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HomeMy WebLinkAboutOrd 1010-1987 ORDINANCE N0.1010-87 AN ORDINANCE ADDING CHAPTER 8.50 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE SMOKING THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. . A new chapter, Chapter 8.50 Regulation of Smoking, is hereby added to the South San Francisco Municipal Code to read: Chapter 8.50 Regulation of Smoking Section: 8.50.010 8.50.020 8.50.030 8.50.040 8.50.050 8.50.060 8.50.070 8.50.080 8.50.090 8.50.100 8.50.110 8.50.120 Purpose and Intent Definitions Smoking Prohibited Smoking Permitted Posting of signs Employee smoking policy Modification to employee smoking policy Exceptions to smoking policy requirement Unlawful acts Nondiscrimination Waivers Violations 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 common 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. 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) "Dining area" means an enclosed area containing tables or counters upon which meals are served. (c) "Employee" means any person who is employed by an employer in con- sideration for direct or indirect monetary wages or profit. (d) "Employer" means any person who employs the services of an individual person. (e) "Enclosed" means closed in by a roof and by walls on at least three sides. (f) "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. (g) "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: 1. Conference and class rooms 2. Employee cafeterias 3. Employee lounges 4. Hallways 5. 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." (h) "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 "restau- rant'' 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. -2- (i) "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~ (j) "Semiprivate room" means a room in a public or private health care facility containing two beds for patients of the facility. (k) "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. (1) "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. (m) "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. 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. Smoking is prohibited and is unlawful in every restaurant whose occupied capacity is fifty or more persons, excluding from that calculation of capacity any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar pur- poses. This prohibition shall not apply to any such restaurant maintaining a contiguous nonsmoking area of not less than sixty percent of both the seating capacity and the floor space in which customers are being served, excluding from the calculations any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes. This prohibition shall not apply to any rooms which are being used for restaurant purposes for private functions, but only while any such room is used for such private func- tions. At the request of a patron, the patron shall be seated in a nonsmoking area if available. -3- (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 pro- hibited and unlawful in such areas. (b) 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. (c) Hospitals and Health Care Facilities. Smoking is prohibited in semi- private 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 excep- tions set forth in Section 8.50.040(d) shall not apply to this section. (d) 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 Fran- cisco, or any of its boards or commissions, is conducted. (e) Public Lobbies, Public Hallways. Smoking is prohibited in waiting rooms, lobbies and public hallways of every building under direct or indirect control of the city; provided, however, that where a lobby is immediately adjacent and in- cidental to a place of public assembly where smoking is prohibited pursuant to subsection (d) above, smoking may be permitted in such lobby; and further provided, however, that this prohibition does not prevent the establishment of separate smoking areas in a building in which smoking is permitted as long as the smoking areas contain no more than fifty percent of the waiting room space in the build- ing. (f) 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. (g) 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. -4- (h) 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 contiguous portion of a lobby which contains no more than fifty percent of the total lobby area in the establishment~ (i) Public Transit. Smoking is prohibited in buses, trains, taxicabs and other means of public 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 room space in the station or terminal; and provided, further, that smoking shall not be pro- hibited in taxicabs when not carrying passengers for hire. (j) Gymnasiums, Fieldhouses, Stadiums, Sports Arenas and Outdoor Theaters. Smoking is prohibited in public areas of gymnasiums, fieldhouses, stadiums, sports arenas, and outdoor theaters; provided, however, that smoking may be permitted in designated portions of an outdoor stadium or outdoor theater con- taining 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. (k) 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, drug- stores, 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. (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. (1) 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. (m) Public Restrooms. Smoking is prohibited and is unlawful in public restrooms. -5- (n) Indoor Service Lines. Smoking is prohibited and is unlawful in indoor service lines in which 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 8.50.030(a)(2) of this chapter. 