.-: '.;.: '~"'
--;-;~: ~i:;:~i;~;~~'~-:':~:::-; ~..-T:-'~ ..... : -'~.-- --?.,-,? ...... ~.-~-; ..... -~-.~_.----.-~~-~.. :--~ the employer to ensure the safer7 of all employees.......
.- ..... .,~.,.,~ -.AB .13 ~ a m~mmum ststewicle smoking lation for-~.---~.~: ::,..,.: -. ,~- ~ .... ~ ~ ~ ......... ~-.~.~---~-~ .... ?.-.-~-.-.-.-..-- ...... . ............
:-:::-:.;;~!~::~ ~'enclosed pla'cea of employment-'It' repla, c~s~l~~? ~'_ If the budding ~ entirely smokefree; the employer~-¥:-'-~
-. ::i: :.~..,~:: ~!.smoking ~~ for .enClosed places 6f empIoymenL-~i ~:-__;-.'.';-must clearly post ._"N° Sr~.oking." ages_, at each !-.:?:.;::.-._:.:.
- . :...;,~t 33~,~': ' ....... ' .... -:'.' '~--': - # -'-'~'- ................. '-~--. ..... ~-~},~_~"T":::~--:,~ . '":'~--::'-T'-'~. ''~ :'-'?:--"::~, .---.----:-:-? -::.- [~ :~:~-~-->.~,.-'--~ ._~.-
..... .:, ~.that are not donsidered ~ 6f em t-orthat~-1 ....... ~-~'~ "'~';~:'~:
--...,I ..... - .......... ~ ...... ptoymen~ ..... .__.. ~ ..._.._._~.. If the builclin has a c~es~ rated smokin area ..... ,
......... :.......~ ...:,.. .............................. :.~¥, .-.~ .... g . g g ...........
· -..:~ . .--. .... ~:~.. ,.---._!.~.-___ · o - ..· .... · .... .- .
- - .... ~:are s~ly exempted bY AB-13 ma ~1 be enforcecl~ ~:~ ..... which meets all of the r u~remen m I . -
·' :': ~jat.th.e, loCal levb!..:.~'~;-~;-'..:~:~:,.;~j::?.~=::;-:~:-~?--~:~:-~:'-.--~;?: :~;:~;:~:- agns stating "Smoking is Prohibited Except in .~:~:::~-
· :'"i::i:: F~:~;'~:~;:'a~f~:-."--':-~;'~!:~.~'~~:;!~;;i;',/!::'i:'L:-:-:~!.::.~!~ ~ted Areas' must b~ clearly- i~sted at e~ch'~-:
-.-:":~.'t:i,~...... .. '-.-.bu~3clingentrance.' ':.:' ~,-" --- '.,-':--.-.. :~'---:.
-.':" ::;'.: ?*; ~'~-oroll3al~al3Ol[~no~pronll3EclDesarlocounaeslrolTl'. /' -':.--- - .... -- '- '-.- -.' ' -- '~-: -'; :' ,- : :~ .-:-: _-.-
.- . _ . ~. , : ..... , .... . ..~ · ' . o . _. . .
· '~-' nn.~--~nn .,~ controls for areas not covered I-,,/or ...... .-:'-::~-.-i-~ -.-:- If a nonemployee ~s observed smokinO m the ....
'" . ~? r~-- o ..... =-- -/, ., :.:;.'.,":.'/'r-." .. ........ ' ~ "~".
' · .' :~; specif'~ally exempted by, ~ law, For example. :';.-':'~:'~-~.':~-?i~: '~:' :--~:'-: enclosed work area, the employer must ask that';-.-':'-:. -'
· · ^ city may pa.~ a new ordinanc~ which require~ all '
-:"' "' hotel lobbies to be 100 percent smokefree.-'..._-... ~.._-
-
Individual cities and counties ~hould consult with their .. ,/~''--'
;~:~:. city attorneys or county counsels to interpret specific-::,-~-:-.i
i~!:'sections and to evaluate how the measure may relateto'~ ?.';I''''' ~'=-''' '~
;~-.~!. their existing or.ne .W..smoki.ng .ordin~.:_:.-~,_~::_~!~:::,~i. i
T:_' ............ .. "- '., ' '- ::- .'. :;."_... -- -?~'_':'.-_;~_'-:_-?'_:'"-::C-:~., { .
