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HomeMy WebLinkAboutItem 6.2 SmkngPollutionContrlOrd (2) -~'-'-~ ..::'t . . ,.. .. CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 22,1993 SUBJECT: Public Hearing: Smoking Pollution Control Ordinance ~ (Prepared by: Bo Barker, Management Assistant) EXHIBITS ATTACHED: 1) ~blin Municipal Code Chapter 5.56 - "Smoking Pollution Control" 2) American Lung Association Model Ordinance 3) /Memo comparing the current ordinance with proposed American Lung Association (ALA) Model Ordinance 4) / Revisions to Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control Implementing the American Lung Association Model Ordinance. 5) / Position Memo from Vice-Mayor Burton 6) /Correspondenco/elated to modifications to the Ordinance Attachments: (A)jLetter and Petitions from Amador Physical Therapy. (BV Letter from the Alameda-Contra Costa Medical Associat~n. (C}A!-A Fact Sheet on Bowling Centers and Secondhand Smoke. (D)fiVall Street Journal Article on the EP A Report regarding Secondhand Smoke. (E},tetter from the Dublin Chamber of Commerce. (F) fetters from Ted Hoffman of Earl Anthony's Dublin Bowl. RECOMMENDATION: ~. 1) Open Public Hearing 2) Accept Public Testimony 3) Close Public Hearing 4) Deliberate and either: a) Take no Action. b) Amend the current Ordinance by Introducing the American Lung Association Model Ordinance revisions as set out in Exhibit 4. c) Amend the current Ordinance by Introducing the American Lung Association Model Ordinance revisions as set out in Exhibit 4 and exempt free standing bars. d) Amend the current Ordinance as deemed appropriate. e) Defer to obtain more input from the business community. FINANCIAL STATEMENT: Enforcement of the Ordinance would continue to be required. Since the proposed ordinance revisions eliminate smoking in most areas, it is estimated that staff time required to enforce the ordinance would be significantly reduced. DESCRIPTION: The Tri-Valley Council, comprised of representatives from the Cities of Dublin, Danville, San Ramon, Pleasanton and Livermore, has brought this issue forward in an attempt to create a uniform smoking ordinance for all cities in the Tri-Valley. The Tri-Valley Council's action primarily arises from health issues as the Environmental Protection Agency has determined that secondhand smoke is a Class A Carcinogen for which there is no safe exposure level. The Tri-Valley Council's intent is to mitigate any adverse impacts created through the adoption of smoking ordinance. At the City Council meeting on October 25,1993, the City Council received a status report related to Smoking Pollution Control. At that time Staff was directed to prepare an item regarding the Smoking Pollution Control modifications to be presented at this meeting. The City of Pleasanton is the only city which has taken action, adopting the American Lung Association Model Ordinance. The Town of Oanville heard the issue on November 16 and tabled the issue to December 7. The City of Livermore heard testimony at a City Council meeting on November 8, 1993 and continued discussions to December 13. The City of San Ramon is tentatively scheduled to hear the issue on December 14. . Liability and the American with Disabilities Act All City owned and operated city facilities are designated as smoke free. Therefore, it would be difficult for an individual to bring legal action against the City or file a complaint under the American with COPIES TO: ITEM NO. -" .1. CITY CLERK FILE ~ . . . . Disabilities Act. Further, according to Government Code Section 818.2, "a public entity is not liable for any injury caused by failing to adopt an enactment..." The potential liability will be faced by private businesses that allow smoking in their facility. As presented in the Wall Street Journal Article in Exhibit 6, "As a result of the Environmental Protection Agency's (EPA) report linking passive tobacco smoke to lung cancer, a new wave of tobacco related lawsuits is likely." As explained in the article, the expected suits would occur in the area of worker's compensation claims, damage suits brought by customers of business and suits against tobacco companies. Dublin Ordinance 5.56 - Smoking Pollution Control In 1986 the City adopted the current Smoking Pollution Control Ordinance 13-86 (Exhibit 1). It is stated in Section 5.56.020 (B) (2) the purpose of the ordinance is, "to strike a reasonable balance between the needs of smokers and the need of nonsmokers to breath smoke free air, and to recognize that, where these needs conflict, the need to breath smoke free air shall have priority". The following examples will demonstrate that this intent is not always accomplished. In summary, the major components of the current ordinance deal with smoking in the following manner: -+ Requires restaurants to designate at least 50% of the seating as non-smoking. -+ Allows employees of businesses to designate their work area as smoking or non-smoking. -+ Allows smoking in Bars, Bingo Halls, and other areas not specifically regulated. Since the current ordinance was adopted in 1986 staff has responded to approximately 54 complaints from customers and employees of businesses. Staff notifies the business of the complaint and requests the business submit their written policies to the City indicating compliance with the current ordinance. Staff will also conduct a physical inspections as required. Since the current ordinance permits smoking in certain places, numerous occasions have occurred where businesses are in compliance with the current ordinance, but non-smokers continue to be subjected to secondhand smoke in restaurants and other places of employment. A significant problem for staff arises in attempting to follow-up on workplace smoking complaints, where open office areas are involved. Since each person can declare their work area or cubicle as a smoking or non-smoking area, surrounding work stations are also impacted. Although Section 5.56.060 requires that in the event of a dispute, the health concerns of the non-smoker shall take precedence, employers have indicated to staff that they have difficulty choosing sides, without legislation, which states that the entire workplace is smoke free. Another example of problems with the current ordinance involves ventilation systems. In one instance, a health care facility complained that although their suite was strictly nonsmoking, they were subjected to cigarette smoke from another office in the same building through the ventilation system. The City has received on-going complaints from the management of the health care facility, as well as from numerous patrons. The suite designated as smoking is in compliance with the current ordinance although the employees and patrons of the health care facility continued to be exposed to this health hazard. The Proposed Ordinance The Tri-Valley Council has proposed that all the Valley cities pass a uniform smoking pollution control ordinance as presented by the American Lung Association (Exhibit 3). As previously indicated, the intent of the uniform ordinance is to mitigate any potential impacts on the business community. The proposed ordinance would effectively prohibit smoking in all restaurants, bars, and all places of employment. This includes bingo halls, amusement arcades, bowling allies, movie theater lobbies and common areas of condominium and apartment complexes. The model ordinance would also ban cigarette vending machines with the intention of limited accessibility of cigarettes to young people. The new ordinance would reduce the amount of staff time required to respond to smoking complaints because there would be less ambiguity as to where smoking is allowed and where it is prohibited. City Council Options and the Proposed Ordin.ance Numerous concerns about the strictness of the model ordinance have arisen leading to this Public Hearing. The City Council has the ability to amend the model ordinance as it deems appropriate. One of the central issues deals with exempting bars which don't have a restaurant attached to them. In order to make this option available, staff has developed a definition for "free standing bars". This definition is; "Free-Standing Bar means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages and which is not a "bar," provided that, if there are any other uses in the building, the area has a self contained ventilation system separate and apart from any ventilation system for any portion of the building which is not devoted to the serving of alcoholic beverages." e . If the City Council exempted Free Standing Bars it would in essentially exempt bars with no restaurant attached. Further, bars such as the bowling alley bar, would be exempt under this definition provided it has a separate ventilation system from the fest of the facility. Smokin&" Ordinance Survey At the meeting on September 27, 1993, City Council was presented with a proposed survey. The City Council directed staff to send out surveys to the business community through the Chamber of Commerce newsletter. Subsequent to that meeting various business owners voiced concerns that the survey was not distributed to enough businesses. In attempt to satisfy this concern without incurring the expense of a full scale survey, staff was able to distribute approximately 580 additional surveys by enclosing survey forms with business license renewal certificates for businesses located in the City of Dublin. Staff receivedJ! si~nificant response from the survey acceptin&" a total of 176 surveys from both the Chamber of Commerce Newsletter and the City mailing. This represents approximately 22% of all businesses in Dublin. Not all questions were answered in each survey. The graph below illustrates the number voting yes and!lQ on each question. Support Strengthening Ordinance ~ ~ Ban on VendingMachines Support Smoke Free Bars Support Smoke Free Restuaranls Support Smoke Free Workplaces Respondent Works in Dublin 174 Respondent is a Dublin Resident o 25 50 75 100 125 150 175 Number of Votes The survey results shown above represent the following percentages. The percentage was calculated based on the number of response to each question. QUESTION POSED NO Respondent is a Dublin Resident 66% Respondent Works in Dublin 1% Support a Stronger Ordinance 31% Support Smoke Free Work Places 23% Support Smoke Free Restaurants 25% Support Smoke Free Bars 52% Support Ban of Vending Machines 35% Conclusion Staff recommends that the City Council conduct a public hearing to obtain input on the proposed modifications. In summary, the City Council should conduct a public hearing, deliberate and either: a) Take no Action. b) Amend the current Ordinance by Introducing the American Lung Association Model Ordinance revisions as set out in Exhibit 4. c) Amend the current Ordinance by Introducing the American Lung Association Model Ordinance revisions as set out in Exhibit 4 and exempt free standing bars. d) Amend the current Ordinance as deemed appropriate. e) Defer to obtain more input from the business community. ~.