8.50.040 Smoking permitted. Smoking shall not be prohibited in the follow- ing places within the city: (a) Bars; (b) Retail tobacco stores; (c) An 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. 8.50.050 Posting of signs. Posting of signs shall be the responsibility of the owner, operator, manager or other person having control of any place generally open to the public where smoking is prohibited by this chapter. (a) Except as provided in section (b) of this section or in facilities owned or leased by county, state, or federal governmental entities, "No Smoking" signs with letters of not less than one inch in height or the international "No Smok- ing'' symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is -6- regulated by this chapter, including but not limited to, all entrances, all restrooms and all elevators~ Signs of equivalent size and character reading "Smoking Permitted" may be posted where legally applicable~ Alternative means of notification (individual place cards, film clips, etc) may be employed, pro- vided they are equivalent to the aforementioned signs in their effect. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium. In all motion picture theaters, illuminated "No Smoking" signs shall be installed so as to be readily visible from all seats and a "No Smoking" message shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. All signs required by this chapter shall be posted within thirty days of the effective date of this chapter. (b) Except in facilities owned or leased by county, state, or federal govern- ment entities, a conspicuous and clearly legible sign shall be posted at every public entrance to a restaurant indicating the policy of the restaurant with respect to whether it: (1) Prohibits smoking throughout the dining area of the restaurant; or (2) Divides the dining area of the restaurant into smoking and nonsmoking sections. (c) The sign used must state in characters of not less than one inch in height, "No Smoking Section", followed by one-of the following: (1) "Upon request"; or (2) "X%", Where X is expressed as a percentage of the total number of seats in the dining area of the restaurant. (d) In restaurants with both smoking and no smoking sections, individual signs or placards with either the words "No Smoking" or the international no smoking symbol must be placed on every table and counter in the no smoking section of the dining area. (e) Any ashtray located in a no smoking area must have a sign conspicuously posted within one foot of the ashtray which conforms to the requirements of sub- section (a) above. 8.50.060 Employee smoking policy. Within 90 days of the effective date of this chapter, each employer shall adopt, implement, make known and maintain a written smoking policy which shall maintain as a minimum the following require- ments: (a) Prohibition of smoking in employer 1. Auditoriums 2. Classrooms 3. Conference and meeting rooms -7= 4. Elevators 5~ Hallways 6, Medical facilities 7. Restrooms (b) Provision and maintenance of a separate and contiguous nonsmoking area of not less than two-thirds of the seating capacity and floor space in cafe- terias, lunchrooms and employee lounges or provision and maintenance of separate and equal sized cafeterias, lunchrooms and employee lounges for smoker and non- smokers. (c) Any employee in a place of employment shall be given the right to designate his or her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs. The policy adopted by the employer shall include a definition of the term immediate work area. (d) In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. (e) The smoking policy shall be communicated to all employees within three (3) weeks of its adoption, and at least yearly thereafter. (f) All employers shall supply a written copy of the smoking policy to any prospective employee who so requests. Employers also shall furnish all signs required to implement the smoking policy for their business. (g) Notwithstanding the provisions of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (h) An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section, provided that a policy which knowingly omits the minimal elements called for by this chapter or which designates an entire work place as a smoking area shall not be deemed a good faith policy. 8.50.070' Modification to employee smoking policy. (a) In the event that any nonsmoking employee finds that the employer's policy, as implemented for that particular employee, does not provide such em- ployee with an adequately "smoke-free" environment in the employee's immediate work area, that employee, after attempting to resolve the matter with his or her immediate supervisor in a manner acceptable to both and finding no satisfactory solution, may make a written request to the employer to provide a "smoke-free" immediate work area. In the event an affected employer has an established grievance procedure for resolving employer-employee disputes, any written grievance or notice sub- mitted by an employee pursuant to that procedure shall suffice as the written notice required by this subsection and the time period designated in subsection (c) -8- of this section shall commence with the filing of the notice~ No separate written notice need be given pursuant to this section', it being the intent of this section to encourage the use of existing grievance procedures to resolve such disputes. (b) Such request may be made at any time after the implementation of the employer's smoking policy as to that employee, and it shall be presented in writing to the employee's immediate supervisor. (c) Within sixty days of receiving a written request, the employer shall provide that employee