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HomeMy WebLinkAboutOrd 15171 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 ORDINANCE No. 1517 ORDINANCE AMENDING SMOKING CONTROL ORDINANCE The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Section 8.18.040 of the Burlingame Municipal Code is hereby amended to read as follows: "8.18.040 Prohibition of smoking in public places. Smoking shall be prohibited in all enclosed public places, including but not limited to, the following places: (15) Warehouse facilities of anv size." Section 2, Section 8.18.060 said code is hereby amended to read as follows: "8.18.060 Where smoking not regulated. (a) Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of the chapter: (1) Bars; (2) Private residences, except when used as a child care or a health care facility; provided that common areas or areas normally open to the public within residential apartments, residential co-ops, residential hotels, senior citizen projects, or other communal or similar facilities housing 12 or more persons shall be subject to smoking restrictions; (3) Sixty-five percent of the guest room accommodations in a 1 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 hotel, motel, or similar transient lodging establishment. (4) Areas of the lobby in a hotel, motel, or similar transient lodging establishment designated for smoking by the establishment. Such an establishment may permit smoking in a designated lobby area that does not exceed 25 percent of the total' floor area of the lobby or, if the total area of the lobby is 2,000 square feet or less, that does not exceed 50 percent of the total floor area of the lobby. For the purposes of this paragraph, "lobby" means the common public areas of such an establishment in which registration and other similar or related transaction, or both, are conducted and in which the establishment's guests and members of the public typically congregate. (5) 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 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. (6) Theatrical production sites, if smoking is an integral part of the story in the theatrical production. (7) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the 2 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 Vehicle Code, if no nonsmoking employees are present; provided, however, that smoking shall be prohibited in all city motortrucks. (8) Retail tobacco stores. Section 3. This ordinance shall be published as required by law. Mayor Marti Knight I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 21st day of JANUARY 1995, and adopted thereafter at a , regular meeting of the City Council held on the 6th day of FEBRUARY ,1995, by the following vote: AYES NOES: ABSENT COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE 3