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