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SR-8-A (130) CA:f\atty\muni\strpts\mjm\smoke.2d City Council Meeting 11-29-94 8A NOY 2 9 199't " Santa Monica, Californla TO: Mayor and city Councll FROM: city Attorney SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING 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 At its meeting on November 22, 1994, the City Councll approved on flrst reading an ordlnance amendlng sections 4.44.010, 4.44.030, 4.44.040 and 4.44.050 prohibiting smoklng ln indoor places of employment, bars, restaurants, hotel and motel lobby areas, meeting and banquet rooms, warehouses, gaming clubs, and employee breakrooms. The ordinance is now presented to the city Councll for adoptlon. RECOMMENDATION It lS respectfully recommended that the accompanYlng ordinance be adopted. PREPARED BY: Marsha Jones Moutrle City Attorney NOY 2 9 1994 8A CA:f:\atty\muni\laws\kas\code444.3 City Councll Meetlng 11-29-94 Santa Monica, Californla ORDINANCE NUMBER 1782 (CCS) (City CounCll 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 Monica Municipal Code section 4.44.010 is amended to read as follows: 4.44.010 Declaration of purpose. The city Councll of the city of Santa Monlca flnds and declares: (a) Smoking lS a posltive danger to health and a cause of material annoyance, lnconvenlence, discomfort and a health hazard to those who are present ln conflned places. (b) The publlC health, safety, and general welfare of the resldents of, persons employed ln, and persons who frequent the Clty of Santa Monlca would be furthered by the 1 prohibitlon and regulation of smoklng ln publlC places, workplaces, and restaurants. (c) This Chapter regulates smoklng ln publlC places, selected T,vorkplaces, restaurants and bars to the extent that they are not covered by Labor Code Sectlon 6404.5. SECTION 2. Santa Monlca Munlclpal Code Sectlon 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 bUlldlng, structure, or other enclosed faClllty open to the general public for the prlmary purpose of holdlng meetings or exhibitlng any motion picture, stage productlon, musical recltal, or slmilar performance. (b) Those portlons of any buildlng, structure, or other enclosed facility open to the general public for the primary purpose of a museum, llbrary, or gallery. (c) Any elevator. (d) On any bus used ln the buslness of transportlng passengers for hlre In the Clty, exceptlng for charter operations. 2 (e) Any restroom open to the general public or provided for use to customers or patrons. (f) Those areas wlthin the bUlldings or structures of any health care faCIlity which are open to VIsltors to the preTI1SeS except for any patlent room when all patlents smoke or consent to smokIng. (g) Any retail food marketIng establishments or pharmacles I includlng grocery stores and supermarkets. (h) Any Indoor or enclosed portlon of any restaurant. All restaurants shall post "NO SMOKING I' slgns WIth letters at least one (1) inch In height and/or the international no smoking symbol in any waitIng area and dlnlng area. (1) Every bUllding owned or leased by the Ci ty of Santa Monlca and used for mun1.clpal purposes. If only a portion of a bUllding IS used for municipal purposes, thls subsectIon shall apply only to that portion of the buildlng used for municipal purposes. (j) All lobby areas ln hotels, motels or other SImilar trans lent lodging establishments. For the purposes of this paragraph "lobby" 3 means the common publlC area of such an establishment ln WhlCh registration or other simllar or related transactlons, or both are conducted and ln which the establishments guests and members of the publlC typically congregate. (k) Meetlng and banquet rooms. Banquet rooms withln restaurants and banquet rooms withln hotels even \-lhen ln use for prlvate partles or functions. (l) Warehouse Facllltles. ~varehouse faClllty means a warehouse faclllty wlth more than 100,000 square feet total floor space and twenty or fewer full time employees working at the faClllty. ThlS lncludes any area wlthln such a facillty that is utilized as office space. (m) Gamlng clubs. For purposes of thlS paragraph, "garnlng club" means any gamlng club as deflned in Sectlon 19802 of the Business and Professlons Code or blngo faclllty as deflned ln Sectlon 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 smoklng may be permltted in 4 bars and taverns In WhlCh the servlng of food is only lncldental and conslsts solely of hors d'oeurves, snacks and slmllar foods. (0) All employee breakrooms. (p) All lndoor workplaces lncluding those with five or fewer employees. SECTION 3. Santa Monica Munlclpal Code Sectlon 4.44.040 lS amended to read as follows: 4.44.040 Places of employment. (a) smoklng shall be prohlbl ted ln all indoor workplaces ln the City of Santa Monlca. (b) Employers shall lIDplement the provlslons of thlS sectlon ln a manner conslstent wlth all applicable state or federal statutes, rules or regulatlons on employer-employee relatlons. SECTION 4. Santa Monlca Municipal Code Section 4.44.050 lS amended to read as follows: 4.44.050 Posting of signs. (a) The person havlng the authorlty to manage and control any area deslgnated as an nonsmoklng area pursuant to Sectlon 4.~4.030 or 4.44.040, shall post or cause to be posted and prominently displayed, and shall malntain 5 "No Smoklng" signs ln consplCUOUS locations within sald area. All such slgns shall clearly and consplcuously recite the phrase "NO SMOKING" and/or use the internatlonal no-smoking symbol. (b) In all places regulated by Sectlon 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 locatlon to cause the message of at least one of the signs to be clearly visible, legible, and readable by all patrons. (c) In connectlon wlth restaurants and bars, one of the followlng shall be requlred in order to comply with this Section: (1) Free-standing slgns or permanent wall slgns of sufficient number and location to cause the message of at least one of the signs 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 fallure to comply wlth, this Sectlon lS a ffilsderneanor. 6 SECTION 5. Santa Monlca MUTI1Clpal Code Sectlon 4.44.060 lS hereby repealed. SECTION 6. If any section, subsectlon, sentence, clause, or phrase of this Ordinance is for any reason held to be invalld or unconsti tutlonal by a declsion of any court of any competent ]urlsdiction, such declslon shall not affect the valldity of the remalTIlng portlons of thlS Ordlnance. The Clty Councll hereby declares that it would have passed thls Ordinance, and eaeh and every seetlon, subsection, sentence, clause, or phrase not declared lnvalld or unconstltutlonal wlthout regard to whether any portlon of the Ordinance would be subsequently declared lnvalld or unconstltutional. SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of thlS Ordinance. The Clty Clerk shall cause the same to be published once In the offlclal newspaper wlthln 15 days after ltS adoption. ThlS Ordlnance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: "" ---/") II,'" i ~i n /" ~. ~--"~~ !LL-~.{.,-L--L..- IV~~~.-/ MARSHA JONE$ MOUTRIE City Attorn'ey 7 CJ Ad /t Mayor State of CalIforma ) County of Los Angeles ) ss City of Santa MOnIca ) I. Clance E Dykhouse. CIty Clerk of the CIty of Santa Moruca. do hereby certIfy that the foregoIng OrdInance No 1782 (CCS) had Its first reading on November 22. 1994 and had Its second readmg on November 29, 1994 and was passed by the follOWIng vote Ayes Councllmembers Abdo. Genser, Holbrook. Olsen, Vazquez Noes Councllmembers Greenberg, RosensteIn Abstam Councllmembers None Absent Counc1lmembers None ATTEST /~~f L2~ ~ - / City Clerk