....... , -~; '~.~:.~:, ·
the event that employers do violate the law set forth in AB
13, they may be subject to criminal penalties, as follows:
· A first violati~)n is' p~unishab!e by a' fine not to
~ $100.: .... :~ ",::.. ). . _ -';_': ' ~..:i~_..: ..... - :
, .. - ~ .. . - _ _- .. ..,
.... · A second violation within one year is'Punishable by
.... a fine not to i~x~ $200?- ~+~' :--'-" "' · .......
Local'l~w 'enfomement agencies, including local health
deparlments, are ..charged with enforcement of the law.
.
Local ~ bodies will designate the specific'::.: -.'-
agency r'_~. ~le for enforcing the laW. V',:)lations of
..*
Assembly Bill 13 should be prosecuted under Labor
Code section 6404.05. Any violation of a local - ' -
ordinance that occurs in an area that is either not a . --
place of employment or is specifcally exempted by AB
13, sUch as a bar, gaming club, or hotel lobby, should
be enforced according to the provisions of the local
ordinance. ._
::;i _' i ,.._::..- ~'~' ~':' ~-~:'.'--'
· '~. ~ -?'4 ~ ' ~ ~; ......... ~- .-~'.'
· '~:---~-' '~' .... ...... ~' ~' '-' ....... ~' '~ ! -;~'- - ~==-:.'~ ''~ ' ' "~ ..... ,'?~' '-
':~1 :~' ~--';~'~'" : ~ '~ " -," ~-. ~ '. ~' - - - ' - '.-~ : '-'- ' ~ ~'=-;; ~-f: ;-'~;'~-'- ~ ~ -' ~; ~ ' - " ' ' ' ~- ~-: .... · ' ' -'~'~-~"'~:~
......~11 : ..... - ' ..... ' .... ~ _ " .... ~-~'--~'~ ~ ' ~~ ~"~'~ ~ ~ ="'" ~
~.: : . ;.- .-~: -~ .... . -;~:~- - .,,-~ -, -- ~ ~"-.~-',~- ' --', - ..... t:~- .- = :,.- . : .~ , ?: .,L~.:;,~ .::-.- --; :- ' '~~ i~ V I~1 I V ' "'
;:~:~)?~~:~?~:? Z~:~;~:?:--' ~. ~;. ~;;~:~.: ;~'. ~:-~-~ ':~t':~;:· '~:~.- ~ .... .~:~: ~,~:~-~-~, '~.~"-, ~-:.~>-,:',':-.~_ ,~ ".~ ~ -- · ~ ~':~
-~-~. ~ ~:~,~,,~:~ ~ ..... t~-. - ~.- .~,-~,, ~,-.--, ~:~ ~.~ .~ . ~ .... ~ .................. ~ ...... -
..... ~?. ........ ~ -. ....... . ......... ... .... ~-~.. -.: ..... .~::~:.~:~..:;~ . .
.~ ............&3 13 (AB 13.) which g~nto eff~t on __~,~,-=:. ~: Smokln~ ~s~ Em~lovem_ _ Money.... _
· '~'~-' -:':" ' L: ...... '" · ' .... "' ·" ' ' ' ~ ' --~::~::*:'~c~c~-~:~'~:----- ~ .... ~=~-~;~-~ :~-=~:-~ --~'~=':-= :'
-~:..-.~.~-?~.: ,,. :,~ .~ ,-:. ~/~, ..- :~..,- , · ~ -,-.. -~,~ ..,::,-.-.,~,~..,~'~%~,/,-~ .... . :-.?~.~ :.-., ~-_.. :-~ :-;,_.-..--..:_ ~ .... ; ....... f~, ·
:.~:~=_.of, ~~ t~~ ~oke..S~0nd~d..4.~:F.:, .... ;~,-:C~,~ pays ~r $7 b,ll,~ ~ch ye~
a ~o~ ce
: :.. ~oke ~ ~. [~umng ~ent ~n nonr ...... ):"L~' .:~;Y-~ h~ ~e ~s ~d lost ~uc~ duo to
'~' ..... '~okm~' '" ~u~: ~ ~d'h~ ~n e~fi~' b7 ~e ~. ~ ' ..: '. ;' :~?: ~''~'' = _ ~~ ~d' '~y d~' from- ~okm~.' ~s.