~.. J '.< , '.' 5.56.010 e e "CITY OF DUSUN P.O. BoX 2340 Dubiln. CA 94588 Chapter 5.56 SMOKING POLLUTION CONTROL Sections: 5.56.010 5.56.020 5.56.030 5.56.040 5.56.050 5.56.060 5.56.070 5.56.080 5.56.090 5.56.100 5.56.110 .5.56.120 5.56.130 5.56.140 Title. Findings and purpose. Applicability. Definitions. Prohibition of smoking in public places. Regulation of smoking in places of employment. Areas not regulated. Posting of signs. Retaliation prohibited. Public education by city. Public education- Cooperation with other agencies. Interpretation. Enforcement- Administrative officer designated. Violation-Penalty. 5.56.010 Title. This chapter shall be known as "the smoking pollution control ordinance." (Ord. 13-86 ~ 1000) 5.56.020 Findings and purpose. A. The City Council finds that: 1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and 2. Reliable studies have shown that breathing secondhand smoke is a signifi- cant health hazard for certain population groups, including elderly people, indi- viduals with cardiovascular disease, and i I . I. individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and 3. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstric. tion, and bronchospasm; and . 4, Nonsmokers with allergies, respira- tory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and 5. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employ~ent; 6. Smoking is a documented cause of fires, and cigarette and cigar bums and ash stains on merchandise and fixtures cause economic losses to businesses. B. Accordingly, the City Council finds and declares that the purposes of this chapter are (1) to protect the public health and welfare by prohibiting smok. ing in public places except in designated smoking areas, and by regulating smok- ing in places of employment; and (2) to strike a reasonable balance between the needs of smokers and the need of non- smokers to breathe smoke-free air, and to recognize that, where these needs con~ flict, the need to breathe smoke-free air shall have priority. (Ord. 13-86 S 1001) 5.56.030 Applicability. All enclosed facilities owned by the city shall be subject to the provisions of this chapter. (Ord. 13~86 S 1003) 188 r:f~ 1:iT ~ ~1 fl ~1 ~j~. .:,...~,~ I"') .., '.,.,}.-'"w' . ~.' ;.~, ~"':.." J. . :...'\,', . ,"1 -':~ ',~ ,; " ';1 \l;l 'I ~,",}};)JHnj 6J:; i! i. ~ e 5.56.040 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only inci- dental to the consumption of such bev- erages. "Business" means any sole pro- prietorship, partnership, joint venture, corporation or other business entity formed for profitmaking purposes, including retail establishments where goods or services are sold as well as pro- fessional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional serv- ices are delivered. "Dining area" means any enclosed area containing a counter or tables upon which meals are served. "Employee" means any person who is employed by any employer in considera- tion 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, part- nership, corporation, or nonprofit entity, including a municipal corporation, who employs the services of one or more per- sons. "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. "Nonprofit entity" means any corpo- ration, unincorporated association, or other entity created for charitable, educa- tional political, social, or other similar purposes, the net proceeds from the oper- ations of which are committed to the pro- motion of the objects or purposes of the e 5.56.040 organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this sec- tion. "Place of employment" means any enclosed area under the control of a pub- lic or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, and restrooms, conference and class rooms, cafeterias and hallways. Except: 1. A private residence is not a place of employment, unless it is used as a child care or a health care facility; 2. The dining area of a restaurant is not a "place of employment." "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public trans- portation facilities, reception areas, res- taurants, retail food production and marketing establishments, retail service establishments; retail stores, theaters, and waiting rooms. "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school caf- eteria, and any other eating establish- ment, organization, club, boarding- house, or guesthouse, which gives or offers food for sale to the public, guests, patrons, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in the subsection defining "bar" in this sec- tion. 189 e 5.56.040 "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. "Smoking" means inhaling, exhaling, burning, or carrying any lighted pipe, cigar, or ciga,rette of any kind, or any other combustible substance. "Sports arena" means sports pavil. ions, gymnasiums, 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. (Ord. 13-86 S 1002) 5.56.050 Prohibition of smoking in public places. A. Smoking shall be prohibited in all enclosed public'places within the City of Dublin including, but not limited to, the following places: 1. Elevators and restrooms; 2. Buses, taxicabs and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (a) the establishment of separate waiting areas for smokers and non- smokers, of equal size or (b) the establish- ment of a maximum of fifty percent (50%) ofa given waiting area as smoking area; 3. Service lines; . 4. Retail stores, except areas in said stores not open to the public and all areas within retail tobacco stores; 5. Retail food marketing establish- ments, including grocery stores an~ supermarkets, except those areas of such establishments set aside for the purpose of serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regu- lated by this chapter; 6. All areas available to and custom- arily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels; 7. Restaurants; provided, however that this prohibition does not prevent (a) the designation of a contiguous area within a restaurant that contains a max- imum offifty percent (50%) ofthe seating capacity of the restaurant as a smoking area, or (b) providing separate rooms des~ ignated as smoking rooms, so long as said rooms do not contain more than fifty percent (50%) of the seating capacity of the restaurant; 8. Public areas of aquariums, librar- ies, and museums when open to the pub-- lic; provided, however, that this prohibition does not prevent the designa. tion of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area; 9. Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar perform- ance, except when smoking is part of any such production; provided however, that 190 . this prohibition does not prevent the des- ignation of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area; 10. Sports arenas and convention halls, except in designated smoking areas; 11. Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the juris- diction of the city; 12. Waiting rooms, hallways, wards, and semi-private rooms of health facili- ties, including, but not limited to, hospi- tals, clinics, physical therapy facilities, doctors' offices and dentists' offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the 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; 13. Polling places. B. Notwithstanding any other provi- sion of this section, any owner, operator, manager or other person who controls any establishment described in this sec- tion may declare that entire establish- ment as a nonsmoking establishment. (Ord. 13-86 S 1004) 5.56.060 Regulation of smoking in places of employment. A. It shall be the responsibility of employers to provide smoke-free areas '. 5.56.050 for nonsmoking employees within exist- ing 'facilities to the maximum extent pos- sible, but employers are not required to incur any expense to make structural or other physical modifications in provid- ing these areas. B. Within sixty (60) days of the effec- tive date of the ordinance codified in this chapter, each employer and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements: ,1. Any employee in a place of employ- ment shall have the right to designate his or her work area as a non-smoking area and to post the same with an appropriate sign or signs, to be provided by the employer; 2. prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, and restrooms; 3. Provision and maintenance of sep- arate and contiguous nonsmoking areas of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges or provision and maintenance of separate and equal sized cafeterias, lunchrooms and employee lounges for smokers and nonsmokers; 4. In any dispute arising under this smoking policy, the health concerns of the nonsmoker shall be given prece- dence. C. The smoking policy shall be com- municated to all employees within three weeks of its adoption. 191 . 5.56.060 D. All employers shall supply a writ- ten copy of the smoking policy to any prospective employee. E. Notwithstanding any other provi- sions of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (Ord. 13-86 ~ 1005) 5.56.070 Areas not regulated. A. Notwithstanding any other provi- sions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter; 1. Bars; 2. Private residences, except when used as a child care or a health care facil- ity; 3. Hotel and motel rooms rented to guests; 4. Restaurant, hotel and motel con- ference or meeting rooms, and public and private assembly rooms while these places are being used for private func~ tions; 5. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by non- smokers. B. Notwithstanding any other provi- sion of this section, any owner, operator, manager, or other person who controls any establishment described in this sec- tion may declare that entire establish- ment as a nonsmoking establishment. (Ord. 13-86 ~ 1006) 5.56.080 Posting of signs. A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch (1") in . height, or the international "No Smok- ing" symbol (consisting ofa pictorial rep- resentation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is con- trolled by this article, by the owner, oper- ator, manager or other person having control of such building or other place. B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohib- ited within the theater or auditorium, and in the case of motion picture the- aters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. C. Every restaurant shall have posted at every entrance a sign clearly stating that a nonsmoking section is available and the size ofthat section. Every patron shall be asked as to his or her preference by the host or hostess (if one is on duty). A person taking reservations for a restau- rant shall likewise ask if there is a non- smoking or smoking preference. (Ord. 13~86 ~ 1007) 5.56.090 Retaliation prohibited. No person or employer shall dis~ charge, refuse to hire, or in any manner, retaliate against any.employee or appli- cant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 13-86 S 1010) 5.56.100 Public education by city. A. The City Manager shall engage in a continuing program to explain and clar- ify the purposes of this article to citizens 192 . affected by it, and to guide owners, oper- ators and managers in their compliance with it. B. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other gov- ernmental and health agencies equipped with the needed expertise to conduct such campaigns. (Ord. 13-86 ~ 1011) 5.56.110 Public education- Cooperation with other agencies. The City Manager shall annually request other governmental and educa- tional agencies having facilities within the city to establish local operating pro- cedures in cooperation and compliance with this chapter. The City Manager shall urge federal, state, county and special school district agencies to enforce their existing smoking control regulations and to comply voluntarily with this chapter. (Ord. 13-86 ~ 1012) 5.56.120 Interpretation. This chapter shall not be in terpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 13-86 ~ 1013) 5.56.130 Enforcement- Administrative officer designated. A. Enforcement shall be imple- mented by the City Manager. . 5.56.100 B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment con- trolled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. D. Notwithstanding any other provi- sions of this chapter, a private citizen may bring legal action to enforce this chapter. (Ord. 13-86 ~ 1008) 5.56.140 Violation-Penalty. A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions. The owner, manager or operator of a restau- rant shall not be deemed in violation of Section 5.56.080 C if the host or hostess of the restaurant fails to ask the seating preference of patrons, but shall be deemed in violation thereofifthe restau- rant has no stated policy requiring that patrons be asked their preference. B. It is unlawful for any person to smoke in any area restricted by the provi- sions of this chapter. C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100), for first violation; 2. A fine not exceeding two hundred dollars ($200), for a second violation of this chapter within one (1) year, 3. A fine not exceeding five hundred dollars ($500), for each additional vio- lation of this chapter within one (1) year. (Ord. 13-86 S 1009) 193 e e American Lung Association of Alameda County MODEL ORDINANCE ELIMINATING SMOKING IN WORKPLACES AND ENCLOSED PUBLIC PLACES and PROHIBITING TOBACCO PRODUCT FREE DISTRIBUTION AND VENDING MACHINES Sec. 1000. Title This article shall be known as the Smoking pollution Control Ordinance. Sec. 1001. Findings and Purpose The City Council does hereby find that: 1. Smoking is responsible for the premature deaths of 434,000 Americans each year from lung cancer, heart disease, respiratory illness, and other diseases. At special risk from exposure to secondhand smoke are elderly people, children, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. 2. The U.S. Environmental Protection Agency has determined that secondhand smoke is a Class A carcinogen for which there is no safe exposure level. Secondhand smoke is responsible for an additional 53,000 deaths among nonsmokers each year. 3. The health care costs and lost productivity resulting from smoking-related disease and death represent a heavy and avoidable financial drain on our community. . .' 4. The free distribution of cigarettes and other tobacco products 'encourages people to begin smoking and using tobacco products, and tempts those who had quit to begin.smoking again. In addition, the free distribution of cigarettes and other tobacco products promotes unsightly litter, thereby increasing the costs to the public in cleaning the streets; and also causes pedestrian traffic congestion. . -. . 5. . The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no other addictive product or drug, or cancer-causing product or drug is sold through vending machines. Accordingly, the City Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to guarantee the rights of nonsmokers to breathe smoke~free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; 1 g:J:( iJ.-i1.~ Z~ ~ or /!I ,J ." "" lU ,j'J .~ ii .. ~.~~ ..~~ ~;:;;~ tJ Ij J . e and (3) to generally promote the health, safety, and welfare of all people in the City of against the health hazards and harmful effects of the use of tobacco products. Sec 1002. Definitions The following words and phrases, whenever used in this article, shall be consuued as defined in this section: 1. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. 2. "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 corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.. 3. "Employee" means any person who is employed by an employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. 4. "Employer" means any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons. 5. "Enclosed Area" means all space between a floor and ceiling which is enclosed. on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened. by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar suuctures. 6. "Place of Employment" means any enclosed area under the control of "a "public or private employer in which .employees normally meet or work during the. course of employment, including, but not limited. to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence in not a "place of employment" unless it is used as a child care or health care facility. 7. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, indoor shopping malls, theaters and waiting rooms. A private residence is not a "public place" . 8. "Reasonable Distance" means any distance necessary to insure that Occupants of a building are not exposed to secondhand smoke created by smokers outside of the building. The determination of the City Manager or appropriate designee shall be final in any disputes relating 2 e e to reasonable distance for smoking outside of buildings regulated by this article. 9. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. 10. "Retail Tobacco Store" means a retail store utilized primarily for. the sale of tobacco products and accessories and in which the sale of other products is merely incidental. 11. "Service Line" means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. 12. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant, or other combustible substance in any manner or in any form. 13. "Sports Arena" means sports pavilions, gymnasiums~ health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. 14. "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 a tobacco product and/or tobacco accessories. Sec. 1003 Application of Article to City-Owned Facilities All enclosed facilities owned by the City of article. . shall .be subject t~ the provisions of this Sec. 1004 Prohibition of Smokin~ in Public Places A. Smoking shall be prohibited in all enclosed public places within the City of including, but not limited to, the following places: 1. Elevators 2. Buses, taxicabs, and other means of public transit under the authority of the City of , and ticket, boarding and waiting areas of public transit depots. 3. Restrooms. 3 e e 4. Service lines. 5. Retail stores. 6. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments not open to the public, which may otherwise be regulated by this section. 7. All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including but not limited to, attorneys' offices and other offices, banks, laundromats, public areas of hotels and motels. 8. Restaurants. 9. Bars. 10. Public areas of aquariums, galleries, libraries, museums, and other exhibits open to the public. . II. Any faciliry used for exhibiting any motion picture, stage drama, musical recital or other similar performance. 12. Sports arenas and convention halls. 13. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City or any political subdivision of the State during such time as a public meeting is in progress,. to the extent such a place is subject to the jurisdiction of the City. 14. Waiting rooms, hallways, wards, offices and patient care rooms .of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices. 15. Lobbies, hallways, and. other common areas in' apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit . residential facilities. 16. Lobbies, hallways, and other common areas in multiple-unit commercial facilities. 17. Polling places. B. Notwithstanding any other provision of this section, any owner, operator, manager or 4 e e other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. Sec. 1005. Regulation of Smoking in Places of Emplovment A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees. B. Employers shall post "No Smoking" or "Smoke Free" signs in accordance with Section 1007 of this article. C. Employers are encouraged to provide information about smoking cessation programs for employees and contact local health organizations for possible assistance and materials in this endeavor. D. Smoking outside of the work building shall occur at a reasonable distance from the building to insure that smoke does not enter the building through doors and windows and . affect occupants therein, or those entering or leaving the building. E. Within" sixty (60) days of the effective date of this article, each employer having an enclosed. place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. F. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption. G. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. Sec 1006. Where Smokim! Not Re!fulated A. Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Private residences, except when used as a child care or health care facility. 2. Retail tobacco stores. 