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NOV - 9 1993
CA:JL:smokeord.rpt\pc\df
city coun~il Meeting 11-9-93
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
sections 4.44.030 and 4.44.040 To Prohibit All Smoking
In Indoor Restaurants, Cafeterias in Places of
Employment and Lounge Areas in Buildings Open to
the Public and Amending Section 4.44.060 to Prohibit
Smoking in Bars When Meals Are Being Served.
At its meeting on November 2, 1993, the City Council
introduced for first reading an ordinance amending sections
4.44.030 and 4.44.040 of the Santa Monica Municipal Code to
prohibit all smoking in indoor restaurants, and in cafeterias in
places of employment and lounge areas in buildings open to the
general public. The ordinance is now presented to the city
Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting city Attorney
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city Council Meeting 11-9-93 Santa Monica, California
ORDINANCE NO. 1709
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
ALT. SMOKING IN INDOOR RESTAURANTS; AMENDING
SECTION 4.44.040 OF THE SANTA MONICA MUNICIPAL CODE
TO PROHIBIT AT .T. SMOKING IN CAFETERIAS IN PLACES
OF EMPLOYMENT AND LOUNGE AREAS IN BUILDINGS OPEN
TO THE GENERAL PUBLIC AND AMENDING SECTION 4.44.060 TO
PROHIBIT SMOKING IN BARS WHEN MEALS ARE BEING SERVED
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 4.44.030 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.
Cd) 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.
SECTION 2. Section 4.44.040 of the Santa Monica Municipal
Code is hereby amended to read as follows:
section 4.40.040 Places ot employment
(a) Each employer shall adopt,
implement and maintain a written smoking
policy which shall contain the following
minimum provisions:
(1) The prohibition of smoking in
cafeterias, restrooms, elevators and nurses
aid stations or similar facilities for
treatment of employees.
(2) The provision and maintenance
of a contiguous nonsmoking area of not less
than two-thirds of the seating capacity and
floor space in lunchrooms and employee
lounges.
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(3) A statement providing that in
any dispute arising between smokers and
nonsmokers, efforts shall be made by the
employer to accommodate the desires of both
smokers and nonsmokers.
( 4 ) A smoke-free work area for non-
smokers to the maximum extent possible.
Employers are not required to incur any
expense to make structural or other physical
modifications in providing these areas. An
employer who in good faith makes reasonable
efforts to develop and promulgate a policy
regarding smoking and nonsmoking in the work
place shall be deemed to be in compliance with
this Subdivision, provided that a policy which
designates an entire work place as a smoking
area shall not be deemed in compliance with
this paragraph.
(b) An employer shall post "No Smoking"
signs in any area designated as a nonsmoking
area.
(c) The smoking policy shall be
communicated in writing to all current
employees within three (3) weeks of the date
of adoption, and to all future employees at
the time of their entry into employment.
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Cd) Notwithstanding the above, every
employer shall have the authority to designate
any work area or the entire premises
controlled by the employer as a nonsmoking
area.
(e) An employer who fails to adopt a
smoking policy, or who fails to post signs in
any area designated as a nonsmoking area as
required by Subdi vis ion ( 1) of this Section
shall be in violation of said Subdivision.
Such a violation shall be punishable as a
misdemeanor.
(f) Those places in which smoking is
prohibited under section 4.44.030 shall not be
considered places of employment under this
section.
(g) Employers shall implement the
provisions of this Section in a manner
consistent with all applicable state or
federal statutes, rules or regulations on
employer-employee relations.
SECTION 3. Section 4.44.060 of the Santa Monica Municipal
Code is hereby amended to read as follows:
section 4.44.060 Exemptions.
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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
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;
cocktail lounges, and night clubs as defined
in the Zoning ordinance.
SECTION 4. 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 5. 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
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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.
SECTION 6.
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:
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-<--1'1- : 'X C u..... ~" ---
,! Jo ,eph'Lawrence
Acting city Attorney
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Adopted and approved tlus
9th
day of November
.1993.
(] fc%~/A
/Mayor . '-"
I hereby certify that the foregomg Ordmance No 1709 was duly and regularly
Introduced at a meetmg of the City CouncIl on the 2nd day of November
1993, that the saId Ordinance was thereafter duly adopted at a meetmg of the City CouncIl
on the 9th
day of November
,1993 by the followmg vote
AYES. Counc11member Abdo, Greenberg, Holbrook, Rosenste1n,
Vazquez
NOES Counc11rnernber Genser, Olsen
ABSTAIN'
ABSENT
ATTEST:
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-- - City Clerk- I