HomeMy WebLinkAboutOrd 2021
1
ORDINANCE NO. 2021
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF BURLINGAME AMENDING
CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE TO EXTEND A
TEMPORARY BAN ON SMOKING IN THE BROADWAY BUSINESS IMPROVEMENT
DISTRICT, AND TO CREATE A TEMPORARY BAN ON SMOKING IN THE
DOWNTOWN BURLINGAME BUSINESS IMPROVEMENT DISTRICT, THROUGH
DECEMBER 31, 2024, AND TO MAKE OTHER AMENDMENTS TO THIS CHAPTER TO
COMPLY WITH STATE LAW; CEQA DETERMINATION: EXEMPT PURSUANT TO
STATE CEQA GUIDELINES SECTION 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 implementation at multiple higher pedestrian traffic areas, the
City Council first desired to implement a smoking prohibition in one district for limited
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.
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
2
duration, to better determine how to successfully implement a larger, permanent program
for other high pedestrian traffic locations in the City; and
WHEREAS, pursuant to Ordinance No. 2016, adopted in April 3, 2023, the City
Council did implement a temporary smoking prohibition in the Broadway Business
Improvement District, which will expire on December 31, 2023; and
WHEREAS, this temporary ban was successful in protecting the public health and
welfare of residents and visitors, and the City Council now wishes to extend the temporary
ban until December 31, 2024, and to expand it to the City’s other main pedestrian area on
and around Burlingame Avenue; and
WHEREAS, while implementing these temporary bans, the City Council wishes to
make additional updates to the text of Chapter 8.18 of the Burlingame Municipal Code to
ensure its compliance with State and Federal law; and
WHEREAS, based upon the recitals above, the City Council finds that the
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 this Ordinance is in the public
interest.
Section 3. The 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 c ertainty 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.
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
3
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
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.
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
6th day of November 2023 and adopted thereafter at a regular meeting of the City Council
held on the 20th day of November by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
4
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 8.18.020-1.
(c) “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) “California Clean Indoor Air Law” means the California State laws regarding
smoking that are codified in Labor Code Section 6404.5, inclusive of any future
amendments.
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
5
(e) “Downtown Burlingame Pedestrian Retail District” means the area within the
Burlingame Avenue Commercial (BAC), Chapin Avenue Commercial (CAC), Donnelly
Avenue Commercial (DAC), and Howard Mixed Use (HMU) Zoning Districts, as shown on
Figure 8.18.020-2.
(d)(f) “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)(g) “Employer” means any person, partnership, corporation or nonprofit entity who
employs the services of one or more persons.
(f)(h) “Enclosed” means closed in by roof and at least three (3) walls. “Enclosed” shall
have the same definition as in the California Clean Indoor Air Law (Labor Code 6404.5),
as may be amended, including any clarification through an opinion of the California
Attorney General’s Office or other applicable authority.
(g)(i) “Multi-family housing” means any structure containing two (2) or more
contiguous dwelling units that share a wall, floor, or roof.
(h)(j) “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) “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.
(k) “Place of employment or workplace” shall have the same definition as in the
California Clean Indoor Air Law (Labor Code 6404.5), as may be amended, including any
clarification through an opinion by the California Attorney General’s Office or other
applicable authority.
(j)(l) “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.
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
6
(k)(m) “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)(n) “Retail tobacco store” means a retail store utilized primarily for the sale of
tobacco products and accessories. shop” shall have the same definition as in the
California Clean Indoor Air Law (Labor Code 6404.5), as may be amended, including any
clarification through an opinion of the California Attorney General’s Office or other
applicable authority. Generally, this describes 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.
(m)(o) “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.
(p) “Smokers’ lounge,” or “Private smokers’ lounge,” shall have the same definition
as in the California Clean Indoor Air Law (Labor Code 6404.5), as may be amended,
including any clarification through an opinion of the California Attorney General’s Office or
other applicable authority. Generally, this describes any enclosed area in or attached to a
retail tobacco shop that is dedicated to the use of tobacco products, including, but not
limited to, cigars and pipes.
(n)(q) “Smoking” means inhaling, exhaling, burning or carrying any lighted pipe, cigar
or cigarette of any kind, or any other combustible substance. For the purposes of this
Chapter, smoking shall also include the use of any electronic smoking device, or “vaping.”
(o)(r) “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)(s) “Tobacco vending machine” means any electronic or mechanical device or
appliance the operation of which depends upon the insertion of money, whether in coin or
paper currency, or other things representative of value, which dispenses or releases a
tobacco product.
8.18.040 Prohibition of smoking in public places.
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
7
(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;
(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
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
8
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 within the public right of way in
the following open spaces:
(1) Throughout the Downtown Burlingame and Broadway Pedestrian Retail Districts.
However, this prohibition shall expire at midnight on December 31, 2024.
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)(1) Private residences, other than those located in multifamily housing, except
when used as a child care or a health care facility. 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 twelve (12) or more
persons shall be subject to smoking restrictions;
(3)(2) Sixty five (65) Twenty (20) percent of the guest room accommodations in a
hotel, motel, or similar transient lodging establishment;
(3) 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 twenty-five (25) percent of the total floor
area of the lobby or, if the total area of the lobby is two thousand (2,000) square feet or
less, that does not exceed fifty (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;
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
9
(4) 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 subsection, 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)(3) Theatrical production sites, but only in a theatrical production itself when
smoking is an integral part of the story to the theatrical production;
(7)(4) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck
tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are
present;
(8)(5) Retail tobacco stores shops and smokers’ lounges;
(9)(6) Medical research or treatment sites, if smoking is integral to the research and
treatment being conducted. Such a site must have not less than sixteen (16) air changes
per hour;
(10)(7) Patient smoking areas in long-term health care facilities, as defined by Section
1418 of the Health and Safety Code. Such an area shall have not less than sixteen (16)
air changes per hour.
(b) The exception to smoking prohibitions contained in subsection a(7) subsection
(a)(4) above does not apply to city-owned or city-controlled vehicles or equipment.
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
10
Figure 8.18.020-1
“Broadway Pedestrian Retail District”
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C
11
Figure 8.18.020-2
“Downtown Burlingame Pedestrian Retail District”
DocuSign Envelope ID: F7C38A69-4B07-4E18-89C5-517EC15D586C