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HomeMy WebLinkAboutOrd 1129-1993ORDINANCE NO. 1129-93 AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING CHAPTER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE REGULATION OF SMOKING THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.50.010 amended. Section 8.50.010 of the South San Francisco Municipal Code is hereby amended to read as follows: "8.50. 010. Purpose and intent. It is the intent of this chapter to provide individuals with a reasonable degree of protection from involuntary exposure to tobacco smoke by prohibiting smoking in certain specified areas. The health, safety, and general welfare of the residents of, persons employed in, and persons who frequent the City of South San Francisco would be benefited by the regulation of smoking, particularly in enclosed places, since numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and since reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard." SECTION 2: Section 8.50.020 amended. Section 8.50.020 of the South San Francisco Municipal Code is hereby amended to read as follows: "Section 8.50.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: (a) "Bar" means any area or a room utilized primarily for the sale of intoxicating liquors for consumption by guests on the premises and in which the sale of food and the provision of entertainment is merely incidental to the sale of intoxicating liquors. (b) The term "Business Establishment" as used in this chapter shall not include any facility owned, operated, leased, rented or under the direct or indirect control of the City of South San Francisco. (c) "Dining area" means an enclosed area containing tables or counters upon which meals are served. CENTRALR~CORD~ T TT (d) "Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit. (e) "Employer" means any person who employs the services of an individual person. (f) "Enclosed" means closed in by a roof and by walls on at least three sides. (g) "Open to the public means available for use by or accessible to the general public during the normal course of business conducted by either private or public entities. (h) "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to: 2. 3. 4. 5. Conference and class rooms Employee cafeterias Employee lounges Hallways Work areas A private residence is not a "place of employment," unless it is used as a child care or health care facility, and the dining area of a restaurant is not a "place of employment." (i) "Restaurant" means any coffee shop, cafeteria, short- order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club (including veterans' club), boardinghouse, or guesthouse the primary function of which is to give, sell or offer for sale, food to the public, guests, patrons, or employees, except that the term "restaurant shall not include a tavern or a cocktail lounge if the tavern or cocktail lounge is a "bar" as defined in subsection (a) of this section. (j) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and tobacco accessories and in which the sale of other products is merely incidental. (k) "Semiprivate room" means a room in a public or private health care facility containing two beds for patients of the facility. (1) "Smoke" or "smoking" means and includes inhaling or exhaling upon, burning or carrying any lighted smoking equipment for tobacco, or any other plant or product used for the personal habit commonly known as smoking. 2 (m) "Smoke-free" means the absence of visible tobacco smoke and/or tobacco smoke odor. In determining the presence or absence of visible tobacco smoke and/or tobacco smoke odor, consideration shall be given, but not necessarily limited, to the following factors: (1) Observations of third parties such as co- workers and enforcing City employees, as well as the affected employee; (2) The ability to identify a specific source of tobacco smoke giving rise to the complaint; (3) The proximity of the source of tobacco smoke to the affected employee; and (4) The configuration and location of the work areas as well as the presence of mechanical or other devices designed to prevent the visibility or odor of tobacco smoke. (n) "Smoking victim" means any person present in a place where smoking is prohibited pursuant to Section 8.50.030 of this chapter at the time that smoking occurs in such a place". SECTION 3. Section 8.50.030 amended. Section 8.50.030 of the South San Francisco Municipal Code is hereby amended to read as follows: "Section 8.50.030 Smoking prohibited. Smoking shall be prohibited in the following places within the city. (a) Restaurants. (1) Restaurants for Fifty or More Persons. For restaurants whose occupied capacity is fifty or more persons, a policy for providing nonsmoking areas shall be devised. At the request of a patron, the patron shall be seated in a nonsmoking area if at all possible. (2) Restaurants for Fewer than Fifty Persons. Any restaurant whose occupied capacity is fewer than fifty persons may either prohibit smoking in the entire area or permit smoking. Notice of the operative policy of such restaurant must be posted at all entrances to such restaurant. (3) Outdoor Eating Areas. sixty percent of outdoor eating areas for all eating establishments shall be reserved for nonsmokers. Smoking is prohibited and unlawful in such areas. CENTRAgRECORi3~ (b) City Facilities. Smoking is prohibited in all enclosed areas of any building or facility owned, leased, operated, rented or under the direct or indirect control of the City of South San Francisco. (c) City Vehicles. Smoking is prohibited in all city owned, leased and or controlled vehicles. (d) Elevators. Smoking is prohibited in elevators in buildings generally open to and used by the public, including elevators in apartment buildings, irrespective of the number of living units in such apartment buildings. (e) Hospitals and Health Care Facilities. Smoking is prohibited in semiprivate rooms, wards, waiting rooms, lobbies and public hallways of every public and private health care facility including, but not limited to, hospitals, clinics and physicians' and dentists' offices; provided, however, that smoking may be permitted in a semiprivate room when both patients assigned to such room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted; and provided, further, that this prohibition does not prevent a facility from establishing separate waiting area(s) in which smoking is permitted so long as the smoking area(s) contain no more than fifty percent of the waiting room space in the facility. The exceptions set forth in Section 8.50.040(d) shall not apply to this section. (f) Places of Public Assembly. Smoking is prohibited in hearing rooms or places of public assembly in which the business of the City of South San Francisco, or any of its boards or commissions, is conducted. (g) Theaters, Auditoriums. Smoking is prohibited within all parts of any building which is primarily used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance, which parts are open to the public, and within any room, hall or auditorium that is occasionally used for exhibiting any motion picture, stage drama, dance, musical performance; or other similar performance during the time that the room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production; and provided, further, that smoking may be permitted in a designated portion of a lobby containing no more than fifty percent of the total lobby area in the building. CE;NTRA.