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SR-8-B (103) . . <O-B CA:RMM:rmd1238/hpca1/pc City council Meeting 6-18-91 IIIN 1 8 1991 Santa Monica, C~Ilfornia STAFF REPORT FROM: Mayor and City Council city Attorney TO: SUBJECT: Ordinance Amending Santa Monica Municipal Code section 4922 to Prohibit smoking in All city Facilities At its meeting on March 12, 1991, the City council directed the City Attorney to prepare an ordinance to prohibit smoking in various City facilities. The accompanying ordinance has been prepared and is presented to the City council for its consideration. The accompanying ordinance amends Santa Monica Municipal Code section 4922(i). Previously, section 4922(i) prohibits smoking in the City Hall building, excluding the police facility ordinance. The accompanying ordinance extends the prohibition to all City facilities. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney ~-B JUN 1 8 1991 . . CA:RMM:rmd1237/hpcal/pc City Council Meeting 6-18-91 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4922 TO PROHIBIT SMOKING IN ALL CITY FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4922 is amended to read as follows: SECTION 4922. General prohibitions. It shall be unlawful to smoke in the following places: (a) Those portions of any building, structure, or other enclosed facili ty open to the general public for the primary purpose of holding meetings or exhibiting any motion picture, stage production, musical recital, or similar performance, other than in a separate balcony area in which smoking may be permitted and other than in an area which serves as a separate lounge area, - 1 - . . provided that both smoking and nonsmoking lounge areas are provided. (b) Those portions of any building, structure, or other enclosed facility open to the general public for the primary purpose of a museum, library, or gallery, other than in an area which serves as a separate lounge, provided that both smoking and nonsmoking lounge areas are provided. (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 - 2 - . . 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 restaurant, provided, however, that this prohibition does not prohibit smoking in a designated contiguous area within a restaurant that contains a maximum of forty percent (40%) of the total seating capacity of the restaurant as a smoking area if the following conditions are met: (1) The designated smoking area comprises no more than 40% of the total seating capacity in use in the restaurant and adjoins the non-smoking area on not more than two sides. (2) signs are placed within the restaurant which clearly designate the smoking area as required by Section 4922(h). (i) Every building owned or leased by the city of Santa Monica and used for municipal purposes. If only a portion of - 3 - . . a building is used for municipal purposes, this subsection shall apply only to that portion of the building used for municipal purposes. SECTION 2. 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 3. 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 any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, 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 4. 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 - 4 - . . within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~..L.-~_.. ROBERT M. MYERS city Attorney - 5 - " //