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HomeMy WebLinkAbout43- Council Office CITY OF SAN BERRDINO - REQUEST ; )R COUNCIL ACTION From: Councilman F.J . Curlin, M.D. Subject: Smoking Ordinance Amendment Second Ward Dept: Council Office Date: June 29 , 19 9 3 Synopsis of Previous Council action: Recommended motion: See attached Signa ure Contact person: Phil Arvizo Phone: 5208 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: _(Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. J_ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ------------------------------------------------------------------------------------------------ To set a Public Hearing to: 1 . Amend Chapter 8 . 72 , Section 050 "Smoking in restaurants" , subdivision "A" to read "Smoking is prohibited and unlawful within all enclosed restaurants" . 2 . Amend Subdivision "B" to read as follows : Restaurants with a seating capacity of more than 50 persons located in a dance club, excluding from that calculation of capacity any portion of such facility which is located outdoors and/or which is utilized as a bar, shall have a portion of the dining area designated as a non- smoking area. The non-smoking area required by this paragraph must be a contiguously maintained indoor area comprised of at least 500 of both the seating capacity and floor space of the area in which customers are being served. 3 . Add Section "C" - the prohibition set forth in paragraphs a and b above, shall not apply to any portion of a restaurant which is utilized as a bar, or to any rooms which are being used for private functions, but only while any such rooms are used for such private functions . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Over 25 years ago, research at the Sloan-Kettering Institute in New York City (Dr. Wynder Study) , demonstrated, by the use of smoking robots, the direct relationship between tobacco use and cancer. Since that time, a host of other disease conditions, including heart disease, emphysema, low birth weight in newborns, etc . , have been also related to tobacco abuse . The most dramatic revelations, however, have been the recent indictment of smoking abuse insofar as it affects non-smokers by their inhalation of exhaled and sidestream smoke . It is estimated that each year 430, 000 Americans die as a direct result of smoking. In addition, more importantly, it is estimated that 53 , 000 non smoking Americans die each year as a result of their exposure to sidestream and exhaled smoke in their homes and in the work place . Economic loss incurred by United States businesses, as a direct result of smoking, is a staggering 52 billion dollars a year. This ordinance modification is geared to protect the rights and health of the general public and is in harmony with parallel legislation, past and pending, in 541 localities and 46 States, including the City of Los Angeles (passed by the Los Angeles City Council June 23 , 1993) .