HomeMy WebLinkAbout6.4 Smoking Ord Amended CITY CLERK
File # 560-90
AGENDA STATEMENT
ClT. Y COUNCIL MEETING DATE: September 3, 2002
SUBJECT: Public Hearing: Amendments to the Smoking Pollution Control
Ordinance
Report Prepared By: Jason Behrmann, Administrative Analyst
ATTACHMENTS: 1) Ordinance amending Dublin Municipal Code Chapter 5.56 -
Smoking Pollution Control
2) California Labor Code section 6404.5 (smoke-free workplace
law)
· 3) Notice to businesses regarding proposed Smoking Ordinance
amendments
4) Letter from Robert E. Lew, D.D.S.
5) Letter from Dublin Chamber of Commerce
6) Smoking Control Ordinances in Alameda County
RECOMMENDATION _ J 1) Open Public Hearing
2) Receive Public Testimony
3) Close Public Hearing
4) Deliberate
5) Waive reading and INTRODUCE Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION:
At the regular City Council Meeting on July 16, 2002, the City Council directed Staff to introduce
amendments to Dublin Municipal Code Chapter 5,56 - Smoking Pollution Control (Attachment 1). The
amendments would change the Ordinance as follows:
1. Prohibit the retailing of tobacco products or tobacco paraphernalia by means of a self-service
display.
2. Prohibit smoking in dining areas that are part of a restaurant, business, nonprofit entity, place of
employment, or located in any public place.
COPIES TO:
ITEM NO. ~~
H/cc-forms/agdastmt.doc / ~ ~
3. Prohibit smoking within a reasonable distanc~ ti'om any entrance, opening, or vent into an area in
which smoking is prohibited except while actively passing on the way to another destination and
without entering or crossing any area in which smoking is prohibited.
4. Prohibit smoking in common areas of multi-family buildings including, but not limited to,
apartments, condominiums, retirement facilities, and nursing homes.
Additionally, the Ordinance has been updated to reflect changes that have occurred in State law since the
Ordinance was last amended in 1994. Current State law as it relates to a smoke-free workplace is included
as Attachment 2.
On August 9, 2002, Staff mailed a notice (Attachment 3) to all Dublin businesses and multi-family
complexes in the City informing them of the proposed amendments and public hearing date. City Staffhas
received 2 phone calls, one email and one letter (Attachment 4) in support of the proposed amendments.
Additionally, the City has received a letter of opposition from the Dublin Chamber of Commerce
(Attachment 5).
The following table compares Dublin's proposed amendments with existing smoking control ordinances
in neighboring jurisdictions. A complete list of all Alameda County jurisdictions is attached (Attachment
6).
Dublin (Current) Dublin (Proposed) Livermore Pleasanton San Ramon
Self-Service Banned- Banned- All Banned- Banned- Banned-All
Displays Cigarettes only tobacco products Cigarettes Cigarettes tobacco
and paraphernalia only only products
Outdoor No provision Smoke-Free No Provision Smoke-Free Smoke-Free
Dining
Outdoor No provision Smoke-Free - 25 ft. Smoke-Free; Smoke-Free; Smoke-Free;
Areas: No defined No defined No defined
Reasonable footage footage footage
Distance
Multi-family No provision Smoke-Free Smoke-Free Smoke-Free Smoke-Free
common
areas
Section 5.56.060 of the Ordinance (Attachment 1, pg. 5) describes the responsibilities of businesses and
employers in relation to the smoking Ordinance. Dublin Police Services is responsible for enforcing the
provisions of the smoking Ordinance. Typically, enforcement occurs when the City receives notice that a
specific violation or repeated violation has occurred. Warnings are usually given for first offenses,
however fines may be given when necessary, particularly for repeat offenses. A fine not exceeding one
hundred ($100) may be issued for the first violation, followed by a two hundred ($200) fine for the second
violation and a five hundred ($500) fine for all subsequent violations within one year. Both businesses
and/or individuals may be fined for any violation of the Ordinance.
RECOMMENDATION:
Staff recommends that the City Council open the public hearing, receive public testimony, close the public
hearing, deliberate, waive the reading and INTRODUCE the amendments to the Smoking Pollution
Control Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE
RELATING TO SMOKING AND REGULATION OF SALES OF
TOBACCO AND RELATED PRODUCTS
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: FINDINGS.
The purpose of this ordinance is to bring the existing provisions of Chapter 5.56 of the Dublin
Municipal Code regulating smoking into conformity with recent changes in state law and to add
additional permissible restrictions on smoking in enclosed and unenclosed public places and
places of employment. The Council has received information from the public that some
bothersome smoking permissible under state law in places of employment and in enclosed and
unenclosed public places continues despite the known health risks to smokers and of secondhand
smoke. The Council's intent in adopting this ordinanCe is to preserve and improve the health of
the residents and workers of the City by reducing their exposure to secondhand smoke and the
harmful effects thereof on human health.