5 e e B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. Sec 1007. Posting of Si~ms A. "No Smoking" signs or "Smoke Free" signs, with letters of no less than one (1) inch in height, or the international "No Smoking" symbol (consisting ofa pictorial representation of a burning cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in or at the entrance of every building or other place where smoking is prohibited by this article, by owner, operator,' manager or other person having control of such building or other place. For purposes of this article, the City Manager or appropriate designee shall be responsible for the posting of signs in regulated facilities in the City of B. Every restaurant shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. C. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium. Sec. 1008. Tobacco Samples Prohibited 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, or coupons for 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 property owned by the city, any school district, or any park district, except in retail tobacco stores. Sec. 1009. Tobacco Vending- Machines Prohibited No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designed or used for vending purposes. Sec. 1010. Enforcement A. Enforcement of this article shall be implemented by the City Manager or appropriate designee. . B. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the City Manager or appropriate designee. 6 e e C. The Fire Department or the Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator, or other person having control of such establishment that all requirements of this article have been complied with. D. Any owner, manager, operator or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof. E. Notwithstanding any other provision of this article, a private citizen may bring legal a~tion to enforce this article. Sec. 1011. Violations and Penalties A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions. B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article. C. Any person who violates any provision of this article shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100) for a first violation. 2. A fine not exceeding two hundred dollars ($200) for a second violation of this article within one (1) year. 3. A fine not exceeding five hundred dollars ($500) for each addition.al violation of this article within one (1) year. . . Sec. 1012. Nonretaliation No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded in this article. Sec. 1013. Public Education The City Manager or appropriate designee shall engage in a continuing program to explain and clarify the purposes and requirements of this ordinance to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of the ordinance. 7 - e Sec. 1014. Governmental AQ:ency Cooperation The Office of the City Manager or designee where appropriate, may annually request other governmental or other educational agencies having facilities within the City of to establish local operating procedures in cooperation and compliance with this article. Sec. 1015. Other Applicable Laws This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or regulations. Sec. 1016. Severability If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared severable. Sec. 1017. Effective Date This article shall be effective thirty (30) days from and after the date of its adoption, and shall be reviewed within one ye:ar of its effective date. Written by Barbara Alvarez, Coordinator, Alameda Counry Smoking Ordinance Amendment Project. for the American Lung Association of Alameda County (510) 893-5474. 2/18/93. 8 CITY OF DUBLIN e MEMORANDUM e . " ~ ~__._..~ ___.. ______ __n ._" _...._____ . .~---- ~ --..-. _._--.._..~... .....--- - -. .. ...... - .- ..- . - .-.. DATE: August 5, 1993 TO: Richard C. Ambrose, City Manager FROM: Bo Barker, Management Assistant Review of the American Lung Association Model Smoking Ordinance SUBJECT: The following presents the differences between City of Dublin Ordinance 13-86 - Smoking Pollution Control and the American Lung Association Model Smoking Ordinance. The two ordinances are similar in both format and content are primarily organized by the following categories. 1. Findings and Purpose 2. Definitions 3. Prohibition of Smoking in Public Places 4. Regulation of Smoking in Places of Employment 5. Areas not re lated 6. Posting of Signs 7. Retaliation Prohibited 8. Public Education 9. Enforcement 10. Violation and Penalties The heart of both ordinances, and the main differences between them, are in the categories of Regulation of Smoking in Places of Employment and Prohibition of Smoking in Public Places. The differences between these sections, as well as descriptions of the other categories are presented below. Prohibition of Smoking in Public Places The Ci 's Ordinance A. Smoking shan be prohibited in all enclosed public places within the City of Dublin including, but not limited to, the following places: 1. Elevators and restrooms 2. Buses, taxicabs and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (a:) the establishment of separate waiting areas for smokers and nonsmokers, of equal size or (b) the establishment of a maximum of fifty percent (50%) of a given waiting areas as smoking areas; 3. Service Lines: 4. Retail stores, except areas in said stores not open to the public and all areas within retail tobacco stores; 5. Retail food marketing establishments, including grocery stores and supermarkets ,except those areas of such establishments set aside for the purpose of serving of food and drink, restrooms and offices and areas thereof not open to the public, which may be otherwise regulated by this chapter; 6. All areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels; American Lun Association Ordinance A. Smoking shall be prohibited in all enclosed public places within the City (of Dublin) including, but not limited to, the following places; 1. Elevators and resttooms 2. Buses, taxicabs and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; 3. Service Lines: 4. Retail Stores 5. Retail food marketing establishments, including grocery stores and supermarkets ,except those areas of such establishments set aside for the purpose of serving of food and drink, restrooms and offices and areas thereof not open to the public, which may be otherwise regulated by this chapter; 6. All areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels; 7. Outdoor areas that are within 10 feet of any entrance or exit to a place of employment. 8. Restaurants, including but not limited to indoor and outdoor dining areas, waiting areas, restrooms, offices, break rooms, and food preparation areas. ..,;~.tr~ r-r~~~ .~"~., t ,. ""1"\"" oM' ( ~.~:: "ld.~"" :t ~~ '.>..:-~ ..... ,,-;".'t . " J;'" 1i'J i; .,., ',) "'\ " lI.:~i \~. a ~ &:L~1i;1 r e e 7. Restaurants; provided, however, that this prohibition does not prevent (a) the designation of a contiguous areas within a restaurant that contains a maximum of fifty percent (50%) of the seating capacity of the restaurant as a smoking area, or (b) providing separate rooms designated as smoking rooms, so long as said rooms do not contain more than fifty percent (50%) of the seating capacity of the restaurant; 8. Public areas of aquariums, libraries, and museums when open to the public; provided, however, that this prohibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area; 9. Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production; provided however, that this prohibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area. 10. Sports arenas and convention halls, except in designated smoking areas; 11. Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; 12. Waiting rooms, hallways, wards, and semi-private rooms of health facilities ,including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permi tted; 13. Polling Places. 9. Bars, including but not limited to indoor and outdoor dining areas, waiting areas, restrooms, offices, break rooms, and food preparation areas. 10. Aquariums, galleries,libraries, museums, and other exhibits open to the public. 11. Any facility used for exhibiting any motion picture, stage drama, musical recital or other similar performance, including bar and dining areas. 12. Sports arenas and convention halls. 13. Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; 14. Waiting rooms, hallways, wards, offices and patient care rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices 15. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, an other multiple-unit residential facilities. 16. Lobbies, hallways, and other common areas in multiple-unit commercial facilities. 17. Polling Places. 18. Private residences when used as a licensed or unlicensed family day care center or health care facility during hours of operation. 19. Bingo parlors, billiard halls, amusement arcades, and similar places of amusement and recreation. The two ordinances use language which is the same for some of the items under this category. However, the American lung association ordinance is much more comprehensive in banning smoking in public places. The City's Ordinance bans smoking, but allows smoking in businesses were at least 50% of the seating is for nonsmoking. Businesses which currently have some smoking sections would not be able to do so under the American Lung Association ordinance. Businesses which would no longer be able to have smoking sections under the American Lung Association Model are; ~ Restaurants ~ Bars, Lounges ~ Movie Theater Lobbies ~ Common Areas of Apartment and Condominium Complexes. ~ Bingo Halls, Bowling Allies and Amusement Arcades In short, the American Lung Association Model Ordinance does a good job of prohibiting smoking in all enclosed places where people interact. 2 -' 'e Regulation of Smoking in Places of Employment The City's Ordinance A. It shall be the responsibility of employers to provide smoke free areas for nonsmoking employees within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. B. Within sixty (60) days of the effective date of the ordinance codified in this chapter, each employer and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements, 1. Any employee in a place of employment shall have the right to designate his or her work area as a non~smoking area and to post the same with an appropriate sign or signs, to be provided by the employeri 2. Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities and restroomsi 3. Provision and maintenance of separate and contiguous nonsmoking areas of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges or provision and maintenance of separate and equal sized cafeterias, lunchrooms and employee lounges for smokers and nonsmokers. 