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HomeMy WebLinkAbout22- City Administrator CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Shauna Clark, City Administrator Subject: Ordinance setting forth regulations relative to Dept: City Administrator smoking. Date: January 11, 1995 Synopsis of Previous Council action: 06/08/94 -- Ordinance No. MC-905 amending Chapter 8 . 72 of the San Bernardino Municipal Code relating to smoking, was adopted. Recommended motion: That further reading of the ordinance be waived and it be laid over for final adoption. Signature Contact person: Shauna Clark Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Council Notes: 75-02e2 Agenda Item No. �� _ CITY OF SAN BERN. MINO - REQUEST F�R COUNCIL ACTION STAFF REPORT On January 10, 1995, representatives from Police, Fire, Planning and Building Departments, City Clerk, City Attorney and City Administrator' s Offices, met to discuss enforcement of no- smoking provisions of the existing city ordinance and state law which came into effect January 1, 1995. After discussion on the most effective enforcement of no-smoking regulations, we are recommending that the Mayor and Common Council consider repealing the city no-smoking ordinances, even though there is a trade off- -city ordinances are more restrictive than state law. (See Attachment) Enforcement of the state law, AB 13 , in lieu of local ordinances, would result in more consistency. For example, chain restaurants or those which are franchised, would be better able to coordinate self-enforcement efforts if laws are constant for each outlet. Choosing AB 13 would also give the Mayor and Council the authority to designate the County Health Department as the enforcement arm. Prosecutions would be handled by the District Attorney' s Office rather than the City Attorney. A county-wide enforcement effort would help businesses within the county remain on a level playing field. Althc•-,gh substituting AB 13 in place of city ordinances would result in liberalizing our regulations, a better enforcement effort would be gained. If you concur, move to waive first reading and lay over for final passage. SMOKING RESTRICTION COMPARISON AB ,13 MC-905 Enclosed place smoking prohibited smoking prohibited of employment Post signs required required Ask smokers to required (but not unlawful to allow stop involving risk smokers to smoke risk of injury) Hotel/Motel rooms smoking allowed smoking allowed in up in 65% of rooms to 35% of rooms Hotel/Motel lobbies smoking may be smoking prohibited and public areas allowed up to 25% of the lobby (or if lobby is 2000 sq. ft or less, up to 50%) Meeting and banquet smoking allowed smoking prohibited rooms except during food or beverage functions and during exhibits ( if smoking is not allowed it may be allowed in corridors) Tobacco shops smoking allowed smoking allowed Truck cabs smoking allowed not mentioned if no non-smoking employees are present Warehouse facilities smoking allowed smoking prohibited Gaming clubs smoking allowed smoking prohibited Bingo facility smoking allowed smoking prohibited Bars or Taverns smoking allowed smoking allowed Theatrical smoking allowed if smoking prohibited production sites an integral part if enclosed of the story Medical research smoking allowed if smoking prohibited or treatment sites integral to the 1 research and treatment being conducted Private residence smoking allowed smoking allowed Private residences smoking prohibited smoking prohibited used as family day during the hours of when children are care homes operation and in present the areas where children are present Long term health smoking permitted smoking prohibited care facilities in patient smoking areas Employee breakrooms Smoking permitted smoking prohibited if outside air vent, if employees need not enter, and if sufficient non- smoking breakrooms for non-smokers Employers with 5 smoking permitted smoking prohibited or fewer employees if minors not allowed, if smoking is not in the work area, all employees consent, outside vent Enclosed City smoking prohibited smoking prohibited facilities if enclosed place of employment Elevators and smoking prohibited smoking prohibited restrooms Buses, taxicabs, smoking probably smoking prohibited etc. allowed Service lines smoking prohibited smoking prohibited within enclosed in enclosed bldgs place of employment Retail stores smoking prohibited smoking prohibited Retail food stores smoking prohibited smoking prohibited Public areas of smoking prohibited smoking prohibited businesses and nonprofit entities 2 Public areas of smoking prohibited smoking prohibited aquariums, libraries and museums Buildings used for smoking prohibited smoking prohibited motion pictures, if enclosed except when open stage, drama, to the sky lecture, musical recital, etc. Athletic smoking prohibited smoking prohibited recreation area if enclosed if enclosed Medical/dental smoking prohibited smoking prohibited waiting rooms, (but see long term hallways, wards, health care facilities ) and patient rooms Polling places Smoking probably smoking prohibited prohibited Restaurants Smoking prohibited smoking prohibited Cigarette vending not prohibited prohibited except machines in freestanding bars Non retaliation not mentioned specified Voluntary not mentioned specified prohibition 3