SECTION 2: CHAPTER 5.56 OF THE MUNICIPAL CODE AMENDED.
Chapter 5.56 of the Dublin Municipal Code is hereby amended as follows, with struck out text
indicating deletion and double underlined text indicating addition:
5.56.030 Applicability.
All enclosed areas and facilities owned by the city shall be subject to the provisions of
this Chapter.
5.56.040 Definitions.
"Bar" means an area that is devoted to the serving of alcoholic beverages for
consumption by ,guests on the premises and in which the service of food is incidental to the
consumption of beverages and in which persons younger than twenty-one (21) years of age
are at all times excluded ......... ;+,.;~ ~..+ Ac .......~,~ ..,~**. .... · ...... · ..~,.~,.~ ~o
"Dining area" means any area containing a counter or table upon which meals are served
or any area designed, established, or regularly used for consuming meals any enclosed area
ATTACHMENT 1
"Employee" means any person who is employed by any employer or hired as an
independent contractor in consideration for direct or indirect monetary wages or profit, and
any person who volunteers his or her services for a nonprofit entity any person -;&.o is
"Place of employment" means any area under the control of a public or private employer
that employees may have cause to enter during the normal course of employment, including,
but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms
and classrooms, cafeterias and hallways, except that a private residence is not a place of
employment unless it is used as a child care or a health care facility any enclosed area render
The dining area of a -~* ......+ :~ -^+ place
"Public place" means any eac4osed area in which the public is invited or in which the
public is permitted, including, but not limited to: banks, educational facilities, health
facilities, public transportation facilities, reception areas, restaurants, retail food production
and marketing establishments, retail stores, theaters and waiting rooms.
"Reasonable distance" means a distance that insures that occupants of an area in which
smoking is prohibited are not exposed to secondhand smoke created by smokers outside the
area. This distance Shall be a minimum of twenty-five (25) feet.
"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain.
private or public school cafeteria, and any other eating establishment, organization, club,
boardinghouse or guest house, which gives or offers food for sale to the public, guests,
patrons, me~oers or em~,.oyees..] .... ,~ ......... v, ......... , ....... , ................. , ....
2
"Self-service display" means the open display of tobacco products or tobacco
paraphernalia in a manner that is accessible to the general public without the assistance of the
retailer or employee of the retailer.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the
smoking or ingestion of tobacco products.
"Tobacco product" means any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or
any other preparation of tobacco.
"Tobacco retailer" means any person who sells, offers for sale, or does or offers to
exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia.
"Tobacco retailing" shall mean the doing of any of these things. This definition is without
regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for
sale, exchanged, or offered for exchange.
5.56.050 Prohibition of smoking in public places and places of employment.
A. Smoking shall be prohibited in any enclosed Public place, business, restaurant, or
place of employment within the city of Dublin except in the enclosed places identified in
California Labor Code section 6404.5(d), or its successor.
B. Smoking shall be prohibited in the following enclosed places:
1. Common areas of multi-unit, multi-residence, or multi-family buildings including, but
not limited to, apartments, condominiums, retirement facilities, and nursing homes; and
2. Areas that have a common or shared air space with other enclosed areas in which
smoking is prohibited such as. without limitation, air conditioning systems, heating systems,
ventilation systems, entries, doorways, hallways, and stairways.
C. Smoking shall be prohibited in the following unenclosed places:
1. Dining areas that are part of a restaurant, business, nonprofit entity, place of
employment, or located in any public place;
2. Children's play areas;
3. Any place where people are using or waiting for a service, entry, or a transaction
whether or not such service includes the exchange of money including, but not limited to,
ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands.
D. No person shall provide or place ash receptacles such as, without limitation, ashtrays
or ash cans, within an area in which smoking is prohibited, including, without limitation,
inside the perimeter of any reasonable smoking distance required by this chapter.
nongmol:erg, of equal -; .... r~.x +,.~ ~+~,.~;~1~.+ cf a maximum of 5~5 ...... + rrno/x
4
;1,4;--
D I +
5.56.060 Du .tyr of employer~ business: or nonProfit entiW ..cgu.aJan .......... ~r.~.,.:.g in
A. No employer, business, or nonprofit entity shall knowingly or intentionally permit the
smoking of tobacco products in an area which is under the employer's, business's, or
nonprofit entity's control and in which smoking is prohibited.
B. No employer, business, or nonprofit entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as, Without limitation, ash trays or ash cans,
within an area which is under the employer's, business's, or nonprofit entit¥'s control and in
which smoking is prohibited, including, without limitation, inside the perimeter of any
reasonable smoking distance required by this chapter.
