Napa County Municipal Code Ch. 8.08 Clean Indoor Air and Health Protection

A. The U.S. Environmental Protection Agency has classified environmental tobacco smoke (ETS) as one of only twelve Class-A carcinogens, a substance known to cause cancer in humans for which there is no safe level of exposure. Other Class-A carcinogens include benzene, radon and asbestos;

B. Numerous scientific studies have found that ETS is a major contributor to indoor air pollution;

C. Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned, assessed and accepted by the U.S. Environmental Protection Agency, have shown that breathing ETS is a significant health hazard to nonsmokers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;

D. Reliable scientific studies have shown that ETS is the third leading cause of preventable disease and death in the U.S., behind only active smoking and alcohol;

E. Within minutes short term exposure to ETS may cause the human body to experience over-contraction of the heart, thickening of the blood and arteries, increased chance of heart attack or stroke, depression of the immune system, and cell mutations from the mutagens and carcinogens in tobacco smoke;

F. Health hazards induced by exposure to ETS include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from ETS is heart disease;

G. Reliable scientific studies assessed and accepted by the U.S. Environmental Protection Agency have found that ETS causes between two thousand three hundred and three thousand three hundred lung cancer deaths annually and is a leading cause of premature death and disability among non-smokers;

H. Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that exposure to ETS is responsible for thirty-seven thousand heart disease deaths and another twelve thousand three hundred deaths due to cervical cancer and other cancers each year;

I. Reliable scientific studies have found that the cancer mortality from ETS alone exceeds the combined mortality from all regulated environmental carcinogens, and while ETS is the number one cause of environmental cancer, it is essentially unregulated;

J. Non-smokers with allergies, respiratory diseases and those who suffer other ill effects of breathing ETS may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same;

K. The U.S. Environmental Protection Agency estimates that exposure to ETS in the workplace is about four times the typical household exposure;

L. Persons, particularly employees, have a right to a smoke-free environment if they desire;

M. Reliable scientific studies assessed and accepted by the U.S. Environmental Protection Agency have found the following:

1. Environmental tobacco smoke (ETS) is responsible for between one hundred fifty thousand and three hundred thousand serious respiratory ailments, such as pneumonia, bronchitis, and other respiratory illnesses, each year in young children, especially infants;

2. Between seven thousand five hundred and fifteen thousand cases of respiratory ailments caused by ETS are serious enough for the child to be hospitalized;

3. Exposure to ETS causes or exacerbates asthmatic symptoms in many of the country's two to six million asthmatic children;

4. Exposure to ETS causes between eight thousand and twenty-five thousand additional asthma cases a year among young children;

5. ETS causes increased frequency of cough and wheezing in children;

6. ETS causes reduced lung function and lung growth in children; and

7. ETS causes increased rates of chronic ear infections in children;

N. A reliable scientific study on ETS exposure in restaurants conducted by the University of California, Berkeley and the University of California, San Francisco Preventive Medicine Residency Program found that:

1. Restaurant ETS exposure is about three to five times higher than typical workplace exposure;

2. Restaurant employees' ETS exposure is about eight to twenty times higher than ETS exposure in the home;

3. The most heavily exposed restaurant workers inhale the benzo(a)pyrene equivalent of actively smoking one and one-half to two packs of cigarettes per day;

4. ETS in restaurant air causes gene mutation at a rate of ten to one hundred times higher than previously measured urban outdoor and indoor air;

5. The mutagenic potency of ETS in restaurant air is five to ten times that of "high risk" industrial workplace air;

6. Heavily ETS-exposed restaurant workers have levels of carcinogens in their blood two to three times higher than persons with typical ETS exposure, and have higher levels of mutagenicity in their urine; and

7. Restaurant employees are, therefore, the occupational group most heavily exposed to ETS and most likely to suffer adverse health effects due to ETS exposure;

O. In examining the health effects of ETS exposure in restaurants, the study referenced in subparagraph N above found that:

1. In California, waitresses have the highest mortality of any female occupational group and compared to all other women, they have almost four times the expected lung cancer mortality rate and two and one-half times the expected heart disease mortality rate;

2. Preliminary evidence which suggests that waiters and waitresses have about a fifty percent to ninety percent increased risk of lung cancer that is most likely attributable to restaurant ETS exposure thus, their exposure to ETS at work makes restaurant workers one and one-half to two times as likely to die from lung cancer as they would otherwise be; and

3. Although not studied, the morbidity and mortality of restaurant workers from heart disease attributable to restaurant ETS exposure is expected to be even more significant than for lung cancer;

P. A reliable scientific study conducted by the School of Medicine at the University of California, San Francisco on the effects of local ordinances requiring one hundred percent smoke-free restaurants, which used sales tax revenue data from the California State Board of Equalization, found that such ordinances:

1. Had no significant effect on total restaurant sales in any community;

2. Resulted in a small but statistically significant increase of thirteen percent to fourteen percent in total retail sales that went to restaurants;

3. Had no significant effect on the ratio of restaurant sales in communities with such an ordinance compared with restaurant sales in matched control communities which had no such ordinance; and

4. Had similar effects on all categories of restaurants, defined by the kind of alcoholic beverages (if any) served;

Q. The study referenced in subparagraph P above found no evidence to support the common claim, first made in Beverly Hills, that one hundred percent smoke-free restaurant ordinances reduce business by thirty percent. The overall conclusion based on the data analyzed in the study is that one hundred percent smoke-free restaurant ordinances do not adversely affect restaurant sales within a community or lead to a shift in patronage to restaurants in communities with no such ordinances. If anything, one hundred percent smoke-free restaurant ordinances make restaurants more competitive for retaining sales dollars;

R. Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses;

S. Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.;

T. The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent;

U. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.;

V. The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin;

W. Recent scientific studies published in the Journal of the American Medical Association found that tobacco companies target children and teens with cigarette advertising and promotion, and that this advertising and promotion encourages young people to smoke cigarettes; and

X. The American Medical Association, former U.S. Surgeon Generals C. Everett Koop, Antonio Nevello, and former Secretary of the U.S. Department of Health and Human Services Dr. Louis Sullivan have publicly denounced the tobacco industry for targeting children and teens in its advertising and promotions and have called for local, state and federal action to prevent the tobacco industry from targeting youth.

Y. Accordingly, the Napa County Board of Supervisors finds and declares that the purposes of this chapter are:

1. To protect public health, safety and general welfare; and

2. To guarantee the right of nonsmokers, especially children, to breathe tobacco smoke-free air, and to recognize that the need to breathe tobacco smoke-free air has priority over the desire to smoke;

3. To reduce addiction to tobacco products, especially by children and teenagers.

Z. The Napa County board of supervisors further finds it is within its basic police power to implement and enforce the provisions of this chapter.

(Ord. 1104 § 4, 1996; Ord. 1063 § 2 (part), 1994: prior code § 5150)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. Bar shall include wine lounges and tasting rooms. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. A "bar" for the purpose of this definition does not include any bar where smoke can filter into a restaurant through a passageway, ventilation system, or any other means.

"Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

"Electronic smoking device" means an electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, electronic vape, vaporizer or any other product name or descriptor.

"Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.

"Employer" means any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons.

"Enclosed" means surrounded by a ceiling, floor, and solid walls which, except for doors, passageways and/or windows, extend from floor to ceiling on all sides. If an enclosed area is divided by internal partial walls or other "office landscaping," it is still, in its entirety, enclosed.

"Non-profit 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 the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "non-profit entity" within the meaning of this section.

"Place of employment" means 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 and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care or health care facility.

"Public place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, shoppingmalls, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters and waiting rooms. A private residence is not a "public place."

"Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated semi-enclosed eating area, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in this section.