~R E/~ORi3~ NO. (h) Museums, Libraries, Galleries. Smoking is prohibited in public parts of museums, libraries and galleries; provided, however, that smoking may be permitted in a designated portion of the reading areas in a library if the designated smoking area contains no more than twenty percent of the seating area in the library. (i) Hotels, Motels, Resorts. Smoking is prohibited in all enclosed parts of hotels, motels and resorts open to the general public, including, but not limited to, registration areas, lobbies, hallways and conference rooms; provided, however, that smoking may be permitted in those rooms rented to guests; and provided, further, that smoking may be permitted in a designated continuous portion of a lobby which contains no more than fifty percent of the total lobby area in the establishment. (j) Public Transit. Smoking is prohibited in buses, trains, taxicabs and other means of transit while operating within the boundaries of the city, and in ticket areas and waiting rooms of transit terminals and stations; provided, however, this prohibition does not prevent the establishment of separate waiting area(s) in a terminal or station in which smoking is permitted so long as the smoking area(s) contain no more than fifty percent of the waiting rooms space in the station or terminal; and provided, further, that smoking shall not be prohibited in taxicabs when not carrying passengers for hire. (k) Gymnasiums, Fieldhouses, Stadiums, Sports Arenas and Outdoor Theaters. Smoking is prohibited in public areas of gymnasiums, field houses, stadiums, sports arenas, and outdoor theaters; provided, however, that smoking may be permitted in designated portions of an outdoor stadium or outdoor theater containing no more than fifty percent of the total seating capacity of the stadium or theater and so located as to afford seating of no more than equal quality to the seating in the nonsmoking portions of the stadium or theater. (1) Business Establishments. (1) Smoking is prohibited within all areas open to the public in business establishments dealing in goods or services and not otherwise mentioned in this section, including, but not limited to, food and grocery stores, drugstores, supermarkets, automobile showrooms, banks, savings and loan offices, and insurance offices, provided that restaurants are not included in this provision. (2) Notwithstanding subsection (1) above, smoking shall be permitted in the corridor and walkway areas between individual business establishments, in covered shopping malls, unless otherwise posted as "No Smoking" by the operators of such malls. 5 CENTRAl,. RF..COR D~ ~u£ ~o~~'//~ '~ ~ (3) Areas "open to the public" wherein smoking is prohibited pursuant to subsection (1) above, shall not be deemed to include private offices of individual businesspersons or professionals, to which clients are admitted only by specific invitation or appointment. (m) Designated Nonsmoking Areas. Smoking is prohibited in any area of any business, governmental or charitable establishment which has been designated by the owner or person in charge of such establishment as a nonsmoking area and marked with a nonsmoking sign or signs. The exception set forth in Section 8.50.040(d) shall not apply to this subsection. (n) Public Restrooms. Smoking is prohibited and is unlawful in public restrooms. (o) Indoor Service Lines. Smoking is prohibited and is unlawful in indoor service lines where more than one person is giving or receiving services of any kind, with the exception of indoor service lines in restaurants with seating size of fifty persons or less, and for which the proprietor has chosen to allow smoking in all seating areas of that restaurant pursuant to Section $.50.030(a) (2) of this chapter. (p) Facilities Principally Attended by Minors. Smoking is prohibited in all facilities with enclosed group areas in which minors principally are present, during the time minors are present, unless the facility is governed by state or federal law to the contrary". SECTION 4. Section 8.50.040 amended. Section 8.50.040 of the South San Francisco Municipal Code is hereby amended to read as follows: "Section 8.50.040. Smoking permitted. Smoking shall not be prohibited in the following places within the city: (a) Bars; (b) Retail tobacco stores; (c) A entire room or hall which is used for a private function which function is under the control of the sponsor of the function and not under the control of the owner or manager of the room or hall, but only while such room or hall is used for a private function. The fact that the owner or manager of the room or hall provides food or entertainment to the participants of a private function does not mean that the owner or manager has control of the function. (d) Areas not generally open to the public; (e) Any property owned or leased by county, state or federal governmental entities; (f) Private residences, including private residences which may serve as a place of employment, except when used as a child care or a health care facility; (g) Hotel and motel rooms rented to guests; (h) A private enclosed office workplace occupied exclusively by smokers, even though such an office workplace may be visited by nonsmokers; (i) Semiprivate rooms of health facilities occupied by one (1) or more patients, all of whom are smokers who have requested in writing upon the health care facilities admissions forms to be placed in a room where smoking is permitted; (j) Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls a business may declare that entire business, or designated sections thereof, as a nonsmoking establishment." (k) Nothing in this section shall be deemed to allow smoking in any building or facility owned, operated, leased, rented or under the direct or indirect control of the City of South San Francisco. SECTION 5. The remaining provisions of Chapter 8.50 shall be unaffected and remain in full force and effect. SECTION 6. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 7. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code §36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the city Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish CENTRALR COaDS the Summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a ~6gUlar meeting of the City Council of the city of South San Francisco, held the 12th day of May, 1993. Adopted as an Ordinance of the City of South San Francisco at a requ]ar meeting of the City Council of the City of South San Francisco, held the 26th day of May, 1993, by the following vote: AYES: Councilmembers Jack Drago, Joseph A. Fernekes, Robert Yee, and Mayor Roberta Cerri Teglia NOES: None ABSTAIN: None ABSENT: C0uncilmember John R. Penna city Clerk ~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26th day of May , Smok~g.Fm 8 CENTRAL RE. CORD5 I~ILE NO~/~/~'~;;~ '"~'~' [ :['