4. In any dispute arising under this smoking policy, the health concems of the nonsmoker shall be given precedence. e American Lung Association Ordinance A. It shall be the responsibility of employers to provide a smoke-free workplace for all employees. B. Employers shall post "No Smoking" signs in accordance with Section (Posting of Signs) of this article. C. Employers are encouraged to provide information about smoking cessation programs for all employees and contact local health organizations for possible assistance and materials in this endeavor. D. Smoking outside the work building shall occur at a reasonable distance from the building to insure that smoke does not enter the building through doors and windows and affect occupants therein, or those entering or leaving the building. E. Within sixty (60) days of the effective date of this article, each employer having an enclosed place of employment located within the City shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements. "Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. The bolded Paragraph A of each ordinance shows the differences in this category. The City ordinance prohibits smoking in places of employment, bu t allows the employees to decide if his/her work area is smoking or nonsmoking. This allows smoking in private offices and other designated work areas. The American Lung Association ordinance prohibits smoking in all places of employment. 3 e " Areas Smoking is Not Regulated The City's Ordinance A. Notwithstanding any other provision of this article to the contrary, the following areas shall notbe subject to the smoking restriction of this article: 1. Barsi 2. Private residences, except when used as a child care or a health care facilityi 3. Hotel and motel rooms rented to guests: 4. Restaurant, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functionsi 5. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by nonsmokers e American Lung Association Ordinance A. Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restriction of this article: 1. Private residences, except when used as a child care or health care facility 2. Retail tobacco stores 3. Hotel and motel rooms rented to guests, provided that each hotel and motel designates not less than seventy-five (75%) of their guest rooms as nonsmoking rooms and removes ashtrays and ma tches from these rooms. Hotel and motels are not regulated under the City's current ordinance, while the American Lung Association ordinance requires that at least 75% of the rooms be designated as nonsmoking. Under the American Lung Association Model, Bars !!.r.f regulated, unlike the City's Ordinance. Posting Qf Signs The only difference between the two ordinances under this category is a line in the American Lung Association model ordinance which states, "No ash trays shall be provided or allowed to remain in any area designated nonsmoking under this article, by the owner, operator, manager or other person having control of that area." Additional Categories under the American Lung Association Model Ordinance. o Tobacco Samples Prohibited: 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, or coupons for 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 property owned by the city, any school district, or any park district, except in retail tobacco stores. f) Tobacco Vending Machines Prohibited: No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designed or used for vending purposes. Categories which are interchangeable in both ordinance are as follows: ... Findings and Purpose ... Definitions ... Enforcement ... Violations and Penalties Conclusion ... Non retaliation/Retaliation Prohibited ... Public Education ... Other Applicable laws/Interpretation The main differences between the City's Ordinance and the American Lung Association Model Ordinance are in the categories of Regulation of Smoking in Places of Employment and Prohibition of Smoking in Public Places. Under both categories the American Lung Association Model Ordinance prohibits smoking more extensively than the City's current Ordinance. . 4 e - Ordinance No. - 93 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING TITLE 5, CHAPTER 56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL. The City Council of the City of Dublin, does ordain as follows: Section 1 - Definitions Section 5.56.040 is amended to include the following: "Bar" means an area within, part of or associated with a restaurant which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. "Free-Standing Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages and which is not a "bar," provided that, if there are any other uses in the building, the area has a self contained ventilation system separate and apart from any ventilation system for any portion of the building which is not devoted to the serving of alcoholic beverages. "Reasonable Distance" means any distance necessary to insure that persons in an area where smoking is prohibited are not exposed to secondhand smoke created by smoker near the area. The determination of the City Manager or appropriate designee shall be final in any disputes relating to reasonable distance for smoking outside of buildings regulated by this article. "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 a tobacco product and/or tobacco accessories. Section 2 - Prohibition of Smokin~ in Public Places Section 5.56.050 shall be repealed in its entirety and replaced with the following: A. Smoking shall be prohibited in all enclosed public places within the City of Dublin including, but not limited to, the following places: 1. Elevators and restrooms 2. Buses, taxicabs and other means of public transit under the authority of the City of Dublin and in ticket, boarding, and waiting areas of public transit depots 3. Service lines, including outdoor service lines. 4. Retail stores 5. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments not open to the public, which may otherwise be regulated by this section. Exhibit 4 e e 6. All areas available to and customarily used by the general public in all businesses and non- profit entities patronized by the public, induding but not limited to, attorneys' offices and other offices, banks, laundromats, public areas of hotels and motels. 7. Outdoor areas that are within ten (10) days feet of any entrance or exit to a place of employment. 8. Restaurants, induding but not limited to indoor and outdoor dining areas, waiting areas, restrooms, offices, break rooms, and food preparation areas. 9. Bars, induding free-standing bars, waiting areas, rest rooms, offices, break rooms, and food preparation areas. 10. Aquariums, galleries, libraries, museums, and other exhibits open to the public. 11. Any facility used for exhibiting any motion picture, stage drama, musical recital or other similar performance, induding bar and dining areas. 12. Sports arenas and convention halls. 13. Every room, chamber, place of meeting or public assembly, induding school buildings under the control of any board, council, commission, committee, induding joint committees, or agencies of the City or any political subdivision of the State during such time as a public meeting is in progress, to the extent such a place is subject to the jurisdiction of the City. 14. Waiting rooms, hallways, wards, offices and patient care rooms of health facilities, induding, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists offices. 15. Lobbies, hallways and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities. 16. Lobbies, hallways and other common areas in multiple-unit conunercial facilities. 17. Polling Places 18. Private residences when used as a licensed or unlicensed family day care center or health care facility during hours of operation. 19. Bingo parlors, billiard halls, amusement arcades, and similar places of amusement and recreation. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. Section 3 - Prohibition of Smoking in Places of Employment e e Section 5.56.060 shall be repealed in its entirety and replaced with the following: A. It shall be the responsibility of employers to provide a smoke free workplace for all employees. B. Employers shall post "No Smoking" or "Smoke Free" signs in accordance with Section 5.56.080 of this article. C. Smoking outside of the work building shall occur at a reasonable distance from the building to insure that smoke does not enter the building through doors and windows and affect occupants therein, or those entering or leaving the building. D. Within sixty (60) days of the effective date of this article, each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. E. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption, and shall be communicated to new employees upon their hiring. F. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. Section 4 - Areas Not Regulated Section 5.56.070 shall be repealed in its entirety and replaced with the following: A. Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Private residences, except when used as a day care or health care facility. 2. Retail tobacco stores. 3. Hotel and motel rooms rented to guests, provided that each hotel and motel designates not less than seventy-five percent (75%) of their guest rooms as nonsmoking rooms and removes ashtray and matches from these rooms. B. Notwithstanding any other provision of this section, any owner, operator manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Section 5 -Tobacco Vending Machines Prohibited and Tobacco Samples Prohibited 5.56.115(a)(b) - shall be added as follows: e e A. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designed or used for vending purposes. 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, or coupons for cigarettes or other tobacco products, at any event open to the public, or in any public place induding but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the city, any school district, or any park district, except in retail tobacco stores. Section 6 - Posting of Ordinance 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 this 22nd day of November, 1993 A YES: NOES: ABSENT: ABSTAIN: Mayor A TIEST: City Clerk MEMO TO CI~COUNCIL RE: NON-SMOKING O"'NANCE BY: DAVE BURTON, VICE MAYOR November 15, 1993 This memo outlines my position on the proposed ordinance restricting smoking in public and private places. AS A MATTER OF PRINCIPLE, I BELIEVE ** ** Individuals . unnecessarily taking in this instance. should away resist a public agency private and personal rights as ** Non-smoker's rights need to be recognized and they should be able to conduct their lives without the hazard of secondhand smoke. ** Business decisions on business. persons are how they entitled to should legally make their own conduct their ** Smokers should be able to enjoy business facilities where smoking is allowed. ** Public facilities & work places where the public is required to go in order to conduct everyday business, should be smokefree, in so far as possible. ** Where the public has a choice of facilities, ie: restaurants, bars, hotels, bowling centers, bingo parlors, etc., the business management of those facilities should provide space to attract non-smokers, smokers or both, according to whom the management wants to serve. ** A prominent sign should be installed at each entrance of a building that indicates whether or not smoking is allowed in the building. ** Private offices and private office building owners and lessee's should make their own decision about smoking in a private office or building. CONCLUSION: The objective of any new ordinance on smoking should recognize the rights of private businesses and individules to make their own decisions on smoking as long as they don't infringe on non-smoker's rights to be smokefree in their required daily activities. Employees and management should work out their own arrangements for providing smoke- free work areas. I don't believe the City should take on the responsibility of changing an individual's personal health habits. ~]~J~~B ~rr 5 - e Correspondence Related to the Smoking Pollution Control Ordinance Exhibit 6 ./~c..". w..~'i LOU Y'c~R\E eEl V E 0 . OCT 22 1993 CITY OF DUBLIN :"amad.r valle~ pnysical therapy e 7567 Amador Volley Blvd., Suite 205 Dublin. CA 94568 (510) 551.7556 FAX (510) 551.8482 Bo Barker Dublin City Council 100 Civic Plaza Dublin, CA 94568 October 19, 1993 Dear Mr. Barker: Enclosed are numerous signed letters regarding the second hand smoke hazard in our building. We would appreciate it if you could please see that these letters get into the right hands to be presented at the next City Council meeting in support of the Tri-Valley Smoke- Free Cities Coalition. . Thank you. Sincerely, ~~;!h~~. Melissa Engelbert (;;/ , Office Manager ME:kw Attachment A JIlt, e e TRI-VALLEY SMOKE-FREE CITIES PETITION - 7~ .J-tuJ/~ Sr .Jf) Gn-l5 Sve~1 AdtlntD fA- $;;0" Del-IDA jv(IL-AWo H_ "7:J' . . ..dA-tl a- /In,J 01:1 $ltl>4l..... 3(PC;~ - i-IJ..lT C (S6 S""'.. NIdIuI pt-e/\ S4N71JN. C:A ( Y~~8 8 . ... Zip c..u :r!~/Y"{ C S 1'-11 LA,A/ 0 N_ ( PI"",. Prinz) ()cPt/if /h4~~ $IIM C 3t. ff-;JfA,f7. ClI' ..5 c:) S""'..,4.dth-t.. P [C(4 YJ-/'I n/('I . 7 - C) $-C~~ City ... Zip Code (r&.--. (. N_ ( PIuu. Prinz) $.t,.,~ f7"JLj LV. (..) /{).-I..., s""'..,4.dth-t.. f/..........-I-,-.. ("A ~1'Irrr/ City ... Zip CDdc 7b1-~ /~ /4 ]Ju ^! (' Jl- I..J N_ ( PIuu. Prilll) I!cJUW/ diJt~dAA./ SJgh4lllrt I -Pua 64 k./ c;ktr? II- S"",./,4.dth-t.. City ... Zip CDdc De1x>r.::.n y eDrn~ N_~ PI..... PrW) II.' I ,. /!ljJjwcJl L!.t~ Si,ltdlwe I / ~rnOil /? . 9Lf5f3 City ... Zip CDdc rJl'.~/3/r!;k/, -:[1';" IL' N_ (f'Iuu. 7' ) .1' . 1 . III 1/0/ e (] (I A' ?/dv) SlgI'tIJIIII'C '"' / ! _w___ ..-._.~-'-~-~_.- .-- - ..~.-~~.-.~..._---.-~.,-..~.._..- . . . .... +m.,'r _ ~ W" _ __.~.. -........... 'r__'~ .. --.. - -. ,_. .' .-~ ~ ~ --.. . ...':. j l' '. -- f"' - j : . ... ..... ;,.. '.. .: .. .". ~ Please send your petitions to:~\American Lung Association of.A~~meda 5~ounty, 295.27th St., Oakland, CA 94612 . .' - 474 : TRI-VALLEY ~OKE..FREE CITIEeCOALITION PETITION TO THE CITY COUNCILS OF PLEASANTON, DUBLIN & LIVERMORE We, the undersigned, support the proposed Ordinances, promoted by the Tri-Valley Smoke-Free Cities Coalition, that will create 100 % smoke-free restaurants and worksites, will prohibit tobacco- product giveaways and will ban cigarette vending machines in Pleasanton, Dublin, and Livermore. We urge each City Council to protect thehealth ofits citizens and visitors and pass this Ordinance. \(,Ci\. '(' e,~ N ,'t1-\1 Ci:.Y\ 5 0 ,.J 11_ ( Pluu. hi"') \CQ~ fu~,,~~ Siftt4/JD'C '60k-("b 1'os-c h (. s""./MIdn:rJ G~h-c\P.\~ ) ~ qyS'-l~ City "- Zip Cotk C{ C(~LJilt ~ --:UeiQt ( I" ~ lL N_ rt::-' '" I ~ L 12 . II (l let,? L .f ) : d ( / '-L s.,.......,.. (A e/L( frO Ciq '" Zip Cotk j - 3 0- I j 1ft.o M 115 Rli-Gh 1/1/ .. 11_ ( Plu.s. PriN) ~f!r ~ 3-3o~?3 ~-:];o- ~3 0.... :3 -)l-cr) Ie 1.y~ J-.~RI(Dft-j;J9'J/~ ~I 9 ~j-z,<Y" ~rn4IWf L~ RKilA L~ A 1) F .. . D~ C -. LJS-~? c' '" Zip Cotk .j A~ET DE57cTA KIS. 'PC) 130 x. 2.05 G '3 S"..,lttAddruiJ C-A S T"P-- 0 -J ALLl=-Y C A '4 '-i S' CiI] '" Zip Cotk e_( (lJ7 L)D(~_1 C+. Sry,./AtIdI'<:rJ ~ II' G . . C.(9c::< }""12(,~,<,''-v\ C:i;\, \~....6 ~ C;q "- Zip CI>d< v N_~r.~ ~I~~ Sj'~ ~ ' :.s--'" ?? Please send your petitions to: American Lung Association of Alameda County, 29S-27th SL, Oakland, CA 94612 For further information, call Barbara Alvarez at 510-893-5474 .' TRI-VALLEY ~OKE-FREE CITIEeCOALITION PETITION TO THE CITY COUNCILS OF PLEASANTON. DUBLIN & LIVERMORE We, the undersigned, support the proposed Ordinances, promoted by the Tri-Valley Smoke-Free Cities Coalition, that will create 100% smoke-free restaurants and worksites, will prohibit tobacco- product giveaways and will ban cigarette vending machines in Pleasanton, Dublin, and Livermore. We urge each City Council to protect the health of its citizens and visitors and pass this Ordinance. l!Jdet;yllJ1Zr Sb'Y'tA~D . r~.e- c"" 6. Zip C..u ~93 IJ~//I/ JJ1;;etJ} N-a~"_J 7,' Vr /VAl- J/1/ AA $1 M'..-c ' sf (/5'50 v.... 7/! Jj'? I /)O(,+y~ 1'11, <; N_(I'Iuu.l'>-iAlj ; I --J'\ \'r / ._0 W"~, !L--. $i,,.,.... v' ,'1 ,r", , I -!.'~/ . ,. . :- '_0. ~."...)(.J. '"J'~; _rP-- S,:,,"~~'" , ~ \) --) ~ _.".._ ,--",' ~r ,,-.: -, I' . \.. .:.,.,.. ,(' C 6.ZipC_ ,} ~'::I :S-,'"'" \,'" ...... '/ ,1.' \ N_ (1'1......./:';"'1 /I //'1 ../J.y J.1 ~(I :A ~ !.- ,~, (~~I ;-!..} , ~ A t) C $1I"'t~' AA:l.,.,,~ ,-. 1 ,,"' ,.."J .., .5 A. (\ rZ-C,;:F,,",.1 /'\ C Ii . q {.~ (; ~, C' .A Zip Code I ? r; Py'C:: H'l C vI 0 J;J 1./ ~.;: SIN" Add,.... 5r.:V~d R~u:"" >: Co .9'7 L:..) 8 '< Ci'7 .A Zip Code ' ---..ooIIt u.... Please send your petitions to: American Lung Association of Alameda County, 295-27th St., Oakland, CA 94612 For further information, call Barbara Alvarez at 510-893-5474 e e ALAMEDA-CONTRA COSTA MEDICAL ASSOCIATION Jf.. cl.!/-- r-\ ." \ r___ . ( ''-?!i'l ~L') I 1-- / 6230 CLAREMONT AVE. . P.O. BOX 2895 . OAKLAND. CA 94618 · 510 I 654-5383 · FAX 510 I 654-8959 ') July 27, 1993 R 12 \..: i: ' . '\: ;\, I \... \0 ~ 'r,..... -.... ~'. ~::::;J '. I . ..\ ~,- \ 1v 0r..:. ~""'lt i.l,,~....~.,.\l C\ 1 \:,," ..--" Mayor Peter Snyder & Dublin city council Members P. O. Box 2340 Dublin, CA 94560 Dear Mayor snyder and council Members: It has come to the attention of the Alameda-Contra Costa Medical Association (ACCMA) that your city council is participating in a subcommittee under the auspices of the Tri-Valley council which is considering the development of an ordinance governing smoking. The ACCMA endorses the following anti-smoking provisions for adoption by local governments: 1. 100% smoke-free restaurants. Restaurants sharing enclosed space with a bar may permit smOking only in the bar area; 2. 100% smoke-free workplaces (both public and private offices). SmOking areas may be provided only if the room is separately ventilated and exhausted directly to the outside; 3. Ban cigarette vending machines, except in stand alone bars. The machine must be located at least 25 feet from any entry into the bar; 4. Ban the distribution of free tobacco samples and coupons in public places; 5. Ban the out-of-package sale of tobacco products. 6. Designate non-smoking areas of at least 60% in outdoor concert facilities, and outdoor sporting arenas; 7. Ban smOking in bowling centers, except on the concourse; 8. Bingo parlors may allow smoking only if a separate room is provided for smokers; 9. Hotels and motels must designate at least 30% of guest rooms as smoke-free and remove ashtrays from those rooms. Smoking kills an estimated 390,000 Americans per year, the single largest preventable cause of premature death in the country. The third largest cause of preventable death is "passive smoking," Attachment B e e Mayor Peter Snyder & Dublin city Councilor Members July 27, 1993 Page 2 also called second-hand smoking, caused by the inhalation of smoke produced by another person's cigarette. This kills an estimated 1,000 Americans. The Environmental protection Agency (EPA) has classified second-hand smoke as a Class A carcinogen known to cause cancer in humans. Major studies have shown that the risk of lung cancer is approximately 30% higher for non- smoking spouses of smokers than it is for non-smoking spouses of non-smokers. A recent study also concluded that waitresses have the highest mortality of any female occupational group in California, suffering almost four times as many lung cancer deaths and 2.5 times the number of heart disease deaths as other women. Recognizing the significant danger to public health that second- hand smoke poses, many local governments have passed ordinances banning smoking in public places. The ACCMA urges your city council to adopt a smoking ordinance in keeping with the provisions listed above. This is good public health policy. MD JWC:dc cc: Jess Bromley, MD, Chairman ACCMA Committee on Chemical Addictions Tobacco prevention project, contra costa County ~B.......A__~A..M E D A CO U N T Y TEL:1-510-893-9008 e Nov l::.,'j,j ! ( . V! 1"1 U . v V .. I . V I e Page 1 Bowling Fact Sheet, 11 /3/93 BOWLING CENTERS & SECONDHAND SMOKE Most bowling centers are marketed as "family entertainment" and as such c~ter to children as well as to adults. Many specialize in birthday parties and offer vIdeo games as well. Bowling is also a popular pastime for many adults who enjoy smoking. But the two ._ children and environmental tobacco smoke -~ should not mix. The Environmental Protection Agency (EP A) strongly recommends that every organization dealing with children have a smoking policy that protects children from exposure to secondhand smoke. In January 1993, the EPA released a report that classifies secondhand smoke a Class A carcinogen __ a substance known to cause cancer in humans. The report stated that secondhand smoke causes 3,000 lung cancer deaths a year in non-smokers. Secondhand smoke is especially hazardous to young children, causing, every year: . up to 300,000 lower respiratory infections including pneumonia, bronchitis, and bronchiolitis, rl~su1ting in up to 15,000 hospitalizations in infants and young children up to '18 months of age; . 200,000 to 1,000,000 asthma attacks in childreni . 