"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

"Self-service merchandising" means open display of tobacco products and point-of-sale tobacco-related promotional products to which the public has access without the intervention of an employee.

"Semi-enclosed" means any area covered by a solid (non permeable) roof of any type including, but not limited to, open sided tents and kiosks.

"Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

"Smoke" means any vapors, gases, particles or other by-products released as a result of combustion, electrical ignition, or vaporization when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting, igniting or vaporizing material both contains no tobacco, nicotine, or other pharmacologically active substance where the usual purpose of inhalation is solely olfactory such as with the burning of incense. Smoke does not include combustion, electrical ignition, or vaporization of substances regulated by the U.S. Food and Drug Administration and used for medical or therapeutic purposes.

Smoke includes but is not limited to gases, particles, vapors or other by-products released by electronic smoking devices, electronic cigarettes, tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any other type of cigarette, pipe or other implement for the purpose of inhalation of vapors, gases, particles or other by-products released as a result of combustion or ignition.

"Smoking" means engaging in an act that generates smoke, including, but not limited to, possessing a lighted pipe, operating an electronic smoking device or electronic cigarette, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.

"Sports arena" means enclosed or semi-enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other structures where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

"Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco which can be used for smoking, chewing, inhalation or other means of ingestion; and any electronic cigarette or other electronic smoking device used to generate smoke; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product regulated by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

"Tobacco-related promotional product" means baseball caps, tee-shirts, gym bags, coffee mugs, lighters, sunglasses, jackets, and related items which have tobacco product advertising logos, images, characters, messages and themes printed on them.

"Tobacco retailer" means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

"Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.

"Vendor-assisted" means only a store employee has access to the tobacco product and tobacco-related promotional product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

(Ord. 1063 § 2 (part), 1994: prior code § 5151)

(Ord. No. 1407, § 1, 1-12-2016)

All county-owned vehicles, including jitneys and buses and other means of public transit under the authority of the county, and all enclosed facilities owned and controlled by the county, including jails, and any board, council, commission and agency of the county shall be subject to the provisions of this chapter.

(Ord. 1063 § 2 (part), 1994: prior code § 5152)

A. Except as otherwise provided, smoking shall be prohibited in all enclosed and semi-enclosed public places within the county of Napa, including but not limited to the following places:

1. Elevators;

2. Buses, taxicabs, and other means of public transit under the authority of the county of Napa and ticket, boarding, and waiting areas of public transit depots;

3. Restrooms;

4. Service lines;

5. Retail stores;

6. All areas available to and customarily used by the general public in all business and non-profit entities patronized by the public, including but not limited to, attorney's offices and other offices, banks, laundromats, malls, hotels and motels;

7. Restaurants;

8. Public areas of aquariums, galleries, libraries and museums when open to the public;

9. Any facility which is primarily used for exhibiting motion pictures, stage productions, lectures, musical recitals or other similar performances, except when smoking is part of such production;

10. Sports arenas and convention halls;

11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee including joint committees, or agencies of the county or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the county;

12. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy, mental health, and drug and alcohol treatment facilities, doctors' and dentists' offices;

13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple-unit residential facilities;

14. Lobbies, hallways, and other common areas in multiple-unit commercial facilities;

15. Polling places;

16. Bars.

B. Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.

(Ord. 1152 § 1, 1999; Ord. 1063 § 2 (part), 1994: prior code § 5153)

A. Within ninety days of the effective date of this chapter, each employer having an enclosed place of employment located within the county shall adopt, implement, and make known and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed and semi-enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.

B. The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.

C. All employers shall comply with these non-smoking provisions and shall be responsible for their implementation in their places of employment.

D. "No Smoking" signs shall be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms.

E. All employers shall supply a written copy of the smoking policy to any existing or prospective employee.

F. Places of employment exempt from the prohibition on smoking in other sections of this chapter shall also be exempt from this section.