C. Notwithstanding any other provision of this chapter, any employer, business,
nonprofit entity, or other person who controls any area may declare that any part of such area
in which smoking would otherwise be permitted is a nonsmoking area.
5.56.070 Reasonable smokine distance reouiredm25 feet ......
A. Smoking shall be prohibited within a reasonable distance, as defined in this chapter,
from any entrance, opening, or vent into an enclosed area in which smoking is prohibited
except while actively passing on the way to another destination and without entering or
crossing any area in which smoking is prohibited.
B. Smoking shall be prohibited within a reasonable distance, as defined in this chapter,
from any unenclosed area in which smoking is prohibited except while actively passing on
the way to another destination and without entering or crossing any area in which smoking is
prohibited.
5.56.115 Tobacco self-service displays and tobacco samples prohibited
A. It is unlawful for any person to display tobacco products or tobacco paraphernalia by
means ora self-service display or to engage in tobacco retailing by means of a self-service
display· Tobacco retailing by means of a vending machine is prohibited by this section.
B. No person shall knowingly distribute or furnish without charge, or cause to be
furnished without charge to the general public, cigarettes or other tobacco products, at any
event open to the public, or in any public place including but not limited to, any right-of-way,
mall or shopping center, park, playground and any other district, or any park district, except
in retail tobacco stores.
6
SECTION 3: SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid or unenforceable by a court of competent jurisdiction, the remainder of the ordinance,
including the application of such part or provision to other persons or circumstances shall not be
affected thereby and shall continue in full force and effect. To this end, provisions of this
ordinance are severable. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases, or the application of any of the foregoing to a particular person or circumstance, be held
unconstitutional, invalid, or unenforceable.
SECTION 4: PUBLICATION AND EFFECTIVE DATE.
In accordance with Section 36937 of the Government Code of the State of California, this
Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this __ day of__., 2002, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
Current State Law:
California Labor Code section 6404.5 (smoke-free Workplace law)
6404.5. (a) The Legislature finds and declares that regulation of smoking in the
workplace is a matter of statewide interest and concern. It is the intent of the Legislature
in enacting this section to prohibit the smoking of tobacco products in all (100 percent of)
enclosed places of employment in this state, as covered by this section, thereby
eliminating the need of local governments to enact workplace smoking restrictions within
their respective jurisdictions. It is further the intent of the Legislature to create a uniform
statewide standard to restrict and prohibit the smoking of tobacco products in enclosed
places of employment, as specified in this section, in order to reduce employee exposure
to environmental tobacco smoke to a level that will prevent anything other than
insignificantly harmful effects to exposed employees, and also to eliminate the confusion
and hardship that can result from enactment or enforcement of disparate local workplace
smoking restrictions. Notwithstanding any other provision of this section, it is the intent
of the Legislature that any area not defined as a "place of employment" pursuant to
subdivision (d) or in which the smoking of tobacco products is not regulated pursuant to
subdivision (e)shall be subject to local regulation of smoking of tobacco products.
(b) No employer shall knowingly or intentionally permit, and no person shall engage in,
the smoking of tobacco products in an enclosed space at a place of employment.
(c) For purposes of this section, an employer who permits any nonemployee access to his
or her place of employment on a regular basis has not acted knowingly or intentionally if
he or she has taken the following reasonable steps to prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or structure, a
sign stating "No smoking" shall be posted at each entrance to the building
or structure.
(B) Where smoking is permitted in designated areas of the building or
structure, a sign stating "Smoking is prohibited except in designated areas"
shall be posted at each entrance to the building or structure.
(2) Has requested, when appropriate, that a nonemployee who is smoking refrain
from smoking in the enclosed workplace. For purposes of this subdivision,
"reasonable steps" does not include:
(A) the physical ejection of a nonemployee from the place of employment
or
(B) any requirement for making a request to a nonemployee to refrain
from smoking, under circumstances involving a risk of physical harm to
the employer or any employee.
(d) For purposes of this section, "place of employment" does not include any of the
following:
(1) Sixty-five percent of the guest room accommodations in a hotel, motel, or
similar transient lodging establishment. ~
ATTACHMENT 2
(2) Areas of the lobby in a hotel, motel, or other similar transient lodging
establishment designated for smoking by the establishment. An establishment
may permit smoking in a designated lobby area that does not exceed 25 percent of
the total floor area of the lobby or, if the total area of the lobby is 2,000 square
feet or less, that does not exceed 50 percent of the total floor area of the lobby.
For purposes of this paragraph, "lobby" means the common public area of an
establishment in which registration and other similar or related transactions, or
both, are conducted and in which the establishment's guests and members of the
public typically congregate.