with a smoke-free environment in his or her immediate work area. The employer may choose the manner in which it meets the employee's request and may use, at employer's option, any one or more measures including, but not limited to' reassigning the employee to a different work area, installing appropriate air filtering or ventilation systems, providing the employee with an enclosed work space, prohibiting smoking by other employees whose ambient smoke enters the employee's immediate work area, or other appropriate measures. (d) Appropriate instructions and signs shall be posted within sixty days to implement the employer's modified plan as to the protesting employee. (e) If the source of the offending smoke is located on premises outside of the control of the employer, the employer shall not be required to make structural or similar changes requiring significant expenditure of funds in order to provide a smoke-free immediate work area. 8.50.080 Exceptions to smoking policy requirement. Notwithstanding any of the requirements of the foregoing Sections 8.50.060 and 8.50,070 where an em- ployee's duties requires such employee to enter or to work in bars, retail tobacco stores, or any of the other areas set forth in Section 8.50.040(a) through (c), and (e) through (i) inclusive, or in those portions of eating establishments where-smoking is permitted under this chapter, the employer shall not be required to provide a smoking policy for such areas. 8.50.090 Unlawful acts. (a) It is unlawful for any person to smoke in a place within the city where smoking is prohibited. (b) It is unlawful for any person who owns, manages or otherwise controls the use of any premises subject to the prohibition of this chapter to fail to post signs as required by this chapter. 8.50.100 Nondiscrimination. No person shall discharge, refuse to hire, or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. -9- 8~50'110 Waivers. The owner or manager of any establishment affected by Section 8'~50.030 may apply for a waiver from the provisions of that section by means of an administrative hearing before the city manager, or the manager's designated representative, which shall be held within a reasonable time after receipt by the city manager or the designated representative of a written re- quest therefor. The written request shall be accompanied by an application for waiver fee, in an amount to be established by resolution of the City Council. The applicant shall furnish in support of such waiver information on the type of business or establishment, the area of concern, the average number of members of the public which frequent it, and any other relevant information requested by the city. The city manager, or the manager's designated representative may, at his or her discretion, grant a waiver of the requirements of this chapter upon a finding that there are not sufficient members of the general public visiting such establishment to warrant the regulation of smoking therein. The decision of the city manager shall be final. 8.50.120 Violations. (a) Any owner, manager, operator, employer or employee of any establishment regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. (b) Any violation of this chapter shall be and is hereby declared to be a public nuisance, and may be abated as such through appropriate civil proceedings brought by the city or by a private individual. (c) Any person violating any of the provisions of this chapter shall be guilty of an infraction. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. SECTION 2. Severability. In the event any section or portion of this ordinance shall be determined invalid, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. Exemption from CEQA. The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15037, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project as pro- vided for by that Act, in that it does not have a potential for resulting in a -10- ~ i~r physical change in the environment, directly or ultimately as provided in Title 14 California Administrative Code, Section 15037(a), and that it is further exempt under the definition of Project in Section 15037(b)(3) in that it con- cerns general policy and procedure making; and the Council directs that Notice of Exemption be filed by the City Clerk with the County Clerk and with the Secretary of Resources. Section 4. Publication and Effective Date. Pursuant to the provisions of Government Code Section 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 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 effec- tive thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 28th day of January , 1987 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held on the 11th day of AYES: NOES: ABSENT: February , 1987 , by the following vote: Councilmembers John "Jack" Drago, Richard A. Haffey, Roberta Cerri Teglia, and Mark N. Addie§o None Gus Nicolopulos -11- As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 11th day of February , 1987 -12- CITY CLERK'S CERTIFICATIONS 1. Prior to Adoption. I, BARBARA A. BATTAYA, City Clerk of the City of South San Francisco, CERTIFY that on the 4th day of February , 19 87 , 7 days prior to the City Council meeting set for the 11th day of February , 19 87 , when this Ordinance was scheduled for adoption (1) the Summary was published and circulated in said City, and (2) a certified copy of the full text of this Ordinance was posted in my office, all in accordance with Government Code Section 36933. DATED: 1-30-87 .~k~ ~ 2. After Adoption: I, BARBARA A. BATTAYA, City Clerk of the City of South San Francisco, CERTIFY that this Ordinance was adopted on thellth day of February . 