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'CI..Q OF SAN BERNARDUO - REQUOT FOR COUNCIL AUON
From: Councilman Jack Reilly
Subject: Legislative Review Committee
Report
Dept: Council office
Date: October 12, 1987
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Synopsis of Previous Council action:
None
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Recommended motion:
1. That minutes of Legislative Review Committee meeting held
October 8, 1986 be received and filed.
2. That Committee recommended actions be approved and appropriate
departments implement these actions as necessary and as soon
as possible.
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Signa Iura
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Contect perlon: Phil Arvizo
Phone:
3B4-5188
Supporting deta attached: Yes
Ward:
N/A
FUNDING REOUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Note.:
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02.3.
Agenda Item No. -
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LEGISLATIVE REVIEW COMMITTEE
October 8, 1987
ATTENDEES: Councilman Jack Reilly - Chairman; Councilman
Michael Maudsley; Councilman Tom Minor; City Administrator -
Ray Schweitzer, Deputy City Administrator/Development - Jim
Richardson; City Attorney - James Penman, Deputy City Attor-
ney John Wilson; Fire Chief - Gerald Newcombe; Public
Services Manuel Moreno; Police Capt. M. Lewis; Council
Executive Assistant Phil Arvizo; Mayor's Executive
Assistant Richard Bennecke; Chamber of Commerce: Les
Dabritz, Larry Sharp, Hy Weitzman; Tobacco Institute - Ron
Saldana; American Lung Assn. - Pat Kudell; American Heart
Assn. - Elizabeth Buser; Public Health Dept. - Burton Wilcke;
Americans For Nonsmokers Rights - Walt Bilofsry; The Sun -
Pat McGreevey.
1. REVIEW OF SMOKING ORDINANCE - The Committee, on a 2-
1 vote (Minor-No) recommended the attached City Attorney
version of a smoking ordinance for forwarding and adoption by
the Council. Changes were made to pages 2 and 6. Councilman
Minor preferred the original submission of the No Smoking
Coalition.
2. GREENBELT STUDY Item continued for 30 days to
November 12 meeting. Coordination between Planning, Building
and Safety, Fire, Public Services and City Attorney are
required prior to resubmission to the Committee.
3. REVIEW OF ALARM/SPRINKLER ORDINANCE POR MULTI-FAMILY
Item continued for 60 days. The Committee referred the
recommended ordinance to the Pire and Building and Safety
Commissions for their perusal and input.
4. REPORT PROM CITY ADMINISTRATOR DESCRIBING POSSIBLE
ALTERNATIVES TO PUNCTIONS OP RISK MANAGEMENT DIVISION - Item
continued.
5. GENERAL VEHICLE USAGE REPORT - Item continued.
6. PROPOSED DEVELOPMENT PROCEDURE - Item continued.
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7. LEGAL OPINION ON CROSSING GUARDS - Item continued.
8. CLOSED SESSION PARTICIPATION POLICIES - Item con-
tinued.
9. CITY'S DEMOLITION POLICY - Item continued.
Meeting adjourned.
JR:ej
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SAN BERNARDINO AREA CHAMBER OF COMMERCE
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RECOMMENDED SMOKING ORDINANCE
An Ordinance of the City Council of the City of San Bernardino
Regulating Smoking in Public Places and Places of Employment.
The City Council of the City of San Bernardino does ordain as
follows:
Section I. - Purpose and Findings
The City Council of the City of San Bernardino does hereby find
that:
(A) Numerous studies have found that tobacco smoke
is a major contributor to indoor air pollution;
(B) Reliable studies have shown that breathing
sidestream or secondhand smoke is a significant
health hazard, especially for certain population
groups, including elderly people, individuals
with cardiovascular disease, and individuals
with impaired respiratory function, including
asthmatics and those with obstructive airway
disease;
(C) Health hazards induced by breathing sidestream or
secondhand smoke include lung cancer, respiratory
infection, decreased exercise tolerance, decreased
respiratory function, bronchonstriction, and
bronochospasm;
(D) Nonsmokers with allergies, respiratory diseases
and those who suffer other ill effects of
breathing sidestream or secondhand smoke may
experience a loss of job productivity,
(E) The Surgeon General of the United States has
advised nonsmokers to avoid exposure
to tobacco smoke wherever possible, and,
(F) The smoking of tobacco, or any other weed or
plant, is a proven danger to health.
Accordingly, the health, safety and general welfare of the
residents of, persons employed in, and persons who frequent
this City will be benefited by the regulation of smoking in
designated enclosed places.