(3) Meeting and banquet rooms in a hotel, motel, other transient lodging
establishment similar to a hotel or motel, reStaurant, or public convention center,
except while food or beverage functions are taking place, including setup, service,
and cleanup activities, or when the room is being used for exhibit purposes. At
times when smoking is not permitted in a meeting or banquet room pursuant to
this paragraph, the establishment may permit smoking in corridors and
pre,unction areas adjacent to and serving the meeting or banquet room if no
employee is stationed in that corridor or area on other than a passing basis.
(4) Retail or wholesale tobacco shops and private smokers' lounges. For purposes
of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or attached to a
retail or wholesale tobacco shop that is dedicated to the use of tobacco
products, including, but not limited to, cigars and pipes.
(B) "Retail or wholesale tobacco shop" means any business establishment
the main purpose of which is the sale of tobacco products, including, but
not limited to, cigars, pipe tobacc°, and smoking accessories.
(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck
tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking
employees are present.
(6) Warehouse facilities. For purposes of this paragraph, "warehouse facility"
means a warehouse facility with more than 100,000 square feet of total floor
space, and 20 or fewer full-time employees working at the facility, but does not
include any area within a facility that is utilized as office space.
(9) Theatrical production sites, if smoking is an integral part of the story in the
theatrical production.
(10) Medical research or treatment sites, if smoking is integral to the research and
treatment being conducted.
(11) Private residences, except for private residences licensed as family day care
homes, during the hours of operation as family day care homes and in those areas
where children are present.
(12) Patient smoking areas in long-term health care facilities, as defined in
Section 1418 of the Health and Safety Code.
(13) Breakrooms designated by employers for smoking, provided that all of the
following conditions are met:
(A) Air from the smoking room shall be exhausted directly to the outside
by an exhaust fan. Air from the smoking room shall not be recirculated to
other parts of the building.
(B) The employer shall comply with any ventilation standard or other
standard utilizing appropriate technology, including, but not limited to,
mechanical, electronic, and biotechnical systems, adopted by the
Occupational Safety and Health Standards BOard or the federal
Environmental Protection Agency. If both adopt inconsistent standards,
the ventilation standards of the Occupational Safety and Health Standards
Board shall be no less stringent than the standards adopted by the federal
Environmental Protection Agency.
(C) The smoking roOm shall be located in a nonwork area where no one,
as part of his or her work responsibilities, is required to enter. For
purposes of this paragraph, "work responsibilities" does not include any
custodial or maintenance work carried out in the breakroom when it is
unoccupied.
(D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers.
(14) Employers with a total of five or fewer employees, either full-time or part-
time, may permit smoking where all of the following conditions are met:
(A) The smoking area is not accessible to minors.
(B) All employees who enter the smoking area consent to permit smoking.
No one, as part of his or her work responsibilities, shall be required to
work in an area where smoking is permitted. An employer who is
determined by the division to have used coercion to obtain consent or who
has required an employee to work in the smoking area shall be subject to
the penalty provisions of Section 6427.
(C) Air from the smoking area shall be exhausted directly to the outside by
an exhaust fan. Air from the smoking area shall not be recirculated to
other parts of the building.
(D) The employer shall comply with any ventilation standard or other
standard utilizing appropriate technology, including, but not limited to,
mechanical, electronic, and biotechnical systems, adopted by the
Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent standards,
the ventilation standards of the Occupational Safety and Health Standards
Board shall be no less stringent than the standards adopted by the federal
Environmental Protection Agency.
This paragraph shall not be construed to (i) supersede or render inapplicable any
condition or limitation on smoking areas made applicable to specific types of business
establishments by any other paragraph of this subdivision or (ii) apply in lieu of any
otherwise applicable paragraph of this subdivision that has become inoperative.
(e) paragraphs (13) and (14) of subdivision (d) shall not be construed to require
employers to provide reasonable accommodation to smokers, or to provide breakrooms
for smokers or nonsmokers.
(f) (1) Except as otherwise provided in this subdivision, smoking may be permitted
in gaming clubs, as defined in paragraph (7) of subdivision (d), and in bars and
taverns, as defined in paragraph (8) of subdivision (d), until the earlier of the
following:
(A) January 1, 1998.
03) The date of adoption of a regulation (i) by the Occupational Safety and
Health Standards Board reducing the permissible employee exposure level
to environmental tobacco smoke to a level that will prevent anything other
than insignificantly harmful effects to exposed employees or (ii) by the
federal Environmental Protection Agency establishing a standard for
reduction of permissible exposure to environmental tobacco smoke to an
exposure level that will prevent anything other than insignificantly
harmful effects to exposed persons.