19 87. , and on the 21st day of February , 19 87 , 10 days thereafter (1) the Summary of this Ordinance, a copy of which is attached hereto as Exhibit A , was published in the "Enterprise-Journal", a news- paper of general circulation published and circulated in said City, and (2) a certified copy of this Ordinance, with the names of those City Council members voting for or against this Ordinance, or otherwise voting, was posted in my office, all in accordance with Government Code Section .36933. DATED: 2/12/87 -4- EXHIBIT A -- CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ORDINANCE SUMMARY AN ORDINANCE ADDING CHAPTER 8.50 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE SMOKING 1. SUMMARY This ordinance adds a new chapter, Chapter 8.50, entitled "Regulation of Smoking" to the South San Francisco Municipal Code. Under the ordinance smoking is prohibited in areas designated and posted as nonsmoking areas. Among the areas required to be designated as nonsmoking are at least sixty percent of restaurants with a capacity of fifty or more, elevators, hospitals and health care facilities, public meeting rooms, theaters, auditoriums, museums, libraries, galleries, public transit, gymnasiums, field- houses, stadiums, sports arenas and public restrooms. Smoking also is prohibited in business establishments in all areas open to the public. Private offices and the corridors and walkways of covered shop- ping malls are excluded from the business prohibition. It is possible to apply for a waiver from the provisions of the ordinance. Smoking is permitted in bars, retail tobacco stores, rooms and halls used for private functions, areas not generally open to the public, private residences except when used as child care or health care facilities, and hotel and motel rooms. The ordinance details "No Smoking" sign requirements. Within 90 days of the adoption of the ordinance, all employers are required to adopt and implement a written smoking policy which prohibits smoking in audi- toriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities and restrooms. Employee lounges and cafeteria areas must provide nonsmoking areas, or separate but equal nonsmoking and smoking facilities must be provided. Employees have the right to designate their immediate work area as a nonsmoking area. In any dispute under the smoking policy', the rights of the nonsmoker takes precedence. No person is to be discriminated against in employment for exercising nonsmoker's rights. The ordinance also sets up a procedure for the modification of employee smoking policies. It is a violation for any person to smoke where smoking is prohibited, and for a person required to post "No Smoking" signs to fail to post such signs. Violations are a public nuisance and abatement may be achieved through civil proceedings brought by the city or by an individual. Violators are subject also to an infraction citation. 2. This Ordinance Summary was prepared pursuant to Government Code Section 36933. The City Council ordered preparation of this Ordinance Summary by the City Attorney. DATED: January 30, 1987 ' City Clerk 3. CERTIFICATION AND POSTING PRIOR TO ADOPTION. A certified copy of the full text of this Ordinance is posted in the office of the City Clerk, City Hall, South San Francisco, California. The Ordinance was read for the first time on the 28th day of January , 1987 and is scheduled for second reading and adoption on the 11th day of February 198 7. DATED: January 30, 1987 City Clerk -2- 4, CERTIFICATION AND POSTING AFTER ADOPTION~ This Ordinance was adopted on the 11th day of February , 1987 , and a certified copy of the full text, together with the names of the Council members voting for an against the Ordinance or otherwise voting, is posted in the office of the City Clerk. The vote was recorded as follows: FOR:Councilmembers John "Jack" Draqo, Richard A. Haffey, Roberta Cerri Teqlia, and Mark N. Addiego AGAINST:None ABSTAINED:None ABSENT:Gus Nicolopulos -3- NOTICE OF EXEMPTION February 6, 1987 RECEIVED .. OFFICE OF CITY CLERK SO. SAN FRANCISCO OFFICE Of THE CITY CLERK (4.1,5) 877-853.8 To: K/CCounty Clerk County of San Mateo County Government Center Redwood City, CA 94063 To: Project Title Regulation of Smoking - Ordinance ~roject Location--Specific Ci ty-wi de Project Location--City Secretary of Resources Gordon Van Vleck 1416 Ninth St., Rm. 1311 Sacramento, CA 95814 From: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Fi/ -n OFnCE OF ILr..u Project Locati on--County South San Francisco San Mateo Description of Nature, Purpose and Beneficiaries of Project Regulations to provide individuals with protection from involuntary exposure to tobacco smoke, particularly in enclosed common areas. Name of Public Agency Approving Project City Council - South San Francisco Name of Person or Agency Carrying Out Project: City. Attorne~ - South San Francisco Exempt S~atus: (Check One) ~Ministerial (Sec. 15073) Declared Emer§ency (Sec. 15071(a) Emergency Project (Sec. 15071(b) and (c) ~Categorical Exemption. State type and section number: Section 15037 General Policy and Procedure Reasons why project is exempt: Not a project; no potential for physical change in environment. 400 GRAND AVENUE - P.O. BOX 711 - 94083 NOTICE OF EXEMPTION, Uontinued. Contact Person Area Code Telephone 415 877-8515 Valerie J. Armento, City Attorney If filed by applicant: (N/A) 1. Attach certified document of exemption findings. 2. Has a notice of exemption been filed by the public agency approving the project: Yes No Date Receivecl for Filing Barbara A. Battaya City Clerk