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SR-8-A (121) "- f?/A j". 1_,--'.. - " !\.i~1 . f...tv=J CA:KAS:smoke2b.sr\pc\df City Council Meeting 12-7-93 Santa Monica, California 'TAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code sections 4.44.030 To Prohibit All smoking In Bars Which Were Established And Were In Operation After November 9, 1993 And Amending Santa Monica Municipal Code Section 4.44.060 To Exempt Bars Which Were Established And In operation On Or Before November 9, 1993 On its meeting on November 9, 1993, the City Council requested amendments to the smoking ordinance which would limit the application of the smoking prohibition in bars to those which were established and in operation after November 9, 1993. RECOMMENDATION It is respectfully recommended that the accompanying Ordinance amending sections 4.44.030 and 4.44.060 regarding regulation of smoking in bars in the City of Santa Monica be introduced for first reading at the November 23, 1993 meeting of the city Council. PREPARED BY: Joseph Lawrence, Acting city Attorney Kimery A. Shelton, Deputy city Attorney r'lt.:' _ -; lQg':! :.... ___OJ . I...., ~ ?-A CA:KAS:smoke2b\pc\df City council Meeting 12-7-93 Santa Monica, California ORDINANCE NO. 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: Sec~ion 4.44.030 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 pharmacies, 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 subj ect 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, includinq bars located within restaurants, in which the servinq 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, 1"3; 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 Counci 1 hereby declares that it would have passed this ordinance and each and every section, subsection, clause 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 publ ished 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