(2) If a regulation specified in subparagraph (B) of paragraph (1) is adopted on or
before January 1, 1998, smoking may thereafter be permitted in gaming clubs and
in bars and taverns, subject to full compliance with, or conformity to, the standard
in the regulation within two years following the date of adoption of the regulation.
An employer failing to achieve compliance with, or conformity to, the regulation
within this two-year period shall prohibit smoking in the gaming club, bar, or
tavern until compliance or conformity is achieved. If the Occupational Safety and
Health Standards Board and the federal Environmental Protection Agency both
adopt regulations specified in subparagraph (B) of paragraph (1) that are
inconsistent, the regulations of the Occupational Safety Standards Board shall be
no less stringent than the regulations of the federal Environmental Protection
Agency.
(3) If a regulation specified in subparagraph (B) of paragraph (1) is not adopted
on or before January 1, 1998, the exemptions specified in paragraphs (7) and (8)
of subdivision (d) shall be inoperative on and after January 1, 1998, until a
regulation is adopted. Upon adoption of such a regulation on or after January 1,
1998, smoking may thereafter be permitted in gaming clubs and in bars and
taverns, subject to full compliance with, or conformity to, the standard in the
regulation within two years following the date of adoption of the regulation. An
employer failing to achieve compliance with, or conformity to, the regulation
within this two-year period shall prohibit smoking in the gaming club, bar, or
tavern until compliance or conformity is achieved. If the Occupational Safety and
Health Standards Board and the federal Environmental Protection Agency both
adopt regulations specified in subparagraph (B) of paragraph (1) that are
inconsistent, the regulations of the Occupational Safety and Health Standards
Board shall be no less stringent than the regulations of the federal Environmental
Protection Agency.
(4) From January 1, 1997, to December 31, 1997, inclusive, smoking may be
permitted in gaming clubs, as defined in paragraph (7) of subdivision (d), and in
bars and tavems, as defined in paragraph (8) of subdivision (d), subject to both of
the following conditions:
(A) If practicable, the gaming club or bar or tavern shall establish a
designated nonsmOking area.
(B) If feasible, no emplOyee shall be required, in the performance of
ordinary work responsibilities, to enter any area in which smoking is
permitted.
(g) The smoking prohibition set forth in this section shall constitute a uniform statewide
standard for regulating the smoking of tobacco products in enclosed places of
employment and shall supersede and render unnecessary the local enactment or
enforcement of local ordinances regulating the smoking of tobacco products in enclosed
places of employment. Insofar as the smoking prohibition set forth in this section is
applicable to all (100 percent of) places of employment within this state and, therefore,
provides the maximum degree of coverage, the practical effect of this section is to
eliminate the need of local governments to enact enclosed workplace smoking restrictions
within their respective jurisdictions.
(h) Nothing in this section shall prohibit an employer fi.om prohibiting smoking in an
enclosed place of employment for any reason.
(i) The enactment of local regulation of smoking of tobacco products in enclosed places
of employment by local governments shall be suspended only for as long as, and to the
extent that, the (100 percent) smoking prohibition provided for in this section remains in
effect. In the event this section is repealed or modified by subsequent legislative or
judicial action so that the (100 percent) smoking prohibition is no longer applicable to all
enclosed places of employment in California, local governments shall have the full right
and authority to enforce previously enacted, and to enact and enforce new, restrictions on
the smoking of tobacco products in enclosed places of employment within their
jurisdictions, including a complete prohibition of smoking. Notwithstanding any other
provision of this section, any area not defined as a "place of employment" or in which the
smoking is not regulated pursuant to subdivision (d) or (e), shall be subject to local
regulation of smoking of tobacco products.
(j) Any violation of the prohibition set forth in subdivision (b) is an infi'action, punishable
by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred
dollars ($200) for a second violation within one year, and five hundred dollars ($500) for
a third and for each subsequent violation within one year. This subdivision shall be
enforced by local law enforcement agencies including, but not limited to, local health
departments, as determined by the local governing body.
(k) Notwithstanding Section 6309, the division shall not be required to respond to any
complaint regarding the smoking of tobacco products in an enclosed space at a place of
employment, unless the employer has been found guilty pursuant to subdivision (j) of a
third violation of subdivision (b) within the previous year.
(1) If any provision of this act or the application thereof to any person or circumstances is
held invalid, that invalidity shall not affect other provisions or applications of the act that
can be given effect without the invalid provision of application, and to this end the
provisions of this act are severable.
CITY OF DUBLIN
Website: htr o://www, ci.dubIin.ca.us
NOTICE TO DUBLIN BUSINESSES REGARDING PROPOSED
SMOKING ORDINANCE AMENDMENTS
August 9, 2002
Current City and State law prohibits smoking in designated areas such as
enclosed places of employment, restaurants and bars. The law also prohibits
related items such as cigarette vending machines and self-service displays.
