SR-6-C (121)
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JUN 2 5 1991
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City Council Meeting 6-25-91 Santa Monica, California
STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal
Code section 4922 to Prohibit Smoking in All
city Facilities
At its meeting on June 18, 1991, the City Council
introduced for first reading an ordinance to prohibit smoking in
various City facilities. The ordinance is now presented to the
City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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JUN 2 5 1991
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City Council Meeting 6-25-91 Santa Monica, California
ORDINANCE NUMBER
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(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
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, 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,
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provided that both smoking and nonsmoking
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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.
. in
(d) On any bus used 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
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allowed are made available or in any
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patient room when all patients smoke or
consent to smoking.
(q) 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
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a buildin9 is used for municipal
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purposes, this subsection shall apply
only to that portion of the building us~d
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
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within 15 days after its adoption. This Ordinance shall become
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effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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