8,000 to 26,000 new cases of asthma in previously non-asthmatic children; . increased middle ear effusion; and . significantly reduced lung function, and symptoms of respiratory irritation like cough, excess phlegm, and wheeze. WHO IS AT RISK FROM EXPOSURE TO SECONDHAND SMOKE In addition to children, many other people can be seriously harmed by exposure to secondhand smoke. Pregnant women should avoid tobacco smoke ..~ studies have shown that the toxic and carcinogenic components of smoke do reach and can harm the unborn fetus. Moreover, people with lung and/or heart diseases and/or serious allergies are negatively impaded by exposure. An estimated 11 % of the general population has a chronic lung disease like asthma, chronic bronchitis, lung cancer or emphysema; serious allergies affect 16% of the general populationi and 28% have coronary heart disease. Even otherwise healthy people have been shown to be harmed by secondhand smoke according to both the' EP A report and the U.S. Surgeon General. PREPARED BY THE AMERICAN LUNG ASSOCIATION OF ALAMEDA COUNTY Attachment C ALA ALAMEDA COUNTY TEL:1-510-893-9008 e Nov 15,93 17:01 No.002 P.OS e Page 2 Bowling Fact Sheet, 11/3/93 VENTILATION: Can a good ventilation system protect non-smokers? The EP A has found that environn1ental tobacco smoke (ETS) is a substance known to cause cancer in humans for which there is no safe level of exposure. While the EP A strongly recommends that all indoor smoking be banned, should an employer decide to allow smoking indoors, the following conditions must be met: II Air from the smoking room should be directly exhausted to the outside by an exhaust fan. Air from the smoking room should not be recirculated to other parts of the building. More air should be exhausted from the room than is supplied to it to make sure ETS doesn't drift to surrounding spaces. The ventilation system should provide the smoking room with 60 cubic feet per minute (CFM) of supply air per smoker. Non-smokers should. not have to use the smoking room for any purpose. The smoking room should be located in a non-work area where no one, as part of his or her work responsibilities, is required to enter:' The EP A recommendations are based solely on. air flow requirements in a smoking room; even 60 CFM does not protect non-smokers from exposure to secondhand smoke. VIABILITY OF SMOKE-FREE BOWLING There is absolutely no empirical data showing that eliminating smoking from bowling alleys will cause financial hardship. Claims of business loss have been made by one alley in San Luis Obispo, but the reports were only anecdotal and no financial records have ever been made public for verification. In 1990, San Luis Obispo banned smoking in restaurants and other public places including bowling alleys. The one alley there, Laurel Bowl, has claimed that it lost 385 league bowlers representing 28% of their income as a result. While the owner has claimed that the smoking ban was the sole cause for the drop, two other circumstances during that time may have contributed to the decline. At the same time the ordinance was implemented: (1) a brand new alley in neighboring Atascadero opened attraeling bowlers who had heretofore driven to SLO to bowl; and (2) Caltrans, in order to do road work, closed down the main access road to SLO during the evening hours from August 1990 through December 1990. Three years after implementation of the ban, Laurel Bowl continues to operate in SLO. PREPARED BY THE AMERICAN LUNG ASSOCIATION OF ALAMEDA COUN"fY _Hb,A......A ~,A M E D A CO U N T Y TEL4It-510-S93-900S Nov 15.93 e 17:03 No.002 P.09 ~ , Page 3 Bowling Fact Sheet, 11/3/93 Both Fremont's and Pleasanton's ordinances ban smoking in bowling alleys and will take effect Jan. 1, 1994. Albany's ordinance, passed in 1992 and implemented in February 1993, limits smoking to the bar area of its one alley. SMOKING AND THE BOWLING POPULATION The California Department of Health has estimated that 8270 of lhe adult ' population in Alameda County arc non-smokers. Reliable smoking prevalence data for bowlers specifically is not available but the data from a survey d?ne for ~he California Health Department shows that the smoking prevalence rates In 1989 m California for 25.44 yrs old is 20.7% for women and 28.4% for men. In other words, fully 71-79 % of that population are non-smokers. In Alameda County there are 470,000 residents in that age group. SMOKING CONTROL LEGISLATION AND LIABILITY Due to the growing concern over the known negative health effects of secondhand smoke, the federal, state and local governments have been moving in the direction of greater restrictions. Smoking in bowling centers may be banned by the federal or state government within the next several years. Moreover, nonsmokers harmed by involuntary exposure to secondhand smoke have won numerous workers compensation cases and other lawsuits in California and other states. The Americans with Disabilities Act (ADA) of 1990 expressively prohibits discrimination against individuals with a physical impairment that substantially limits major life activities ~- and breathing is considered a major life activity. Places covered by the ADA include workplaces and places of public accommodation, such as restaurants and bowling alleys. Most recently, three motherfl have filed an ADA lawsuit against three major fast food chains that cater to children. The suit claims that by allowing smoking in the restaurants, the operators are violating the children's right to go to a place of public accommodation. The children are asthmatic and secondhand smoke can cause asthmatic attacks. 1f non-smokers are exposed to secondhand smoke, the operators of the alleys can be held liable for any health damages that may arise.' PREPARED BY THE AMERICAN l.UNG ASSOCIATION OF ALAMEDA COUNTY .EP'i\lteJ;8rt Sparks Antismoking Plans Plaintiffs'Suits May'Prod Firms To Bar Smoking By Enw ARD FELSENTHAL Staff RepoTtl'r of Till!: WALL STlUl,E;T JOURNAL The Environmental Protection Agency : is counting mainly on plaintiffs' lawyers, I rather than regulators. to drive businesses to ban smoking on their premises, and the lawyers are eager to comply. As a result of the EPA's report linking "passive" tobacco smoke to lung cancer and other ailments, a new wave of tobacco- related lawsuits Is likely, legal specialists say. These are expected to include: . Workers' compensation claims by non~ smokers who say they became ill in a smoke-filled workplace. . Suits against tobacco companies by nonsmokers who have been exposed, any- where, to cigarette smoke. . Damage suits by customers who expe- rience adverse reactions, such as respira- tory problems, at restaurants, bars and other facilities that permit smoking. While all these lawsuits have been attempted before, usually unsuccessfully, the EPA report Is expected to be cited as compelling evidence of the perils of passive smoke. And it could aid plaintiffs even in cases in which exposure to the smoke preceded by many years the Issuance of the report. As in all such cases, though, the plaintiff will still have to prove that the presence of the smoke caused his or her illness. Lawyers for tobacco companies and employers stres:; the difficulty of proving such causation in any specific case. They add that the EPA report is far from the first public assertion that passive smoke may be a health risk, and thatit won't serve as a panacea for the plaintiffs' bar. Ventilation Systems Nonetheless, businesses are being urged by some defense lawyers to cut their future exposure to such lawsuits by moving more quickly to limit smoking in the workplace. Arvin Maskin, of the law firm Weil, Gotshal & Manges, suggests, for example, that companies consider segre- gating smokers in rooms with separate ventilation systems. Mr. Maskin says that companies will be presumed by courts to be familiar with the EPA's findings and may have to go beyond mere compliance with various state and local regulations to avoid liability for wrongdoing. That's the kind of legally driven reac- tion that EPA Administrator William Reilly has said he's seeking to encourage. The lawsuit route is particularly appealing to him because the EPA has no regulatory power over workplace smoking rules and has to rely on a separate federal agency, the Occupational Safety and Health Ad- ministration, to develop lighter regula- tions. In the past, OSHA has been slow to move on this issue. Alterlng Behavior In part because of the political complex- ity of pushing through regulations or legis- lation on such controversial matters, the government has oHeil encouraged private lawyers to bring lawsuits that might help bring about the same results as legislation. In the past, civil rlgnts and the environ- ment have been among the areas In which lawyers in the private sector. some- times viewed as "private attorneys gen- eral," have promoted a public policy through litigation. "When litigation becomes a real factor, people change their behavior," says Rich- ard Daynard, a law professor at Northeast- ern University who heads the Tobacco Products Liability Project, a public-health advocacy group. "Mr. Daynard and other lawyers also suggest that, when faced with more claims related to passive smoking, insurers may start exerting pressure on companies as well. Insurers Interviewed yesterday, how- ever. said that it was too soon to predict any such result. So far, nonsmokers who have tried to link their llinesses to cigarette fumes haven't fared particularly well In the court- room. Last September, for example, the Nevada Supreme Court denied workers' compensation benefits to a nonsmoker who worked for 2!l year:; as a ;:It bess at a casino that allegedlY' encouraged smoking by providing customers with free cigarettes and ashtrays. Such cases, typically involving plain- tiffs with cancer and heart or respiratory diseases, have been difficult to win be- cause there are so many factors other than second-hand tobacco smoke that can cause the illnesses. And, at least in the past, defendants could argue that the evidence on the dangers of secondary smoke, while mounting, wasn't conclusive. But the EPA report may clear some obstacles for nonsmoking plaintiffs, partic. ularly in worker's compensation cases in which nonsmoking employees with other- wise healthful lifestyles have been exposed to cigarette smoke for many years. "Now e THE WALL STREET JOURNAL THURSDAY, JANUARY 7,1993 the employer is clearly on notice that secondary smoke is a hazardous con- dition that doesn't belong In the work- place," says Deborah Katz. In