At its meeting on July 16, 2002, the Dublin City Council directed Staff to
develop an amendment to the City's existing Smoking Ordinance aimed at
strengthening specified areas.
The Council requested that the Ordinance include provisions that prohibit
smoking in the following areas:
Outdoor dining
Within 25 feet of a business entrance
Multi-family common areas such as laundry rooms, lobbies, and
hallways
The proposed Ordinance also prohibits the sale or display of smokeless
tobacco, cigars, cigarette paper and other tobacco paraphernalia through a
self-service display.
The City Council will consider the proposed Ordinance amendment on:
Tuesday September 3, 2002
7:00 p.m. - City Council Chambers
100 Civic Plaza Dublin, California 94568
The above item will be a Public Hearing and as such there will be an
opportunity for testimony and public input. If you have any questions about
the proposed amendment, please contact Jason Behrmann at 925-833-6650.
Area Code (925) · City Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 ·
Finance 833-6640 · PubiicWorks/Engineering 833-6630 · Parks & Community Services l ATTACHMENT 3
Planning/Code Enforcement 833-6610 · Building Inspection 833-6620 · Fire Prevel
Printed on Recycled Paper
69~ Village Parkway, Suite 210 RECEIVED
Robert E. Lew, D.D.S. Dub,., CA 94568-2423
CiTY OF
August !6, 2002
Jason Behrmann, City Staff
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Proposed Smoking Ordinance Amendments
Dear Mr. Behrmann:
I am writing to voice my support of the proposed Smoking Ordinance Amendments
scheduled to be heard in public hearing on September 3, 2002. It is my
understanding that the amendment is to include provisions that prohibit smoking in
the following areas: outdoor dining, within 25 feet of a business entrance, and multi-
family common areas. As a Dublin resident, business owner and healthcare
provider, ! am in strong support of these provisions. Any additional provisions that
would deter the use of any tobacco products and clear our air of secondhand smoke
are also encouraged. ! ,.,could like to see Dublin take a strong stance against tobacco
products. Thank you.
Sincerely,
Robert E. Low, D.D.S.
A'I-FACHMENT 4
Dub
CHAMBER OF COMMERCE
August 1C 2002
Mayor Janet Lockhart
City of Dublin
100 Civic Plaza
Dublin, California 94568
Dear Mayor Lockhart:
The Dublin Chamber of Commerce Board of Directors has canvassed a cross section of
its members to obtain input on the proposed smoking ordinance amendments being considered
by the Dublin City Council and would like the Council to consider the following:
· No smoking within 25 feet of a business entrance. Define business entrance, would
this mean 25 feet from the main entrance into a business or 25 feet from any entrance
into a business. This should be the decision of the business owner, not the city.
· By not allowing smoking within 25 feet of a business entrance would create a safety
problem for many businesses since customers and/or employees would be in parking
lots or public streets smoking
· Many restaurants do not allow smoking in the outdoor dining areas, however there are
some restaurants that do allow smoking in outdoor areas. Non smoking customers
currently have a choice of whether or not they want to be seated in a smoking area,
however if smoking is banned entirely in outdoor dining areas in Dublin, the smoker
is left with "no choice" but to frequent establishments outside the city where outdoor
smoking is permitted.
· How will the ordinance be monitored?
· Who will be responsible for establishing areas around a business twenty five feet
from the entrance.
· What will the consequences be for violating the ordinance?
· The City has been proactive in recruiting new business to Dublin. Potential
businesses interested in relocating to Dublin should be informed of the smoking
amendments prior to their commitment to locate within the city, this could definitely
have an impact on their decision to relocate
ATTACHMENT 5
7080 DONLON WAY, SUITE 110 ® DUBLIN, CALIFORNIA
(925) 828-6200 ° FAX: (925) 828-4247 · E-MAIL: dblnco'
· If an individual is forced to leave the premises in order to smoke this could become a
liability issue for the business since the employee is on Company time.
The Dublin Chamber of Commerce Board of Directors urges the Dublin City Council to
re-consider any changes to the current smoking ordinance at this time. Instead allow the
business community to "voluntarily" establish guidelines for smoking areas.
Thank you for your consideration of this matter.
Sincerely yours,
GEORGE FAGUNDES
Chairman, Board of Directors
Dublin Chamber of Commerce
GF:nf
Cc: Vice Mayor Claudia McCormick
Councilmember Tony Oravetz
Coundilmember Tim Sbranti
Councilmember George Zika
Smoking Control Ordinances in Alameda County, 07/2002 / ~' Y /?
