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O1715 CA:KAS:smoke2b\pc\df city council Meeting 12-14-93 Santa Monica, California ORDINANCE NO. 1715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4.44.030 OF THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT ALL SMOKING IN BARS WHICH WERE ESTABLISHED AND IN OPERATION AFTER NOVEMBER 9, 1993; AND AMENDING SECTION 4.44.060 TO EXEMPT BARS WHICH WERE ESTABLISHED AND IN OPERATION ON OR BEFORE NOVEMBER 9, 1993 FROM THE PROHIBITION AGAINST SMOKING THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 4.44.030 of the Santa Monica Municipal Code is hereby amended to read as follows: section 4.44.~30 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 eXhibiting any motion picture, stage production, musical recital, or similar performance. (b) Those portions of any building, structure, or other enclosed facility open to 1 the general pUblic for the primary purpose of a museum, library, or gallery. (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 facilities in which smoking is not allowed are made available, or in any. patient room when all patients smoke or consent to smoking. (g) Any retail food marketing establishments or pharma'cies, including grocery stores and supermarkets, except office and areas thereof not open to the public. (h) Any indoor or enclosed portion of any restaurant. All restaurants subject to this subsection shall post "NO SMOKING" signs 2 with letters at least one (1) inch in height and/or the international no-smoking symbol in any area designated as a non-smoking area. (i) Every building owned or leased by the City of Santa Monica and used for municipal purposes. If only a portion of a building is used for municipal purposes, this subsection shall apply only to that portion of the building used for municipal purposes. (j) Bars, including bars .located within restaurants, in which the serving of food is only incidental to the consumption of alcohol, which were established and were in operation after November 9, 1993. SECTION 2. section 4.44.060 of the Santa Monica Municipal Code is hereby amended to read as follows: section 4.44.060 Exemptions. The prohibitions set forth in section 4.44.030 and Section 4.44.040 do not apply to: (a) Private enclosed offices occupied exclusively by smokers even though such an office may be visited by non-smokers. (b) separate banquet rooms within restaurants, restaurants, and hotel banquet 3 rooms, when in use for private parties or functions. (c) Bars, including bars located within restaurants, in which the serving of food is only incidental to the consumption of alcohol, which were established, and were in operation, on or before November 9, 1993; cocktail lounges, and night clubs as defined in the Zoning Ordinance. SECTION 3. 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, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 4. 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 remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, clau$e or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 4 SECTION 5. 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 fifteen (15) days after its adoption. This ordinance shall be effective on January 3, 1994. APPROVED AS TO FORM: 5 Adopted and approved this 14th day of December, 1993. ~l3A yor I hereby certify that the foregoing Ordinance No. 1715 (CCS) was duly and regularly introduced at a meeting of the City Council of the City of Santa Monica on the 7th day of . December, 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 14th day of December, 1993 by the following vote: AYES: Councilmembers: Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez, Mayor Abdo NOES: Councilmembers: None ABSTAIN: Councilmembers: None ABSENT: Councilmembers: None ATTEST: .k/0~ ~ City Clerk .