"~?'{' }' '~'~ '0' ~ ..... '~'.._ ."~}.~.~".. ~'/'~.~.';'~~-~r~ok, r~'Empl~yo~~Obmnto[~(~-
':"'"'-' -" "'*:'~a~os''"~ ...... ~d ~ ~'-':~' .... ;~- =- ~''' '~:~::' " ' '-"-::= ' "~: "'-':- =: --~ ''-~'' .... .... "~":
' ~:''_ ......... .~'., .~ -::':~,L'_,~ - ...... ~ ..... ~.;.- . ::...z:~ ...... :--.' ~-' ..... ~"~ ';,:'-:- '~
:~_ ....... ' ~:-~-_fZL ;,-:- '-' - -.. -'~- :-*- ~'; .... ~ --: '----~;L-'-':--- - '-' ': ~- ~ ....' . ] ' -;''.' ' '. ..... _-
,_~e ~A' ~t~'~a{ ~nd~d ~moko muses-....: ~?~ ~ wo~pla~ rooking ~ ~m~m~, t.i_~};_~}:
· . .
i~:':~-~'States. An additional 50,000 nonsmokers'die." '
;ii~!i~' annually from heart disease and other cancers due
- -- to exposure to secondhand smoke,
-._
.
"'-" Smokefree WOrkplaces, '"'
· :i::.'i"i :::'.helpaV°id'smoking:related-
:.:.:.--=Worke, rS comper ation iclaims
.
-_ ,
.... :.~:?~' -5:'!.,' .::.:~:- .:... '-:',. ..;~ --' -
.,' :;'~ W?r~ ce. rtai..'n exceptions,-AB 13 sets th~ minimum'-
:i-:~J~.~'tat~' standard for a. 100 percent smokir~g
"i:'i~i?regulatior~n enclosed'plaCes of emploYment, It will.
:-; '-.~ i: take the :place of any local smoking ordinanceS'~-;.'?
- '::~?'~ Smokef/ee Workplaces'can help en~pl0yers ':'!-:
?:.?'-; "-.' avoid sm.o..king-related workers compensation
.
~.:~: claims. .- · -
:];..~ · Smokefree WorkPlaces have lower cleaning
..: - .-..~.
· --' ' ': costs, less damage to furniture, equipment and
-.,:~!i~i-? ;'-' carpets,, and less risk of fire and other accidents.
:~.~'-:---- ~=- '---..-' --- ' ,: : "4.." ." :'. -'
~&.:Revenu~5 Ar~ N<;)t Affected'-:.::(.-.
.,~:-,-' :. * . ,', .... : .....
~.~--.: c~r~o~ia s~e~ ~ax data sho~ t~at ~o ~egat~e impa~
.~,
:!:':~on business has occurred from local ordinances : .
~!:wh~.e~fome a'~0o perce~t smokef~ee?o~a.ce.. -
:'~This includes service indust~.. ~esses such as ':: .::'
--~!: h0tejS and restaurants.-: '~' -~, .'---;~&?'_-y.'_-~ ~-:__~-r-~:-,;.~: -.-:~.=_..::.?
:~:_::.-:-':_:.:--.__::-.. :_-_::..::~_-...- ..... ,.,":, ..: :. .-_- -'..- : ~; ..... ::._:-. -
,!"~' ~/JiiC~'~g~l,~te enclosed places of employment -. - :~:~:~ ~e~dent. ~udies were ~du~ which
/-~;-:'.;;.unl~ ~ ~~s ~t~n provi~s whiCh:-, :~.L-~~~ ~ur~t ~ r~ip~ k~ C~~
' :~':;-'~d;;'~ ....... ~,~ +,~'~ An t~ ~n~ ~n~~."':'-.. ' J~~ ~ ~~t ~oHng ~d~ces to': -,:-
':' :" "-' '" "' ..... -;;"=;'i~'eff~ i~ ' :". ......... '.' t:~ ~W f~ ~ ~e ~OKe~ ~au~s ~ow~
~ --:-- ~ ~ 13 ~ ,=,,=,, . ,~.':t. ::.~ ..:~: .~....-:. ::- --- .~:,~-.-~ . . ., .-' ..... ... - - .., - .......
..... .' '.-: :~U::L '/.- -.: ....... ;::. :;.:;~.:'...-.':'?~:';.~ '-:':-:...: · '?-. ~in~ in~me,'~t~~ ~''~: .... ~- ' : ".
..... -.:::':. - -~ ..... . - .~. ~. . ~ ._ ,-, .... z~.:~ :- ,.. : ........-:., ,
........ : ...... -;~- .~ .: . ::'::.::;._:.: : . ...
. ,. ' . ., . .-.: i