Work Places Smoke-free Smoke"free Smoke-free Smoke-free Smoke"free Smoke-free Smoke-free
Employee Smoke-free AB 13 (1) AB 13 (1) Smoke.free AB 13 (1) AB 13 (1) Smoke"free
Breakrooms
Businesses with
fewer than 6 Smoke"free Specific condition`"Smoke-free Smoke"free Smoke"free Specific condition.. Smoke-free
employess (2) (2)
Smoking Smoking Smoking Smoking
Company vehicles prohibited except ~ prohibited except Smoke"free Smoke-free prohibited except prohibited except Smoke"free
in truck cabs (3} in truck cabs {3) in truck cabs (3) in truck cabs (3)
RESTAURANTS Smoke"free Smoke"free Smoke-free Smoke-free Smoke-free Smoke-free Smoke"fres
Bare in
restaurants/ Smoke-free Smoke"fres Smoke"free Smoke-free Smoke-free Smoke-free Smoke"fres
hotels
Free-Standing Smoke-free Smoke-free Smoke-free Smoke"free Smoke"free Smoke-free Smoke-fres
Bare
Gaming Smoke-free Smoke-free Smoke"free Smoke.free Smoke"fres Smoke"free Smoke-free
clubs/bingo
Bowling Smoke-free Smoke-free Smoke-free Smoke"free Smoke-free Smoke"free Smoke-free
Billiards Smoke"free Smoke"free Smoke"free Smoke-free Smoke-free Smoke"free Smoke"free
Hotel Rooms 75% S-free 35% S-free (1) 35% S-free (1) 75% S-free 35% S-free (1) 35% S-free (1) 60% S-free
Meeting and Specific Specific Specific Specific Specific Specific Specific
Banquet Rooms circumstances. (4) circumstances. (4} circumstances. (4) circumstances. (4) circumstances. (4) circumstances. {4) circumstances. {4)
Multi.family Smoke-free No provision No provision Senior resid. No provision No provision Smoke"free
common areas
Outdoor areas:
Yes - No defined Yes - No defined
Reasonable Minimum of 15 fi, No provision No provision No provision No provision
Distance footage footage
Outdoor areas 100% outdoor 100% outdoor No provision No provision Service lines,
dining No provision No provision workplace 50% dining
Over21 bars (BP# Over21 bars (BP
Vending Mach. Banned 22960) Over 21 barn only Banned Banned # 22960) Over 21 bars only
Banned Banned
Free samples Banned HS #118950 Banned Banned Banned HS #118950 Banned
Self-service Banned Banned Banned Banned Banned Banned
Banned
Displays BP 22962 BP 22962 BP 22962 BP 22962 BP 22962 BP 22962
Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited Prohibited
Sales to minore
PC 308 PC 308 PC 308 PC 308 PC 308 PC 308 PC 308
Single cigarette Banned PC308.2 Banned PC308,2 Banned PC308.3 Banned PC308.3 Banned PC308.2 Banned PC308.;': Banned PC308.2
Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to
Bidi
minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308,1 minors PC 308.1 minors PC 308.1
Licensing No provision No provision No provision No provision No provision No provision No provision
Age signage Age signage Age signage Age signage Age signage Age signage Age signage
Retailer signs BP #22952 BP #22952 BP #22952 BP #22952 BP #22952 BP #22952 BP #22952
StorefrontAd Limit14SqflMSA!Limit14SqflMSAiLimit14SqffMSA Limit14SqffMS^ Limit14SqftMSA Limit14SqffUSA Limit14SqftUSA
Banned Banned Banned Banned Banned Banned Banned
Billboards
BP #22961 BP #22961 BP #22961 BP #22961 BP #22961 BP #22961 BP #22961
Location/Zoning No provision No provision No provision No provision No provision No provision No provision
CUP (5) No provision revised* No provision No provision No provision No provision No provision
Lobby Yes No provision Yes Yes Yes Yes Yes
Enforcement 208-5916 748-4506 525-7300 664-6510 925-833-6657 596-3728 675-5382
* Includes all County-operated facilities in the County.
(1) See Assembly Bill 13 for details
(2) Employees can be FT or PT; minors are not allowed; no employee req. to work~n the area; air is exhausted directly
outside; and employers complies with state and federal ventilation standards.
(3) Smoking prohibited except in truck cabs when no non-smoking emplOyees are present.
(4) Smoking not allowed during food/beverage service, set-up and clean-up.