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Section II - Definitions
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
(A) wBARw 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. The area devoted
to such use shall be as set forth in any
conditional use permit, variance or other
Planning Department or Building and Safety
Department document establishing such use
or determined for purposes of collection of
business taxes by the office of the City Clerk
(B) wBUSINESSw means any sole proprietorship, partner-
ship, jOint venture, corporation or other business
entity formed for profit-making purposes,
including retail establishments where goods or
services are sold as well as professional
corporations and other entities where legal,
medical, dental, engineering, architectural,
or other professional services are delivered.
(C) wDINING AREAw means any enclosed area containing
a counter or tables upon which meals are served.
(D) wEMPLOYEEw means any person who is employed by any
employer in consideration for direct or indirect
monetary wages or profit, any person who
volunteers his or her services for a non-profit
entity.
(E) wEMPLOYERw means any person, partnership,
corporation, or non-profit entity employing
three or more persons.
(F) wENCLOSED" means closed in by roof and four walls
with appropriate opening for ingress and egress.
(G) "NON-PROFIT ENTITY" means any corporation,
unincorporated association, or other entity
created for charitable, educational, political
social, or other similar purpose;,;, ~.r!<:: ~wl'
proceeds from the operations of t.'hicl', e'] (>
committed to the promotion of the objects or
purposes of the organization and not to private
financial gain. A public agency is not a
"non-profit entity" within the meaning of the
section.
(H) "PLACE OF EMPLOYMENT" means any enclosed area
under the control of a public or private employer
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which employees occupy with normal frequency
during the course of employment, including but not
limited to, work areas, employee lounges, and
restrooms, conference and class rooms, cafeterias,
and hallways, except that a private residence is
not a place of employment, unless it is used
as a child care or a health care facility.
(I) "PUBLIC PLACE" means any enclosed area to which
the public is permitted, including, but not
limited to: banks, educational facilities,
health faCilities, public transportation
facilities, reception areas, restaurants,
retail food production and marketing establish-
ments, retail service establishments, retail
stores, theaters, and waiting rooms.
(J) wRESTAURANTw means any coffee shop, cafeteria,
tavern, sandwich stand, soda fountain, private
or public school cafeteria, and any other
eating establishment, organization, club,
boarding house, or guest house, which gives
or offers food for sale to the public, guests,
patrons, or employees, except that the term
"restaurantW shall not include a cocktail
lounge or tavern if said cocktail lounge or
tavern is a "bar" as defined herein.
(K) "RETAIL TOBACCO STORE" means a retail store
utilized primarily for the sale of tobacco
products and accessories.
(L) "SERVICE LINE" means 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.
(M) "SMOKING" means inhaling, exhaling, burning,
or carrying any lighted pipe, cigar, or
cigarette of any kind, or any co~ustible
substance.
(N) "SPORTS ARENA" means sports pavillions,
gymnasiums, health spas, boxing arena.,
swimming pools, roller and ice rink.,
bOWling alley. and other similar places
where members of the public asse~le to
engage in physical exercise, participate
in athletic competition, or witness
sports events.
(0) wWAITING ROOM SPACE" - Common area of any
office, restaurant, theatre or any other
facility where persons remain essentially
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inactive in p.xpectation of engagement
in the principal activity of the facility.
SECTION III - APPLICATION OF SMOKING IN CITY OWNED FACILITIES
All enclosed facilities owned by the City of San Bernardino
shall be subject to the provisions of this article.
(A) PLACES OF PUBLIC ASSEMBLY. Smoking is prohibited
in hearing rooms or places of public assembly
in which the business of the City of San
Bernardino, or an any of its Board or
Commissions, is conducted.
(B) PUBLIC LOBBIES, PUBLIC HALLWAYS. Smoking is
prohibited in waiting rooms, lobbies, and
pUblic hallways of every building under direct
or indirect control of the city; provided,
however, that this prohibition does not
prevent the establishment of separate areas
in a building in which cigarette smoking is
permitted.
SECTION IV - PROHIBITION OF SMOKING IN PUBLIC PLACES
(A) Smoking shall be prohibited except as
otherwise specifically set forth herein
in all enclosed public places, including,
but not limited to, the following places:
(1) Elevators and restrooms.
(2) Buses, taxicabs and other means of public
transit operated under the authority or
Franchise of the City of San Bernardino,
and ticket, boarding, and waiting
areas of public transit depots,
prOVided, however; that this prohibition
does not prevent the establishDent of
separate waiting areas for cigarette
smokers and non-smokers.
(3) Service lines.
(4) Retail stores, except areas in said
stores not open to the public and except 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, as restrooms and offices, and
areas thereof not open to the public, which
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may be otherwise regulated by this
ordinance.
(6) All areas available to and customarily
used by the public in all businesses and
non-profit entities patronized by the
public, including, but not limited to,
business offices, banks, hotels and
motels.
