O1459
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CA:RMM:lld155yjhpc
City Council Meeting 10-25-88
Santa Monica, california
ORDINANCE NUMBER 1459(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 9A OF ARTICLE IV
OF THE SANTA MONICA MUNICIPAL CODE TO REGULATE
SMOKING IN RESTAURANTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 4920 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION
4920.
Declaration
of
Purpose. The city Council of the City of
Santa Monica finds and declares:
(a) Smoking is a positive danger
to heal th and a cause of material
annoyance, inconvenience, discomfort and a
health hazard to those who are present in
confined places.
(b) The public health, safety, and
general welfare of the residents of,
persons employed in, and persons who
frequent the City of Santa Monica would be
furthered
by
the
prohibition
and
regulation of smoking in public places,
work places, and restaurants.
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(c) This Chapter regulates smoking
in public places, work places and
restaurants without imposing exorbitant
costs on persons in management and control
of the places so regulated.
SECTION 2. Section 4921 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 4921. Definitions. The
following words and phrases, as used in
this Chapter, shall have the following
meanings:
(a) Bar. An area where alcoholic
beverages are served for consumption on
the premises and in which the serving of
food, if any, is only incidental to the
consumption of such beverages. Although a
restaurant may contain a bar, the term
Ifbarlf shall not include the restaurant
dining area.
(b) Employee. Any person who is
employed by any employer in consideration
for monetary compensation or prof it,
includinq an independent contractor
regularly performing services at the place
of emploYment of the other contracting
party.
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(c) Employer. Any person,
partnership, corporation, including a
public entity, who employs the services of
more than five (5) employees.
Cd) Place of Employment. 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, conference
rooms, and employee cafeterias. A private
residence is not a place of employment.
(e) Restaurant. Any public or
private eating establishment of any kind
whatsoever which gives or offers food for
sale to the public, guests, patrons,
members, or employees incl uding , but not
limited to, any coffee shop, cafeteria,
luncheonette, soda fountain, shopping
center or mall, private school cafeteria
or eating establishment, organization,
club, including veterans' club, except
that the term "restaurant" shall not
include a "bar" as defined above.
Restaurant shall include any common dining
or seating area whether shared or under
the exclusive control of one or more
businesses.
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(f) smoke or Smoking. The
carrying or holding of a lighted pipe,
cigar, or cigarette of any kind, or any
other lighted smoking product or equipment
used to burn any tobacco products, weed,
plant, or any other combustible substance.
Smoking includes the emitting or exhaling
the fumes of any pipe, cigar, or cigarette
of any kind, or any other lighted smoking
equipment used burning any tobacco
product, weed, plant, or any other
combustible substance.
SECTION 3. section 4922 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 4922. General
Prohibitions. It shall be unlawful to
smoke in the following places:
(a) Those portions of any
building, structure, or other enclosed
facility open to the general public for
the primary purpose of holding meetings or
exhibi tinq any motion picture, stage
production, musical recital, or similar
performance, other than in a separate
balcony area in which smoking may be
permitted and other than in an area which
serves as a separate lounge area, provided
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that both smoking and nonsmoking lounge
areas are provided.
(b) Those portions of any
building, structure, or other enclosed
facility open to the general public for
the primary purpose of a museum, library,
or gallery, other than in an area which
serves as a separate lounge, provided that
both smoking and nonsmoking lounge areas
are provided.
(c) Any elevator.
(d) On any bus used in the
business of transporting passengers for
hire in the City, excepting for charter
operations.
(e) Any restroom open to the
general public or provided for use to
customers or patrons, unless there are
separate smoking and nonsmoking restrooms.
(f) Those areas within the
buildings or structures of any health care
facility which are open to visitors to the
premises except that in such areas there
may be enclosed areas designated and set
aside on each floor where smoking may be
allowed so long as comparable facil i ties
in which smoking is not allowed are made
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available or in any patient room when all
patients smoke or consent to smoking.
(g) Any retail food marketing
establishments or pharmacies, including
grocery stores and supermarkets, except
offices and areas thereof not open to the
public.
(h) Any restaurant, provided,
however, that this prohibition does not
prohibit smoking in a designated
contiguous area within a restaurant that
contains a maximum of forty percent (40%)
of the seating capacity of the restaurant
as a smoking area if the following
conditions are met:
( 1) The designated smoking
area comprises no more than 40% of the
total seating capacity in use in the
restaurant and adjoins the non-smoking
area on not more than two sides.
(2) Signs are placed within
the restaurant which clearly designate the
smoking area as required by Section
4922(h).
SECTION 4. Section 4924 of the Santa Monica Municipal Code
is amended to read as follows:
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SECTION 4924. post.ing of siqns.
The person having the authority to manage
and control any area designated as a
nonsmoking area pursuant to section 4922
or section 4923, shall post or cause to be
posted and prominently displayed, and
shall maintain, tlNo Smoking" signs in
conspicuous locations within said area.
All such signs shall clearly and
conspicuously recite the phrase uNO
SMOKING II and/or use the international
no-smoking symbol. The signs shall be
posted not less than five (5) feet nor
more than eight (8) feet above floor level
and shall be of sufficient number and
location to cause the message of at least
one of the signs to be clearly visible,
legible, and readable. Violation of, or
failure to comply with this section is a
misdemeanor.
SECTION 5. section 4925 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 4925. Exceptions. The
prohibitions set forth in section 4922 and
section 4923 do not apply to:
(a) private enclosed offices
occupied exclusively by smokers even
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though such an office may be visited by
nonsmokers.
(b) Separate banquet rooms within
restaurants, restaurants, and hotel
banquet rooms, when in use for private
parties or functions.
(c) Bars, including bars located
within restaurants, cocktail lounges, and
night clubs as defined in the Zoning
Ordinance.
(d) Outdoor seats in uncovered
areas.
SECTION 6. Section 4927 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 4927. Enforcement.
(a) civil Action. Any aggrieved
person may enforce the provisions of this
Chapter by means of a civil action.
(b) Injunction. Any person who
commits, or proposes to commit, an act in
violation of this Chapter may be enjoined
therefrom by any court of competent
jurisdiction. An action for injunction
under this subdivision may be brought by
any aggrieved person, by the City
Attorney, or by any person or entity which
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will fairly and adequately represent the
interests of the protected class.
(c) Attorneys' Fees. In any
action under this Section by an employee
alleging retaliation or discrimination by
an employer for exercising rights under
this Chapter, the prevailing party shall
be awarded costs and reasonable attorneys'
fees.
(d)
Duty to Inform.
Owners,
operators, managers, or employees of any
place subject to this Chapter shall be
required to orally inform persons
violating this Chapter of the provisions
hereof. The duty to inform such violator
shall arise when such owner, operator,
manager, or employee of same becomes aware
of such violation.
SECTION 7. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 8. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
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remaining portions of the ordinance.
The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 9. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
~~~
ROBERT M. MYERS
City Attorney
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I hereby certify th t the foregoing Ordinance No. l459(CCS)
ober, 1988.
Mayor
--)
was duly and
a meeting of the ci ty
council on the 11th day of October 1988: that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 25th day of October 1988 by the following Council vote:
Ayes:
Councilmembers:
Finkel, Jennings, A. Katz, H.
Katz, Zane
Noes: Councilmembers:
Reed, Conn
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
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ATTEST:
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- City.Cler'