(5) Conditional Use Permit :1 , -- _
PB = California Business and Professional Code J
PC 308 = Penal Code 308
HS = California Health and Safety Code
MSA = Master Settlement Agreement
7/2002 Alameda Count,/Public Health Department, Tobacco Control Program (510) 208-59~Q
ATTACHMENT 6
Smoking Control Ordinances in Alameda County, 07~2002
COUNTY/CrrYI Hayward ILiverm°re I Newark I Oakland I Piedmont I Pleasanton I SanLeandrol Union City
Work Places Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free
Employee Smoke-free AB 13 (1) Smoke-free AB 13 (1) AB 13 (1) AB 13 (1) AB 13 (1) Smoke-free
Breakrooms
Businesses with
fewer than 6 Smoke-free Smoke-free Smoke-free Smoke-free Specific conditions Smoke-free Specific con~iifion~Smoke.free
employees (2) (2)
Smoking Smoking Smoking Smoking Smoking Smoking
Company vehicles prohibited except Smoke-free pmhibitad except prohibited except prohibited except Smoke'free prohibited except prohibited except
in truck cabs (3) in truck cabs (3) in truck cabs (3) in truck cabs (3) in track cabs (3} in truck cabs (3)
RESTAURANTS Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free
Bare in
restaurants/ Smoke-free Smoke-free Smoke-free Smoke-free Smoke-flee Smoke-free Smoke-free Smoke-free
hotels
Free-Standing SmOke.free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free
Gaming Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-flee
clubs/bingo
Bowling Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free
Billiards Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free Smoke-free
Hotel Rooms 35% S-free 75% S-free 60% S-free 35% S-free (1) 35% S-free (1) 75% S-free 35% S-free (1) 60% S-free
Besting and Specific Smoke-free Smoke-free Specific Specific Smoke-free Specific Specific
Banquet Rooms circumstances. (4) cimumstances. (4) circumstances. (4) circumstances. (4) cimumstances. (4)
Multi-family Smoke-free Smoke-free Smoke-free Smoke-free No provision Smoke.free No provision Smoke-free
common areas
Outdoor areas:
Reasonable No provision Yes - No defined Yes - No defined Yes- No defined No provision Yes - No defined No prevision Yes - No defined
Distance footage footage footage footage footage
Outdoor areas Service lines, Svc.lines,bus t00% din.,svc. 100% din.,svc. Service lines,
50% dining stops, stadiums lines, stadiums, No provision No prevision lines, stadiums, No provision 50% dining
bus stops bus stops
Vending Bach. Over 21 bars only Banned Banned Over 21 bars only Over 2I bars only Over 21 bars onty Over 21 bars only Banned
(BP # 22960)
Free samples Banned Banned Banned Banned Banned Banned Banned Banned
HS #118950 HS #118950
Self-Service
Banned BP 22962 Banned BP 22962 Banned Banned BP 22962 Banned BP 22962 BP 22962 Banned BP 22962 Banned
Displays
Prohibited PC Prohibited PC Prohibited PC Prohibited P(~ Prohibited PC Prohibited P£ Prohibited PC Prohibited PC
Sales to minors
308 308 308 308 308 308 308 308
Singlecigarstte Banned PC308.3 Banned PC308.3 Banned Banned PC308.3 Banned PC308.3 Banned PC308.3 Banned PC308.3 Banned PC308.3
Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to Prohibited to
Bidi
minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308.1 minors PC 308.1
Licensing No provision No provision No provision No provision No provision No provision No provision No provision
Retailer signs Age signage Age signage Age signage Age signage Age signage Age signage Age signage Age signage
BP #22952 BP #22952 BP #22952 BP #22952 BP #22952 BP #22952 BP #22952 BP #22952
StorefrontAd Umit14SqffMSA Umit14SqftMSA Limit14SqftMSA Limit14SqftMSA Limit14SqftMSA Limit14SqflMSA Limit14SqftMSA Limit14SqftMSA
Banned Banned Banned Banned Banned Banned
Billboards Banned Banned
BP #22961 BP #22961 BP #22961 BP #22961 BP #22961 BP #22961
Location/Zoning No provision No provision No provision Restrictions No provision No provision Moratorium 11101 No provision
CUP (5) No provision No provision No provision Restrictions No provision No provision Moratorium 11101 No provision
Lobby Yes Yes Yes Yes Yes Yes No provision Yes
Enforcement 583-4174 925-371-4797 818-3016 238-2257 420-3040 925-931-5620 577-3245 471-'1365
(1) See Assembly Bill 13 for details
(2) Employees can be FT or PT; minors are not allowed; no employee req. to work in the area; air is exhausted directly
outside; and employers complies with state and federal ventilation standards.
(3) Smoking prohibited except in truck cabs when no non-smoking employees are present.
(4) Smoking not allowed during food/beverage service, set-up and clean-up.
(5) Conditional Use Permit I
PB = California Business and Professional Code
PC 308 = Penal Code 308
HS = California Health and Safety Code
MSA= Master Settlement Agreement
7~2002 Alameda County Public Health Department, Tobacco Control Program (510) 208-5920
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