HomeMy WebLinkAbout8.1 OpposeProp188
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 24, 1994
SUBJECT: Opposition to Proposition 188
1!j (Prepared by: Bo Barker, Management Assistant)
EXHIBITS ATTACHED: / Resolution Opposing Proposition 188
RECOMMENDATIO~liberate and Direct Staff appropriately
FINANCIAL STATEMENT: None
DESCRIPTION: California voters will decide the fate of Proposition 188 in the upcoming
November election. Proposition 188 is the tobacco industry initiative that creates a weak
Statewide smoking law. If passed, Proposition 188 would take the place of any local ordinance
and permanently prevent cities from adopting local ordinances. Councilmember Moffatt
proposed that this item be brought before the City Council to determine the City's position on
the Proposition.
Since Proposition 188 would take the place of local ordinances the City's Smoking Ordinance
would change. These changes affect every major area of the City's current ordinance. A
comparison of Dublin's Ordinance to Proposition 188 is shown below:
Impacted Area Dublin's Ordinance Proposition 188
Workplaces Prohibits Smoking in all workplaces Smoking allowed in:
1. Private Offices
2. Conference rooms with consent of
everyone present
3. Employee Cafeterias confined to
25% of seating capacity
4. Designated smoking lounges
5. In company cars with the consent
of all present
Restaurants Prohibits Smoking Allows smoking in designated areas up
to 25% of the seatinp; capacity
Bars Allows smokin~ if separately ventilated Allows Smokin~
Public Places Prohibits Smoking Allows smoking in:
1. Hotel and Motel Rooms
2. Hotel and Motel Conference
Rooms
3. Up to 25% of the concourse areas
of bowling center or hotel lobby
areas
4. Gamin~ clubs
Vending Machines Prohibited Allowed if equipped with an electronic
switch that would be activated by a
retailer prior to each purchase
Enforcement City Manager's Office State's Job Safety and Health
Enforcement A~ncy
The American Lung Association, the American Cancer Society and the League of California
Cities are opposed to Proposition 188. Staff recommends the City Council review the material
and direct Staff appropriately.
COPIES TO:
E-F
CITY CLERK
FILE ~
ITEMNO.S.J
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RESOLUTION NO. - 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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OPPOSING PROPOSITION 188
"CALIFORNIA UNIFORM TOBACCO CONTROL ACT"
WHEREAS, tobacco use is responsible for the death of over 400,000 people every year
and is the number one cause of death in the United States; and
WHEREAS, Environmental Tobacco Smoke (ETS), or second hand smoke, has been
categorized as a cancer causing substance by the Environmental Protection Agency with
exposure to ETS killing an estimated 40,000 persons every year; and
WHEREAS, the City of Dublin passed a smoking control ordinance in 1993 which bans
smoking in restaurants and workplaces in order to protect people against exposure to ETS; and
WHEREAS, Proposition 188, mistitled the "California Uniform Tobacco Control Act"
would repeal the local smoking control ordinance passed in the City of Dublin and replace it
with a state wide law which could permit smoking in every restaurant and workplace in the
State; and
WHEREAS, over 60% of the population of California lives in cities and counties which
have tougher tobacco controls than contained in Proposition 188, and would suffer reduced
protection from EIS if Proposition 188 passes; and
WHEREAS, Proposition 188 is being sponsored by Philip Morris, the largest cigarette
manufacturing company in the world; and
WHEREAS, the ventilation standards proposed in Proposition 188 for application to
indoor smoking will remove the odor of smoke from the air, but not the cancer causing
substances which pose a threat to public health.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin will
take immediate steps to inform the residents of the negative impact of Proposition 188 on the
community.
PASSED, APPROVED AND AOOPTED this 24th day of October, 1994.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk