O1782
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CA:f:\atty\muni\laws\kas\code444.3
City Council Meeting 11-29-94
Santa Monica, californ1a
ORDINANCE NUMBER 1782 (CCS)
(City Council Serles)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTIONS 4.44.010, 4.44.030, 4.44.040 AND 4.44.050
PROHIBITING SMOKING IN INDOOR PLACES OF EMPLOYMENT,
BARS, RESTAURANTS, HOTEL AND MOTEL LOBBY AREAS,
MEETING AND BANQUET ROOMS, WAREHOUSES,
GAMING CLUBS, AND EMPLOYEE BREAKROOMS AND
REPEALING MUNICIPAL CODE SECTION 4.44.060
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monlca Mun1cipal Code Section 4.44.010 is
amended to read as follows:
4.44.010 Declaration of purpose.
The City Council of the City of Santa
Monica finds and declares:
(a) Smoking is a positive danger to
health and a cause of material annoyance,
lnconvenlence, dlscomfort and a health hazard
to those who are present in confined places.
(b) The publlC 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
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prohibition and regulation of smoking in public
places, workplaces, and restaurants.
(c) This Chapter regulates smoking ln
public places, selected workplaces, restaurants
and bars to the extent that they are not
covered by Labor Code section 6404.5.
SECTION 2. Santa Monica Municlpal Code Section 4.44.030 is
amended to read as follows:
4.44.030
It
General prohibitions.
shall be unlawful to
smoke
ln
the
followlng places:
(a) Those portlons of any building,
structure, or other enclosed facility open to
the general public for the prlmary purpose of
holding meetings or exhibiting any motion
picture, stage productlon, muslcal recital, or
similar performance.
(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.
(c) Any elevator.
(d) On any bus used ln the buslness of
transporting passengers for hlre ln the City,
exceptlng for charter operatlons.
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(e)
publ ic or
patrons.
(f) Those areas within the buildlngs or
structures of any health care facility WhlCh
are open to visitors to the premises except for
any patient room when all patients smoke or
consent to smoking.
(g) Any retail food marketing
establishments or pharmacies, lncluding grocery
stores and supermarkets.
(h) Any lndoor or enclosed portion of any
restaurant. All restaurants shall post "NO
SMOKING" signs with letters at least one (l)
inch in height and/or the international no
smoking symbol in any waiting area and dining
Any restroom
provided for
open
to
to
the general
customers or
use
area.
(l) Every building owned or leased by the
Ci ty of Santa Monlca 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 munlcipal purposes.
(j) All lobby areas in hotels, motels or
other slmilar transient lodging establishments.
For the purposes of this paragraph II lobby"
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means the common public area of such an
establishment in WhlCh registration or other
similar or related transactions, or both are
conducted and in which the establishments
guests and members of the public typically
congregate.
(k) Meeting and banquet rooms. Banquet
rooms within restaurants and banquet rooms
withln hotels even when in use for private
parties or functions.
(l) Warehouse Facilities. Warehouse
facllity means a warehouse facility with more
than 100,000 square feet total floor space and
twenty or fewer full tlme employees working at
the facility. This includes any area within
such a facility that is utillzed as office
space.
(m) Gamlng clubs. For purposes of this
paragraph, "gaming club" means any gaming club
as defined in Section 19802 of the Business and
Professions Code or bingo facility as defined
in section 326.5 of the Penal Code that
restricts access to minors under 18 years of
age.
(n) Bars and taverns, except that untll
January 1, 1996 smoking may be permitted in
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bars and taverns in which the servlng of food
is only incidental and consists solely of hors
d'oeurves, snacks and similar foods.
(0) All employee breakrooms.
(p) All indoor workplaces including those
with five or fewer employees.
SECTION 3. Santa Monica Municipal Code section 4.44.040 is
amended to read as follows:
4.44.040 Places of employment.
(a) Smoking shall be prohibited in all
indoor workplaces in the Clty of Santa Monica.
(b) Employers shall lmplement the
provisions of this section ln a manner
consistent with all applicable state or
federal statutes, rules or regulations on
employer-employee relatlons.
SECTION 4. Santa Monica Municipal Code section 4.44.050 is
amended to read as follows:
4.44.050 Posting of signs.
(a) The person having the authority to
manage and control any area designated as an
nonsmoking area pursuant to Sectlon 4.44,030
or 4.44.040, shall post or cause to be posted
and prominently displayed, and shall maintain
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"No Smokingtl signs in conspicuous locations
within sald area. All such signs shall
clearly and conspicuously recite the phrase
"NO SMOKING" and/or use the international
no-smoking symbol.
(b) In all places regulated by section
4.44.030 or Sectlon 4.44.040 other than
restaurants, slgns 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, leglble, and readable by all
patrons.
(c) In connection with restaurants and
bars, one of the following shall be required
in order to comply with this section:
(1) Free-standing slgns or permanent
wall signs of sufficient number and location
to cause the message of at least one of the
slgns to be clearly visible, legible, and
readable by all patrons.
(2) Placement of washable placards
or other slgns on all tables.
(d) violation of, or failure to comply
with, this Section is a misdemeanor.
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SECTION 5. Santa Monica Municipal Code Section 4.44.060 is
hereby repealed.
SECTION 6. If any section, subsection, sentence, clause, or
phrase of this Ordinance lS for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordlnance. The Clty Council hereby
declares that lt would have passed this Ordinance, and each and
every sectlon, subsectlon, sentence, clause, or phrase not declared
lnvalld or unconstltutional wlthout regard to whether any portlon
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7.
The Mayor shall slgn and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall cause
the same to be published once ln the officlal newspaper within 15
days after its adoption.
This Ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JONE% MOUTRIE
City Attorney
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Mayor
State of CalIfornIa )
County of Los Angeles ) ss
City of Santa Monica )
I. ClarIce E. Dykhouse, CIty Clerk of the City of Santa MOllica, do hereby certify that the
foregomg Ordinance No. 1782 (CCS) had its fIrst readmg on November 22, 1994 and had
Its second readmg on November 29, 1994 and was passed by the follOWIng vote
Ayes: CouncIlmembers'
Abdo, Genser, Holbrook, Olsen, Vazquez
Noes CouncIlmembers:
Greenberg, Rosenstem
Abstam CouncIlmembers'
None
Absent CouncIlmembers,
None
ATTEST
/r:!~fM~
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CIty Clerk