SR-8-A (121)
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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
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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
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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
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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
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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.
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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:
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