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HomeMy WebLinkAboutOrd 18-02 Smoking&SaleTobacco ORDINANCE NO. 18 - 02 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: · 5.56.030 Applicability, All areas and facilities owned by the City shall be subject to the provisions oftl3is Chapter. 5.56.040 Def'mitions. The follow/rig words and phrases, whenever used in this chapter, shall be construed as defined in this section: "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. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "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. "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. "Employer" means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons. "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section. "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. "Public place" means any 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. Except as provided below, this distance shall be a minimum of fifteen (15) feet unless the application of the fifteen-foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than fifteen feet which does not place the smoker in a potentially unsafe location. A "reasonable distance" shall be a minimum of twenty-five (25) feet from a playground or a tot lot sandbox area "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, members or employees. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "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. "Smoking" means inhaling, exhaling, burning or can'ying any lighted pipe, cigar or cigarette of any kind, or any other combustible substance. "Sports arena" means sports pavilions, gynmasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events. "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. "Vending machine" means any electronic or mechanical device or appliance, the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases tobacco products and/or tobacco accessories. 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. 5.56.060 Duty of employer, business, or nonprofit entity. 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 entity'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 smoking distance required--15 feet. A. Smoking shall be prohibited within a reasonable distance, as defined in this chapter, from any main entrance 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. 5.56.80 Posting of Signs A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than inch (1") in height, or the international "No Smoking" 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 or outside of every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place. When a sign is posted on the exterior of a building to indicate no smoking, it shall include the distance limitations contained in this Chapter. B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. 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 of a 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. 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 15th day of October, 2002, by the following votes: Ayes: Councilmembers McCormick and Sbranti, and Mayor Lockhart Noes: Councilmembers Oravetz and Zika Absent: None Abstain: None Attest: Deputy City Clerk G:\CC-MTGS\2002-qtr 4\OCT~10-15-02\ord-smoking.doc (Item 6.2)