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O1459 e e 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. - 1 - e e (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. - 2 - e e (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. - 3 - . . (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 - 4 - e e 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 - 5 - e e 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: - 6 - e e 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 - 7 - e e 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 - 8 - e e 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 - 9 - t . e e 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 - 10 - . . e . 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 -~ - ~ "- -:- - ~ ATTEST: - '- - ~ - ---- J. l .-. _ ~'/7~ p-: - City.Cler'