(Ord. 1063 § 2 (part), 1994: prior code § 5154)

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private residences, except when used as a child care or health care facility;

2. Retail tobacco stores;

3. A maximum of fifty percent of hotel/motel rooms;

4. Enclosed or semi-enclosed restaurant, hotel and motel conference or meeting rooms and public and private assembly rooms, which are equipped with a ventilation system which conducts air to the outside, while these places are being used for private functions, provided that fifty percent of these areas are designated nonsmoking;

5. An enclosed or semi-enclosed place of employment which employs only the owner and no other employee, provided that:

a. The place of employment is not a public place, and

b. The place of employment does not share a ventilation system with any other enclosed place of employment or public place;

6. (Reserved);

7. The sheriff of Napa County may designate a room or office where smoking is permitted for non-county employees while interviewing a witness or interrogating a suspect or persons in custody.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

(Ord. 1152 § 3, 1999; Ord. 1063 § 2 (part), 1994: prior code § 5155)

A. "No-Smoking" signs or the international "No Smoking" symbol (consisting of pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye level, or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.

B. Every restaurant, bar, and mall shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(Ord. 1152 § 3, 1999; Ord. 1063 § 2 (part), 1994: prior code § 5156)

A. Any person, business, tobacco retailer or other establishment subject to this chapter shall post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED." The letters of said signs should be at least one-quarter inch high.

B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age.

C. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product or tobacco-related promotional product by means of self-service merchandising, or by any means other than vendor-assisted sales.

D. No person, business or tobacco retailer shall locate, install, keep maintain or use, or permit the location, installation, keeping maintenance or use of his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of this chapter shall be removed within ninety days after the effective date of this chapter.

E. Nothing herein shall be construed to conflict with and shall be construed to supplement provisions of the Penal Code including, but not limited to, Penal Code Section 308.

(Ord. 1063 § 2 (part), 1994: prior code § 5157)

A. The Napa County tobacco control coordinator shall determine a method for notifying all business located in the unincorporated area of Napa County of this regulation.

B. Enforcement of this chapter shall be coordinated by the Napa County tobacco control coordinator.

C. Any citizen may register a complaint under this chapter with the Napa County tobacco control coordinator.

D. Any regularly conducted county inspection may include a requirement for certification by the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been implemented.

E. Registered environmental health specialists, on their regular restaurant inspections and other county employees on their inspections (including but not limited to county fire chiefs) shall check for compliance with the regulations of this chapter. Any violations shall be dealt with as part of the overall compliance requirements for the facility. Any violations shall be reported quarterly to the tobacco control coordinator.

(Ord. 1252 § 5, 2005: Ord. 1152 § 4, 1999; Ord. 1104 § 5, 1996; Ord. 1063 § 2 (part), 1994: prior code § 5158)

A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under Sections 8.08.040, 8.08.050 and 8.08.070 of this chapter to fail to comply with any of its provisions.

B. It shall be unlawful for any person to smoke in any area where smoking is prohibited under Sections 8.08.030 and 8.08.040 of this chapter.

C. Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction, punishable by:

1. A fine, not exceeding one hundred dollars, for the first violation;

2. A fine, not exceeding two hundred dollars, for a second violation of this chapter within one year;

3. A fine not exceeding five hundred dollars, for a third violation of this chapter within one year.

(Ord. 1063 § 2 (part), 1994: prior code § 5159)

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter.

(Ord. 1063 § 2 (part), 1994: prior code § 5160)

The tobacco control coordinator may engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected business and individuals explaining the provisions of this chapter.

(Ord. 1063 § 2 (part), 1994: prior code § 5161)

The tobacco control coordinator may annually request other governmental and educational agencies having facilities within the county to establish local operating procedures in cooperation and compliance with this chapter. This includes urging all federal, state, city and school district agencies to update their existing smoking control regulations to be consistent with current health findings regarding environmental tobacco smoke.

(Ord. 1063 § 2 (part), 1994: prior code § 5162)

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 1063 § 2 (part), 1994: prior code § 5163)