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HomeMy WebLinkAboutOrd 1344ORDINANCE NO. 1344 ADDING CHAPTER 8.18 - SMOKING The CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN as follows: Section 1. Chapter 8.18 "Smoking" is added to the Burlingame Municipal Code to read: 118.18.010 DEFINITIONS The following words and phrases, whenever used in this article, shall be construed as defined in this section: a. "Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only in- cidental to the consumption of such beverages. 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. "Dining Area" means any enclosed area containing a counter or tables upon which meals are served. d. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non profit entity. e. "Employer" means any person, partnership, corporation, or non profit entity, including a municipal corporation, who employs the services of one or more persons. f. "Enclosed" means closed in by roof and at least three walls. g. "Non -Profit Entity" means any corporation, unincor- porated 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 not a "non-profit entity" within the meaning of this section. h. "Place of Employment" means any enclosed area under the control of a public or private employer which employees nor- mally frequent during the course of employment, including but not limited to, work areas, employee lounges, and restrooms, conference and class rooms, cafeterias, and hallways, excepting: 1. A private residence is not a place of employment, un- less it is used as a child care or a health care facility. 2. The dining area of a restaurant is not a "place of employment." i. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, includ- ing, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establish- ments, retail service establishments, retail stores, theaters, and waiting rooms. j. "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse, or guesthouse, which gives or offers food for sale to the public, guests, patrons, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined herein. k. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories. 1. "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. M. "Smoking" means inhaling, exhaling, burning, or carry- ing any lighted pipe, cigar, or cigarette of any kind, or any other combustible substance. n. "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. 8.18.020 APPLICATION OF SMOKING IN CITY OWNED FACILITIES. All enclosed facilities owned by the City of Burlingame shall be subject to the provisions of this article. a. Places of Public Assembly. Smoking is prohibited in hearing rooms or places of public assembly in which the business of the City of Burlingame, or any of its Boards or Commissions, is conducted. b. Public Lobbies, Public Hallways. Smoking is prohibited in waiting rooms, lobbies, and public hallways of every building under direct or indirect control of the city; provided, however, that where a lobby is immediately adjacent and incidental to a place of public assembly where smoking is prohibited pursuant to subsection (a) above, cigarette smoking may be permitted in such lobby; and further provided, however, that this prohibition does not prevent the establishment of separate areas in a building in which cigarette smoking is per- mitted as long as said areas contain no more than fifty percent of the waiting room space in the building. 8.18.030 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 un- der the authority of the City of Burlingame, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (a) the estab- lishment of separate waiting areas for cigarette smokers and nonsmokers, of equal size or (b) the establishment of a maximum of 500 of a given waiting areas as cigarette smoking areas. 3. Service lines. 4. Retail Stores, except areas in said stores not open to the public and all areas within retail tobacco stores. 5. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such es- tablishments set aside for the purpose of serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by this article. 6. All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, busi- ness offices, banks, hotels and motels. 7. Public areas of aquariums, libraries, and museums when open to the public; provided, however, that this prohibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a cigarette smok- ing area. 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, provided however, that this prohibition does not prevent the designation of a con- tiguous area containing a maximum of fifty percent (50%) of a lobby as a cigarette smoking area. 9. Enclosed sports arenas, except in designated smoking areas. 10. Waiting rooms of doctors offices and dentists offices, hallways, wards,. and semi -private rooms of health facilities, including, but not limited to, hospitals, clinics, and physical therapy facilities. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited un- less all patients within the room are smokers and request to be placed in a room where smoking is permitted. 11. Polling places. b. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare the entire establishment as a nonsmoking establishment. 8.18.040 REGULATION OF SMOKING IN PLACES OF EMPLOYMENT. Within 90 days of the effective date of this article, each place of employment shall adopt, implement, make known and main- tain a written smoking policy stating where smoking is permitted and where it is prohibited. Violations of this section or any policy adopted pursuant to this section shall not be subject to enforcement set forth in Section 8.18.070. In any dispute aris- ing under a policy adopted pursuant to the section, the health concerns of the nonsmoker shall be given precedence. 8.18.050 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. Restaurants, except every restaurant with a seating capacity of 50 (fifty) or more persons, shall provide a nonsmok- ing area. 3. Private residences, except when used as a child care or a health care facility. 4. Hotel and motel lobbies and hallways; hotel and motel rooms rented to guests. 5. Retail tobacco stores. 6. Restaurant, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private function. 7. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers. 8.18.060 POSTING OF SIGNS. a. "Smoking", "Cigarette Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than 1" in height or the international "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 con- spicuously posted in every building or other place where smoking is controlled by this article, by the owner, operator, manager, or other person having control of such building or other place. b. Every theater owner,, manager or operator shall con- spicuously 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. C. Every restaurant required to provide a nonsmoking area shall have posted at every entrance a sign clearly stating that a nonsmoking section is available, stating the size of that sec- tion and indicating the location of that section. Every patron shall be asked as to his or her preference by the host or hostess (if one is on duty). A person taking reservations for a restaurant shall likewise ask if there is nonsmoking or smoking preference. 8.18.070 VIOLATIONS. a. It is unlawful for any person to smoke in a place where smoking is prohibited. b. It is unlawful for any person who owns, manages, 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 or to knowingly permit a violation of this ordinance, provided, however, that employees are not required to designate their individual work areas. 8.18.080 NONDISCRIMINATION. No person shall discharge, refuse to hire, or in any man- ner discriminate against any employee or applicant for employ- " ment because such employee or applicant exercises any rights af- forded by this section." Section 2. This ordinance shall be published as required by law. Mayor I, JUDITH A. MALFATTI, City Clerk:. of the City of Burlingame, do hereby certify that this foregoing Ordinance was introduced at a regular meeting of the City Council held on the 4th day of May 1987, and was adopted thereafter at a regular meeting of the City Council held on the 18th day of May , 1987, by the following vote: AYES: COUNCILMEN: AMSTRUP, BARTON, LEMBI, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: MANGINI City Clerk I