HomeMy WebLinkAboutOrd 2016
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ORDINANCE NO. 2016
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL
CODE AND ESTABLISHING A TEMPORARY BAN ON SMOKING
IN THE BROADWAY BUSINESS IMPROVEMENT DISTRICT
THROUGH DECEMBER 31, 2023; CEQA DETERMINATION:
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15378 AND 15061(b)(3)
WHEREAS, the U.S. Center for Disease Control and Prevention (“CDC”) and the
U.S. Public Health Service estimates that exposure to secondhand smoke causes an
estimated 41,000 deaths each year1; and
WHEREAS, the U.S. Environmental Protection Agency (“EPA”) has stated that the
adverse health effects of second-hand smoke remain the same regardless of whether the
exposure occurs indoors or outdoors, and that outdoor secondhand smoke inhalation poses
health risks to children2; and
WHEREAS, the California Department of Public Health (“CDPH”) has found that as
of 2019, only 6.9% of Californians currently smoke cigarettes3; and
WHEREAS, the Burlingame Municipal Code currently prohibits smoking in various
portions of the City, including (but not limited to) buildings, restaurants, sports fields, and
within 25 feet of most city-owned parks and facilities; and
WHEREAS , in 2019, the City Council adopted Ordinance 1970, which prohibited the
sale of flavored tobacco products within City limits; and
WHEREAS, the City Council finds it necessary to further regulate smoking within
areas of Burlingame with high pedestrian traffic, to protect the 93% of the population who
abstain from smoking from secondhand smoke exposure; and
WHEREAS, prior to the proposed implementation at multiple higher pedestrian
traffic areas, the City Council finds that it is necessary to first imp lement a smoking
prohibition in one district for limited duration, to better determine how to successfully
1 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of
Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, 2014. Printed with corrections, January 2014.
2 U.S. Environmental Protection Agency, Is outdoor exposure to secondhand smoke comparable to indoors?
Accessed 10 March 2023. www.epa.gov/indoor-air-quality-iaq/outdoor-exposure-secondhand-smoke-
comparable-indoors
3 California Department of Public Health, California Tobacco Control Program. California Tobacco Facts and
Figures 2021. Sacramento, CA: California Department of Public Health; November 2021.
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implement a larger, permanent program for other high pedestrian traffic locations in the
City; and
WHEREAS, the City Council finds that implementing a temporary smoking
prohibition in the Broadway Business Improvement District will provide the necessary data
to consider the successful implementation of a permanent smoking prohibition in high
pedestrian traffic districts in the City; and
WHEREAS, based upon the recitals above, the City Council finds that the proposed
amendments to this Chapter are necessary for the protection of public health, safety and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. The proposed Ordinance is not a project within the meaning of section
15378 of the CEQA Guidelines because it has no potential for resulting in physical change
in the environment, either directly or ultimately. In the event that this Ordinance is found
to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility
of a significant effect on the environment.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 5. Chapter 8.18 of the Burlingame Municipal Code is amended as
reflected in Exhibit A, attached hereto and incorporated herein by reference. Exhibit A
generally shows additions with underlined text and deletions with strike out text. The
Sections of the Chapter which do not include amendments are not shown in this exhibit,
and remain unchanged.
Section 6. This Ordinance shall go into effect 30 days following its adoption. This
Ordinance and amendments shall expire on December 31, 2023, unless extended by the
City Council.
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Section 7. The City Clerk is directed to publish this ordinance in a manner
required by law.
_____________________
Michael Brownrigg, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
20th day of March 2023 and adopted thereafter at a regular meeting of the City Council
held on the 3rd day of April 2023, by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
Chapter 8.18 – Smoking
8.18.010 Findings and purpose.
8.18.020 Definitions.
8.18.030 Smoking limitations in city-owned or city-controlled facilities and vehicles.
8.18.040 Prohibition of smoking in public places.
8.18.050 Regulation of smoking in places of employment.
8.18.055 Multi-family housing.
8.18.060 Where smoking not regulated.
8.18.070 Posting of signs.
8.18.080 Violations.
8.18.090 Nondiscrimination and prohibition on retaliation.
8.18.100 Tobacco vending machines prohibited except in bars.
8.18.110 Enforcement of Labor Code Section 6404.5.
8.18.120 Sale of flavored tobacco products prohibited.
8.18.020 Definitions.
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 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) “Broadway Pedestrian Retail District” means the area within the Broadway Mixed
Use (BRMU) Zoning District, as shown on Figure 1.
(c)(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.
(d)(c) “Employee” means any person who volunteers his or her services or who is
employed by any employer in consideration for direct or indirect monetary wages or profit.
(e)(d) “Employer” means any person, partnership, corporation or nonprofit entity who
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employs the services of one or more persons.
(f)(e) “Enclosed” means closed in by roof and at least three (3) walls.
(g)(f) “Multi-family housing” means any structure containing two (2) or more
contiguous dwelling units that share a wall, floor, or roof.
(h)(g) “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.
(i)(h) “Place of employment” means 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 and restrooms, conference
and class rooms, cafeterias and hallways.
(j)(i) “Public place” means 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 facilities, public transportation facilities, reception areas, restaurants, retail food
production and marketing establishments, rail service establishments, retail stores,
theaters and waiting rooms. Public place also means that city-owned or operated
property—whether enclosed or open-air—described in Section 8.18.030.
(k)(j) “Restaurant” means any coffee shop, cafeteria, sandwich stand, soda fountain,
private or public school cafeteria and any other eating establishment, organization, club,
boardinghouse or guest house, which gives or offers food for sale to the public, guests,
patrons or employees.
(l)(k) “Retail tobacco store” means a retail store utilized primarily for the sale of
tobacco products and accessories.
(m)(l) “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.
(n)(m) “Smoking” means inhaling, exhaling, burning or carrying any lighted pipe, cigar
or cigarette of any kind, or any other combustible substance.
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(o)(n) “Sports arena” means sports pavilions, gymnasiums, health spas, boxing
arenas, swimming pools, athletic fields, 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.
(p)(o) “Tobacco vending machine” means any electronic or mechanical device or
appliance the operation of which depends upon the insertion o f money, whether in coin or
paper currency, or other things representative of value, which dispenses or releases a
tobacco product. (Ord. 1344 § 1, (1987); Ord. 1475 §§ 1, 2, (1993); Ord. 1481 § 1, (1993);
Ord. 1901 § 1, (2014); Ord. 1919 § 1, (2015))
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 and restrooms;
(2) Buses, taxicabs and other means of public transit under the authority of the city of
Burlingame;
(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;
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(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 any board, council, commission, committee including joint
committees, or agencies of the city or any political subdivision of the state during such
time as a public meeting is in progress, to the extent such place is subject to the
jurisdiction of the city;
(12) Lobbies, hallways, and other common areas in apartment buildings,
condominiums, senior citizen residences, nursing homes, and other multiple-unit
residential facilities;
(13) Lobbies, hallways, and other common areas in multiple -unit commercial facilities;
(14) Polling places;
(15) Warehouse facilities of any size.
(b) In addition to, and not in place of, all other prohibitions in this Chapter and under
State and Federal Law, smoking shall also be prohibited in the following open spaces:
(1) Throughout the Broadway Pedestrian Retail District.
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FIGURE 1
BROADWAY PEDESTRIAN RETAIL DISTRICT BOUNDARIES
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