fact, employees with smOking-re- lated illnesses may be able to use the EPA's report as evidence even if their Illnesses started before the report was re- leased. Under most state workers' com- pensation laws, employees don't have to show the company was negligent in order to win their claims. If a worker can show that secondary smoke caused his ail- ment, he may prevail even If the employer can prove it didn't know secondhand smoke was harmful. The report may buttress nonsmokers' lawsuits against the tobacco industry. as well. Although smokers have been re- buffed repeatedly in lawsuits seeking dam- ages from cigarette manufacturers, cases by nonsmokers with tobacco-related ill- nesses eliminate some obstacles for plain- tiffs' lawyers. Most significantly, in many, instances nonsmokers will be able to prove that they were exposed to cigarette smoke against their wills. . In one pending nonsmoker case, a barber, Burl Butler of Laurel, Miss., has sued about a dozen tobacco com-. panies, alleging that he developed lung cancer because of many years' exposure to his customers' cigarette smoke. "I think the EPA report is definitely going to have a major Impact upon our lawsuit" because the companies will find it harder to argue that the evidence on passive smoking is Inconclusive, says Mr. Butler's lawyer, Roe Frazer. The tobacco industry, however, continues to maintain that there's no statistically significant link between passive smoke and lung cancer. With evidence mounting about the dan- gers of secondhand smoke, however, to- baCco-llligation specialists say juries may be receptive to a variety of more unusual claims. A Pennsylvania woman, Diana Andromalos.Dale, for example, is suing an Allegheny County, Pa., restaurant for assault and battery, alleging that she had a severe asthmatic attack after the restau- rant placed her around smokers, despite her request to be seated in a nonsmoking area. . And the U.S. Supreme Court will hear arguments next week about whether an- other unusual passive-smoking case should go to trial. In that case, a Nevada state prisoner, a nonsmoker, alleges that the prison violated his constitutional rights by housing him with a heavy smoker and by putting him in an area with no restric- tions on smoking. The prisoner claims his exposure to the smoke is "cruel and un- usual punishment." Attachment 0 e e old in heritage · new in ideas + U to Chamber of Commerce RECEIVED NQV 1 G 1993 CITY o~ DUBLIN November 10, 1993 Mayor Peter Snyder City of Dublin 100 Civic Plaza P_ O. Box 2340 Dublin, California 94568 Dear Mayor Snyder: The Dublin Chamber of Commerce Board of Directors at it's Annual Planning Conference reviewed the proposed smoking ordinance now under consideration by the City Council. The Chamber of Commerce represents a wide-range of businesses including but not limited to hotels, restaurants, retailers, bars, automotive, recreational and office buildings. The Board of Directors feel the smoking ordinance should be written to take into consideration the entire population of Dublin and therefore cannot support the proposed ordinance as presently written and being considered By the DuBlin City Council. The Dublin Chamber of Commerce recommends the City Council work with the business community in developing a smoking ordinance workable for all businesses. Si~cerelY ~~rs, sz) ~ -' III hJC"v /-..J SERGPO MEZA, President Board of Directors SM:nf cc: City Councilmembers: Guy Houston Paul t10ffatt Beth Howard Dave Burton Attachment E 7080 Donlon Way, Suite 110 · Dublin, California 94568 · (510) 828-6200 · FAX (510) 828-4247 ,,;, . . NOV 16 '93 09: 50 EARL .AI'JTHONY BOWLING INC. :,; "13A~L ANTli~BOWLING', JN~l G7~l', :ll,c1dlonoJ,:Street': ;!' : i i . DubUn, ,CA9456S . i . ' ',' . : I '(510):S2~.0317'" . . ,i .j : . i , r.J. . . :'. , I 1fT NaV.ember 8, 1993 , , I , .; .i ! ~ , ; , ' ,Mr., Pete Snyder,' Mayor City of Dublin' , lOO--Civic Plaza Dublin. Cal:1fornia 94568 ! Dear. Pete: i : j , Please. acce'pt this le.tter as a fol ow up to the letter I 'sent t~ you dated Augu'st 31, 199,3. regarding the smoking ordinance being addresseq for the City of Dublin. . , i i .;,. ' At this time, I would 1 ike: to make: you and the City Counc:ll mem~ers aware of additional faC,ts I wou,ld like you 'to consider before you make a final deci:s1on on the new smoking ordinance. ! 1. 'Ida not! feel the City Council should decide the fate pf my business. In our conununity, ordinances should be written to apease the entire populat~on of: Dublin, non-smokers and smokers alike, that would not take. away their 'freedom or rites in certain public places. , 2. '1 do agr~e that wherevef 1oo~ :i~ se~ved on the premises, smOking should not be al1uwed ': in those areas of cons'umpt ion. '. ' . , 3.:The ,City of Dublin shoul:d' al16w'bars the opportunity to cater to smokers and non..smokers..': Bars serving food should be for' non-smokers and bars not serving food could be for smokers, so that the: customer would :have a: ~hoice, and not invade each others privacy, plUS they could chaos. the ,atmosphere they ~.sire. ., 4. Bars ser~ice adults 21 years o'fiage or older and these adults should have the fre~dom of choi,ce a$ to where they socialize with their friends. They could choose a non..smoking . or' smo~tng liar because both w.ould: be available. : ' '5. In, buildings that have smoking: areas, namely bars, they would modify their establishments: : with sl1iokee~ters and proper,exhau$t ventilation to handJe.their:customers and employees . 'wi th regards to second hand, smoke!. " . I : 6. Earl Anthony's Dublin Bowl is a '40,000 square foot building, :and we cater to over 3500 . customers each week. Our bar/1oun~e is approximately 2,000 square feet or 5% of our total bui'lding. This is the area I would like to have as the only smoking area in our building. This is: the :area where we do not .serve food. The remainder of our buildingt '38.000 square 'feet would be ~on-smoking. ':. -continued.. Attachment F " 'E~~~3;;;;~;B;~;.LlNG. I~. 6750 neldional Street , Dublin, CA 94568 (510) 829-0311 tI-- -2- 7. Earl Anthony's Dublin Bowl would be a non-smoking building for chiidren, fami1ies and employees to enjoy a healthy environment with adults (21 years of'age) able to enjoy cocktails served to them on our large concourse area. Our bar/lounge would be designated a smoking area for our customers who could continue bowling in our establishment and for those who smoke. they could do so in our bar/lounge. so they could continue to bowl with their friends in league competition. "l would like my bar to be a smoking areatl. 8. As a member of the Board oT Directors of the Dublin' Chamber of Commerce. we discussed the proposed smoking ordinance as it is written at quite length during our board retreat, and we cannot support the smoking ordinance as written. We represent many businesses in the community. and they are concerned about the smoking rites of theircus~Qmers and . employees. We want you to re..cons1'der the ordinance, please keep ,an open ~lnd. when declding the future of the business commun1ity in the City of Dublin. : .. I In closing, many thanks for your considerations, and I hope you will consider modifying the smoking ordinance based on the facts' 1 have just presented to you. Si nc~rely. E~~Y BOWLING, INC. Ted Hoffman Jr. . Proprietor/Director of Operations TEH/mh cc: ,Mr. Dave Burton Mr. Guy Houston Ms. Beth Howard Mr. Paul Moffatt Mayor Mike Shimansky. Oanville "E NOV 16 '93 09:52 EARL4It-HONY BOWLING INC. ,.~ ,,~ARL ANTHONY BOWLING, INC. . . ...:__..~_.......__.:..........~~...I.- .,__"~_..'.. . ... n_ ....__"'_~.. _",____.. _n. . e P ? .'-J 1 of 2 .' 6750 Regional Street Dublin, CA 94568 (415) 829.0317 ~~ - 8/31/93 Pete Snyder, Mayor 100 Civic Plaza Dublin, Ca. 94568 Dear Pete: My reason for writing you at this time, is regarding the Smoking Ordinance we have in Dublin. Recently other cities Mve changed their Smoking ordinances by banning smoking in all public buildings, except Bars (in some cites). Earl AnthOny1s Dublin Bowl 1s the only Bowling Center in Du~lin. We have Electron Generators (smoke eaters) which purifies the air, and have recently installed ceiling fans in bowlers area to circulate the air. ~.Je have had no complaints from our customers to my knO'W'ledge, some smoke and some don't. I would like you and the members of the Dublin City Council to be aware of a few facts about the $port o! Bowling, compared to other buildings such as restaurants or movie theaters; : A. Bowling in a league takes approximately 3 hours per night. A movie occupies 90 minutes to 2 hours of 'Your time" and having dinner in a restaurant takes from 1 hour to 90 minutes, and you could catch a quick smoke in between the courses being served at dinner. B. Most bowling leagues are mixed leagues - men apd women bowl together on the same team, and they do socialize, drink and eat during those 3 hours. There is NO TINE for any team. member to go outside the building and have a smoke because he would "sloW up play" for the next league coming in, and when it I s your t\lrT1 to bowl, you must be there, per league rules. c. The majority of our mixed league bowlers are couples, and the teams are made up of smokers and non-smokers. '!hey have been living with our current policy, and to ban smoking entirely would cause hardship and break'up friendships that have.been going on for 10 - 15 years. r would like to propose ,a workable solution, and keep all of my customers happy. We have a Bar/Lounge that is currently a SMOKING AREA. I would like to keep this area the "ONLY SMOKING AREA" ,in our building . available to our smoking customers so that they could grab a smoke and not leave the building during competition. We can add additional Electron Generators and exhaust fans to keep the air as clean as possible for our Bar customers and league bowlers. ". . '. E NOV 16 '93 09:53 EAR~_HONY BOWLING INC. I ~'- ~ARL ANTHOrw HOWLING, NC. e P.4 2 of 2 ~ 6750 Regional Street Dublin, CA 94568 (415) 829-0317 ~~ Again, 'We. are the only Bowling Center in Dublin, we have a unique problem with our league bowlers and teams. By having this designated Smoking Area we will be able to keep our leagues in tact and continue to have a social a~tivity for the bowlers who have been with us for many years. Please give this matter same thought, I will be happy to meet with you and the City Council to discuss this important issue and I do hope you will look favorably on my unique situation. Thank you for all your considerations. Sincereiy yours, ~~7' 'Xed Hoffman, Jr. Co-Proprietor