Sections:
8.80.010 Purposes.
8.80.020 Authority.
8.80.030 Definitions.
8.80.040 Smoking prohibitions-Public places.
8.80.050 Stores.
8.80.060 Banks.
8.80.070 Hotels/Motels.
8.80.080 Terminals.
8.80.090 Buses and taxis.
8.80.100 Theaters.
8.80.110 Recreational facilities.
8.80.120 Recreation halls.
8.80.130 Restaurants.
8.80.140 City buildings.
8.80.150 County Courthouse and other county buildings.
8.80.160 Places of exhibitions.
8.80.170 Hospitals.
8.80.180 Schools.
8.80.190 Day care facilities.
8.80.200 Smoking prohibitions, workplace.
8.80.210 Places where smoking permissible.
8.80.220 Exemption procedures.
8.80.230 Posting requirements.
8.80.240 Retaliation prohibited.
8.80.250 Violation-Smoking or posting.
8.80.260 Retaliation remedies.
8.80.270 Enforcement.
The city council finds as follows: The U.S. Environmental Protection Agency (EPA) has determined that tobacco smoke is a major source of indoor air pollution, and the Surgeon General's 1986 report on the health consequences of involuntary smoking concludes that exposure to tobacco smoke places healthy nonsmokers at increased risk for developing lung cancer. Other health hazards of involuntary smoking include respiratory infection, bronchoconstriction, and bronchospasm. While all members of the population are truly at increased risk due to exposure to sidestream tobacco smoke, it constitutes a special health hazard for children, the elderly and people with chronic lung disorders.
The Surgeon General labels smoking "the largest single preventable cause of death and disability for the U.S. population."
Employees subject to prolonged exposure to sidestream smoke in the workplace have been found in scientifically conducted studies to experience a loss of job productivity and some have been forced to take periodic sick leave because of reactions to secondhand smoke. Furthermore, studies have shown higher costs to the employer are associated with smoking in the workplace due to increases in absenteeism, accidents, costs of medical care, loss of productivity, and cleaning and maintenance requirements. A recent scientific study has reported that sidestream smoke from tobacco may cause a significant amount of cardiovascular disease in the United States and that the number of deaths from this cause may exceed the deaths caused by lung disease associated with sidestream smoke. Smoking in public places and workplaces is a major cause of fires and damage to merchandise and equipment as well as costly maintenance and repairs to furniture and fixtures.
The health care costs produced by smoking-related ailments and diseases constitute a heavy and avoidable financial drain on our community.
More than three-quarters of Sacramento residents are nonsmokers and the number of nonsmokers is steadily increasing. Opinion surveys show that a majority of both nonsmokers and smokers favor restrictions on smoking in public places and places of employment.
Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort of nonsmokers and constitutes a public nuisance in public places and workplaces. (Prior code § 37.01.001)
This chapter is enacted pursuant to the provisions of Section 25946 of the Health and Safety Code for the purpose of restricting and regulating smoking in public places and in places of work in order to reduce the hazards and nuisance which smoking causes to those who are involuntarily exposed. (Prior code § 37.01.002)
As used in this chapter, those terms identified in this section shall, unless the context indicates otherwise, be ascribed the meanings contained herein.
"Bar" means an area which is devoted to the serving of alcoholic beverages for consumption on the premises, in which the serving of food, if any, is incidental to the consumption of alcoholic drinks. The dining area of a restaurant utilized primarily for the serving and consumption of food shall not constitute a bar, even though alcoholic beverages may be served therein.
Commercial Enterprise-Nonprofit Entity-Person (Operators of Public Places).
1. "Commercial enterprise" means any business entity formed for profit-making purposes, including professional corporations and other entities under which legal, medical, dental, engineering, architectural or other professional services are delivered, and also any person charged with the responsibility of controlling conduct in behalf of the enterprise upon any premises regulated by this chapter.
2. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from operations of which are committed to promotion of the objects or purposes of the organization and not to private gain, together with any person charged with the responsibility of controlling conduct in behalf of the entity upon any premises regulated by the provisions of this chapter.
3. A public agency is not a "nonprofit entity" within the meaning of this section.
4. "Person" means any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind, except the city of Sacramento or any other public agency.
"Enclosed area" means all space between a floor and ceiling which is served by a common heating, ventilating and air conditioning system and is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping," or similar structures.
"Members of the general public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity; and excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to a commercial enterprise, nonprofit entity or the city of Sacramento.
"Office" means an area enclosed by walls containing a desk, table or similar furnishings for clerical, administrative or supervisory work, a complex of such enclosures and a building containing such enclosures, whether or not the building is utilized primarily for other purposes such as retailing, wholesaling or storage, or manufacturing, together with all hallways, stairways, elevators, escalators, restrooms, lobbies, waiting rooms, reception areas, entry areas, and conference rooms within or associated with the complex of such enclosures, including: (i) legal, medical, dental, engineering, accounting, counseling and other professional offices; (ii) insurance, real estate, ticket, collection agency, and other offices where business services are offered to or goods or services are offered to or may be ordered by or may be paid for by members of general public; and (iii) offices to which members of the general public are admitted in order to promote the objects or purposes of the non-profit entities.
"Restaurant" means any coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and other establishment where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises. The term does not include a cafeteria or lunchroom defined as a "workplace" by subsection (3) of the definition of "workplace" in this section, whether or not members of the general public incidentally frequent the facility.
"Smoking" means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant or ignited combustible substance in any manner or in any form.
"Tobacco store" means a place utilized primarily for the sale to members of the general public at retail of tobacco products or accessories, and in which the sale of other products is merely incidental.
"Workplace" means any enclosed area which is occupied by two or more employees of a commercial enterprise, nonprofit entity or the city of Sacramento including, but not limited to, places:
1. Utilized for: (i) the manufacturing, processing, assembly, maintenance or repair of any products, goods, equipment, tools, appliances, furnishings or other object; or (ii) the physical storage for purposes of wholesaling, future utilization for operational purposes, or future transfer preceding consumption or other utilization of any products, goods, merchandise, materials, supplies, equipment, tools, appliances or furnishings;
3. Utilized as a union hall, cafeteria, lounge, lunchroom, restroom, conference room, training room, lecture room or classroom primarily for the use or benefit of employees.
Notwithstanding the provisions of this definition, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a licensed day care facility for children. (Prior code § 37.01.003)
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