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HomeMy WebLinkAboutOrd 14811 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 JEROME F. COLEMAN Cl Y OF SURLINGAME SOI PRIMROSE ROAD BURLINGAME, GUF.94010 ORDINANCE NO. 1481 ORDINANCE ESTABLISHING SMOKING CONTROLS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Chapter 8.18 of the Burlingame Municipal Code is hereby amended to read as follows: "8.18.010 Findings and purpose. The city council of the City of Burlingame hereby finds that: a. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and b. Reliable studies have shown that breathing second-hand smoke, which has been classified as a carcinogen, is a significant health hazard for all persons; and c. Health hazards induced by breathing second-hand smoke include heart disease, lung cancer, respiratory function, bronchoconstriction, bronchospasm, and death; an d d. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand smoke may experi ence a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; an d e. Smoking is a documented cause of fires, and cigarette an d cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses; an d f. Accordingly, the city council finds an d declares that the purpose of this chapter is to protect the public health and welfare by prohibiting smoking in public places and in places of employment, as set forth herein. 8.18.020 Definitions. The following words an defined in this section: d phrases, whenever used in this article, shall be construed as 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 JEROME F. COLEMAN ORNEY ClT OF BURLINGAME 501 PRIMROSE ROAD BURUNGAME, CALIF. 94010 (a) "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food in that bar area is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant's primary dining area. (b) "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. (c) "Employee" means any person who volunteers his or her services or who is employed by any employer in consideration for direct or induect monetary wages or profit. (d) "Employer" means any person, partnership, corporation or nonprofit entity who employs the services of one or more persons. (e) "Enclosed" means closed in by roof and at least three walls. (f) "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is a "nonprofit entity" within the meaning of this section. (g) "Place of employment" means any enclosed area under the contr ol of a public or private employer which- employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges and restrooms, conference an d class rooms, cafeterias and hallways. (h) "Public place" mean s any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facili Ia ties, public transportation facilities, reception areas, restauran ts, retail food production and marketing 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 JEROME F. COLEMAN CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME. CAUF.94010 establishments, rail service establishments, retail stores, theaters and waiting rooms. (i) "Restaurant" means any coffee shop, cafeteria, sandwich stand, soda fountain, private or public school cafeteria and any other eating establishment, organization, club, boazdinghouse or guest house, which gives or offers food for sale to the public, guests, patrons or employees. (j) "Retail tobacco store" means a retail store utilized primazily for the sale of tobacco products and accessories. (k) "Service line" means indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. (1) "Smoking" means inhaling, exhaling, burning or carrying any lighted pipe, cigaz or cigarette of any kind, or any other combustible substance. (m) "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events. (n) "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the inserti on of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. 8.18.030 Application of smoking in city -owned facilities. Smoking is prohibited in all enclosed facilities owned by the City of Burlingame. 8.18.040 Prohibition of smoking in public places. (a) Smoking shall be prohibited in all enclosed public places, including but not limited to, the following places: (1) Elevators an Burlingame. d restrooms; (2) Buses, taxicabs an d other means of public transit under the authority of the city of 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 JEROME F. COLEMAN CIT' OE BU RLiNOAmE 501 PRIMROSE ROAD BIIRLINGr1ME, GLJF. 94010 (3) Service lines; (4) Retail stores; (5) Restaurants; (6) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, and banks; ('7) Public areas of aquariums, libraries and museums when open to the public; (8) Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production; (9) Enclosed sports arenas; (10) Doctors offices, dentists offices, waiting rooms, hallways, wards and semi -private rooms of health facilities, including, but not limited to, hospitals, clinics and physical therapy facilities; (11) Every room, chamber, place of meeting or public assembly, including school buildings under the control of an y board, council, commission, committee including joint committees, or agencies of the city or any political subdivision of the state duri ng such time as a public meeting is in progress, to the extent such place is subject to the juri sdiction of the city; (12) Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multi ple -unit residential facilities; (13) Lobbies, hallways, an d other common areas in multiple -unit commercial facilities; (14) Polling places. 8.18.050 Regulation of smoking in places of employment. Smoking is prohibited in all places of employment. 8.18.060 Where smoking not regulated. 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITYOOF BU RLINGAME 601 PRIMROSE FOAO RURLINfiAME, CALIF 94010 (a) Notwithstanding any other provisions of this chapter to Lite contrary, Lite following areas shall not be subject to the smoking restrictions of the chapter: (1) Bazs; (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) Hotel and motel conference or meeting rooms, lobbies, hallways, and rooms rented to guests; (4) Private assembly rooms while these places are being used for private function; (5) Retail tobacco stores. 8.18.070 Posting of signs. (a) "No Smoking" signs with letters of not less than one inch in height or the internationM1 "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place. (b) Every theater owner, man ager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. 8.18.080 Violations. (a) It is unlawful for any person to smoke in a place where smoking is prohibited. (b) Itis unlawful for any person who owns, man ages or otherwise controls the use of any premises subject to the prohibition of this chapter to fail to post signs as required by this chapter E 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 JEROME F. COLEMAN CITU OF BU RLINGAME 601 PRIMROSE ROAD BURLINGAME, GLIF 94010 or to knowingly permit a violation of this chapter; provided, however, that employees are not required to designate their individual- work areas. 8.18.090 Nondiscrimination. No person shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. 8.18.100 Tobacco vending machines prohibited except in bars. No person, business, or tobacco retailer shall locate, install, keep maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product, except that vending machines shall be permitted in bars, provided the vending machines are not located adjacent or near any entrance of the bar." Section 2. This ordinance shall be effective 90 days from adoption. Section 3. This ordinance shall be published as required by law. t�/k� r �^ yor I, 7udith A. Malfatti, City Clerk of the City of Burlingame, do hereby cert ify that the foregoing Ordinance was intr oduced at a regular meeting of the City Council held on the 1st day of March, 1993, and was adopted thereafter at a regular meeting of the City Council held on the 15th day of March, 1993, by the following vote: AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE / City Clerk 6