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.
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(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"
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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
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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
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"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.
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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:
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II,'" i ~i n /"
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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