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Ordinance 1995-03ORDINANCE NO. 95 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 19.B. OF THE GILROY CITY CODE RELATING TO SMOKING POLLUTION CONTROL WHEREAS, the Legislature of the State of California has enacted Labor Code Section 6404.5, which became effective on January 1, 1995, pursuant to which smoking in enclosed places of employment is prohibited; and WHEREAS, pursuant to Labor Code Section 6404.5, local governments retain the right to adopt and implement stricter anti- smoking requirements than are imposed pursuant to Labor Code Section 6404.5; and WHEREAS, the City Council of the City of Gilroy desires to amend Chapter 19.B. of the Gilroy City Code to supplement the provisions of Labor Code Section 6404.5; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Chapter 19.B. of the Gilroy City Code is hereby amended to read as follows: Sec. 19B.1. Definitions. The following words and phrases, whenever used in this chapter, shall be construed as fol- lows: (a) Bar means any area or a room uti- lized primarily for the sale of intoxicating liquors for consumption by guests on the premises and in which the sale of food and the provision of entertainment is merely incident- al to the sale of intoxicating liquors. (b) Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit. (c) Employer means any person who em- ploys the services of an individual person. ORDINANCE NO. 95 -3 -1- (d) Open to the public means available for use by or accessible to the general public during the normal course of business conducted by either private or public entities. (e) Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private school cafeteria or eating establishment, and any other eating establish- ment, organization, club (including veterans club), boarding house, or guesthouse the primary function of which is to give, sell or offer for sale, food to the public, guests, patrons, or employees, except that the term "restaurant" shall not include a tavern or a cocktail lounge if said tavern or cocktail lounge is a "bar" as defined in subsection (a) of this section. (f) Smoke or smoking means and includes inhaling or exhaling upon, burning or carrying any lighted smoking equipment for tobacco, or any other plant or product used for the per- sonal habit commonly known as smoking. Sec. 19B.2. Smoking prohibited. Labor Code Section 6404.5 prohibits smoking in enclosed places of employment (as defined in that code section) in the State of California. In addition, pursuant to Labor Code Section 6404.5, local governments retain the right to adopt and implement stricter anti - smoking requirements than are imposed pursuant to Labor Code Section 6404.5, including the right to regulate and prohibit smoking in any area not defined as a place of employment or in which smoking is not regulated pursuant to Labor Code Section 6404.5. This chapter is intended to supplement the provisions of Labor Code Section 6404.5. All places within the City of Gilroy shall be subject to the provisions of Labor Code Section 6404.5, as such section may be amended or recodified from time to time. In addition, smoking is prohibited in all of the following places within the City of Gilroy: (a) Outdoor Eating Areas. Fifty percent of outdoor eating areas for all restaurants, which shall be reserved for nonsmokers. (b) Elevators. Elevators in buildings generally open to and used by the public, including elevators in apartment buildings, irrespective of the number of living units in such apartment buildings. (c) Hospitals and Health Care Facili- ties. Every public and private health care facility including, but not limited to, hospi- tals, clinics, and physicians and dentists offices, provided that smoking is permitted in patient smoking areas of long -term health care ORDINANCE NO. 95 -3 -2- 0 0 facilities, as defined in Section 1418 of the Health and Safety Code. (d) Places of Public Assembly. Hearing rooms or places of public assembly owned by the City of Gilroy or in which the business of the City of Gilroy, or any of its boards or commissions, is conducted. (e) Public Lobbies, Public Hallways. Waiting rooms, lobbies and public hallways of every building under direct or indirect con- trol of the City of Gilroy. (f) Museums, Libraries; Galleries. All museums, libraries and galleries. (g) Designated Nonsmoking Areas. Any area of any business, governmental or charita- ble establishment which has been designated by the owner or person in charge of such estab- lishment as a nonsmoking area and marked with a nonsmoking sign or signs. Exceptions set forth later in this chapter shall not apply to this subsection. (h) Public Restrooms. Public restrooms. Sec. 198.3. Smoking regulated: Places of employment. Within ninety (90) days after the effective date of this chapter, each employer shall adopt, implement, make known and maintain a written smoking policy consistent with all of the provisions of this chapter and with the provisions of Labor Code Section 6404.5. (a) In any dispute arising under the smoking policy, the rights of the nonsmoker shall be given precedence. (b) The smoking policy shall be communi- cated to all employees within three (3) weeks after its adoption, and at least yearly there- after. (c) All employers shall supply a written copy of the smoking policy to any prospective employee who so requests. Employers shall also furnish all signs required to implement the smoking policy for their business. Sec. 19B.4. Posting of signs. Posting of signs shall be the responsibility of the owner, operator, manager or other person having control of any place where smoking is prohibited by this chapter. "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed ORDINANCE NO. 95 -3 -3- 0 0 in a red circle with a red bar across it) shall be clearly, sufficiently and conspicu- ously posted in every room, building or other place where smoking is regulated by this chapter, including, but not limited to, all entrances, all restrooms and all elevators. Signs of equivalent size and character reading "Smoking Permitted" may be posted where legal- ly applicable. Alternative means of notifica- tion (individual place cards, etc.) may be employed, provided they are equivalent to the aforementioned signs in their effect. All other signs required by this chapter shall be posted within ninety (90) days after the effective date of this chapter. Sec. 19B.5. Enforcement and penalties. (a) Enforcement of this chapter and Labor Code Section 6404.5 shall be carried out by the City Administrator of the City of Gilroy, or his /her designee. During business license renewal, the Finance Department of the City of Gilroy shall require from any estab- lishment which comes under the provisions of this chapter or Labor Code Section 6404.5 a "self- certification" from the owner, manager, operator, or other person having control of such establishment, that all requirements of this chapter and Labor Cede Section 6404.5 have been complied with in such form required by the City from time to time. Any owner, manager, operator, or other person having control of such establishment shall respond to the City's request for certification within sixty (60) days after said request. Failure to self- certify shall be grounds to deny said business license, and initiate proceedings for violation of this chapter. Any owner, manag- er, operator, or employee of any establishment shall have the right to inform persons violat- ing this chapter of the appropriate provisions thereof. (b) Any person violating any of the provisions of this chapter shall be guilty of an infraction punishable according to City and State Codes. ORDINANCE NO. 95 -3 -4- This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: this 3rd day of January, 1995 by the Kloecker, Gilroy, Morales, Rogers, Rowlison, Valdez, Gage None None APPROVED: 46�1j- qv-�e Donald F. Gage, YAWyor A< TTES Susanne E. Steinmetz, City Terk ORDINANCE NO. 95 -3 -5- . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 95 -3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of January 19 95, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of January 19 95 City Clerk of the City of Gilroy (Seal)