(7) Public areas of aquariums, libraries, and
museums when open to the public;
provided, however, that this prohibition
does not prevent the establishment of
separate areas in a building in which
cigarette smoking is permitted.
(8) 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 a part
of any such production, provided, however,
that this prohibition does not prevent
the establishment of separate areas in
the waiting room of such building
in which cigarette smoking may be permitted.
(9) Enclosed sports arenas, except in
designated smoking areas.
(10) Waiting rooms of doctors' off ;.""">'; 0'\11.1
dentists' offices, hallw!YE, \,,,,,',, _.!!,'
semi-private rooms of health facilities,
including, but not limited to, hospitals,
clinics, and physical therapy facilities.
In bed space areas of health facilities
used for two or more patients, smoking
shall be prohibited unless patients within
the room request to be placed in a room
where smoking is permitted.
(II) Polling places.
(8) Notwithstanding any other provision of this
section, any owner, operator, manager or
other person who controls any establishment
described in this section may declare the
entire establishment or any portion thereof
to be a non-smoking area.
SECTION V - SMOKING IN EATING ESTABLISHMENTS
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Smoking is prohibited and is unlawful within all enclosed
restaurants whose occupancy capacity is thirty (30) or more
persons, provided, however, that this prohibition shall not
apply to any such establishment maintaining a smoking policy,
notice of which is published on the exterior or within the
waiting area of such establishment and plainly visible to
oersoective patrons of such establishment. Such policy shall
simply set forth the fact that a nonsmoking section is
available and whether such seating is contiguous or non-
contiguous to other nonsmoking seating. This prohibition shall
not apply to any rooms which are being used for eating
establishment purposes for private functions. Any portion used
as a bar is excluded from the restrictions of this section.
SECTION VI - REGULATION OF SMOKING IN PLACES OF EMPLOYMENT
(1) Within 90 days of the effective date of this
ordinance, each employer shall adopt, imple-
ment, make known and maintain a
smoking policy stating where smoking is
permitted and where it is prohibited.
(2i The smoking policy shall be communicated
to all existing employees and
shall be provided to new employees at'the
time of their initial interview.
(3) Every employer shall have the right to designate
any place of employment or portion thereof, as
a non-smoking area.
SECTION V7.' - '.r.l:~;':" U'(;f J ~G IS NOT REGULATED
(A) Notwithstanding any other provisions of this
chapter to the contrary, the following areas
shall not be subject to the smoking restrictions
of the chapter.
1. Bars.
2. Hotel and motel rooms rented to guests.
3. Retail tobacco stores.
4. Restaurants, hotel and motel conference
or meeting rooms, public and private
assembly rooms while these places are
being used for private functions.
SECTION VIII - POSTING OF SMOKING AND NO SMOKING AREAS
(A) "No SmokingW signs with letters of not less than
one inch (lW) in height or the international "No
Smoking" symbol (consisting of a pictorial
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representation of a burning cigarette enclosed in
a red circle with a red bar across it), citing
this subsection shall be clearly, and
conspicuously posted in every building or other
place where smoking is controlled by this
ordinance by the owner, operator, 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 prohibited within the theater
or auditorium, and in the case of motion
picture theaters, such information shall be
shown upon the screen for at least five seconds
prior to showing of each feature motion picture.
SECTION IX - VIOLATIONS
(A) It is unlawful for any person to smoke in a
place where smoking is prohibited.
It is unlawful for any person who owns,. manages,
or otherwise controls the use of any premises
subject to the prohibition of this chapter to
fail to post signs as required by this chapter
or to knowingly permit a violation of this
ordinance, provided, however, that employees
are not required to designate their individual
work areas.
(B) Any person or business which violates sub-
section (A) or permits such violations, or any
other provision of this chapter, except as
otherwise provided herein shall be guilty
of an infraction, punishable as set forth
in San Bernardino Municipal Code Chapter
1.12(B).
SECTION X - ENFORCEMENT
(A) A violation of any of the provisions of this
chapter shall constitute a public nuisance and
may be abated by the City through
means of restraining order, preliminary or
permanent injunction or in any other manner
provided by law for the abatement of such
nuisance and the City may take action to recover
the cost of such nuisance abatement.
(B) Any owner, manager, operator or employer of
any establishment controlled by this ordinance
may inform persons violating this ordinance
of the appropriate provisions thereof.
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SECTION XI - NONRETALIATION
It is hereby declared to be a violation of public policy for a
person or employer to discharge, refuse to hire, or in any
manner retaliate against any employee or applicant for
e~ployment because such employee or applicant exercises any
ri..j',:.c ,~~.-'.>Jf.e ty this chapter.
SECTION XII - OTHER APPLICABLE LAWS
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable
law or regulation.
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