Section
6-8.01 Findings and purpose
6-8.02 Definitions
6-8.03 Prohibition of smoking in city-owned facilities
6-8.04 Regulation of smoking in enclosed and open places
6-8.05 Regulation of smoking in places of employment
6-8.06 Optional smoking areas
6-8.07 Posting requirements
6-8.08 Vending machines
6-8.09 Distribution of free samples and coupons; out-of-package sales
6-8.10 Enforcement; penalty
6-8.11 Tobacco-free youth ordinance
6-8.12 Sale and distribution of tobacco-related promotional items
6-8.13 Self-service displays
6-8.14 Restrictions on tobacco retailers
6-8.15 Enforcement of state law
6-8.16 Application procedure
6-8.17 Issuance and display of license
6-8.18 License Fee Transference
6-8.19 Suspension of license
6-8.20 Administrative fine
6-8.21 Enforcement tools cumulative
(A) The City Council finds that:
(1) The U. S. Environmental Protection Agency has determined that tobacco smoke is the major contributor of particulate indoor air pollution;
(2) Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard, in particular for elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;
(3) Health hazards induced by breathing sidestream or secondhand smoke include heart disease, lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm;
(4) 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 or may be forced to take periodic sick leave because of adverse reactions to same;
(5) The smoking of tobacco, or any other weed or plant, is a danger to health;
(6) The health care costs and lost productivity incurred by smoking-related disease and death represent a heavy and avoidable financial drain on our community; and
(7) The free distribution of cigarettes and other tobacco products is aimed at encouraging people to begin smoking and using tobacco products and tempts those who quit smoking to begin smoking again.
(B) Purpose. The compelling purpose and intent of this chapter includes, but is not limited to, promoting the health, safety, and welfare of all people in the community against the health hazards and harmful effects of the use of addictive tobacco products.
('66 Code, § 6-8.01) (Ord. 869-C-S, passed 9-23-93)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA OPEN TO THE PUBLIC. Any area available to and customarily used by the general public.
BAR. 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 (Department of Alcoholic Beverages Control Type 61, 42 or 48 licenses). That area of a restaurant which is devoted to the serving of alcoholic beverages and in which the service of food may be only incidental to the consumption of such beverages shall also be considered a bar. An area in which food service is only incidental shall not exceed 40% of a restaurant's total seating capacity, or shall encompass only those areas in which gross receipts of the restaurant from food do not exceed 40%. The operator of each restaurant shall designate by which method it determines its bar area.
BOWLERS' SETTEE. The area immediately behind the bowling line in which score is kept and seating is provided for bowlers waiting their turn to bowl.
BOWLING CENTER CONCOURSE. That area separated from the bowling lane, bowlers' settee and visitors' settee by at least one step or a physical barrier.
BOWLING LANE. The bowler’s approach, the foul line and the lanes.
CHARACTERIZING FLAVOR. A taste or aroma other than the taste or aroma of tobacco, imparted either prior to or during consumption of tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice, provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CIGAR. Any roll of tobacco, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing more than three pounds per thousand.
DISTRIBUTE. To give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
EMPLOYER. Any person, partnership, corporation, including municipal corporation or public entity, who employs the services of two or more persons or two or more people conduct business within the establishment.
ENCLOSED. Closed in by a roof and walls with appropriate openings for ingress and egress.
GENERAL PUBLIC. Shoppers, customer, patrons, patients, students, clients and other invitees of a commercial enterprise or nonprofit entity.
LITTLE CIGAR. Any roll of tobacco, with or without a filter, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing no more than three pounds per thousand. LITTLE CIGAR includes, but is not limited to, any tobacco product known or labeled as "small cigar" or "cigarillo."
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment unless it is used as a child care or health care facility.
SMOKING. The carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind including, but not limited to, tobacco, cannabis, or any other weed or plant. SMOKING shall also include the use, whether by vaping or other means, of an “electronic cigarette” or “e-cigarette” (such as an electronic and/or battery-operated device) the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC CIGARETTE or E-CIGARETTE also includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor.
SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling centers, halls, and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.
VENDING MACHINE. Any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin, paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.
VISITORS’ SETTEE. Seating provided immediately behind the bowlers’ settee.
(‘66 Code, § 6-8.02) (Ord. 869-C-S, passed 9-23-93; Am. Ord. 2196-C-S, passed 6-8-21; Am. Ord. 2207-C-S, passed 3-8-22)
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