Article 7-35

REGULATION OF SMOKING IN CERTAIN PLACES*

Sections:

(a) The City Council finds and determines that there is an overwhelming body of evidence indicating the adverse effects of tobacco smoke on the health and physical comfort of people. The purposes of this Article are to protect the public health and welfare by prohibiting or regulating smoking in certain places and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-free air, and to recognize that where these needs conflict, the need to breathe smoke-free air shall have priority.

(b) The City recognizes that smoking is regulated by the State. Nothing herein is intended to conflict with State law. Where there is a conflict between this Code and State law, the more restrictive of the two shall apply.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Dining area means an area containing tables or counters open to the public and designed, established, or regularly used for consuming food or drink regardless if located on public or private property.

*Editor’s note— Ord. No. 341, § 1(Att. A), adopted Aug. 17, 2016, amended in its entirety and effectively repealed the former Art. 7-35, §§ 7-35.010—7-35.100, and enacted a new Art. 7-35 to read as herein set out. The former Art. 7-35 pertained to similar subject matter and derived from original codification and Ord. 71-139 §§ 1—13, 1994.

(b) Multifamily development means two or more units with one or more shared or abutting walls, floors, ceilings, or shared ventilation systems, including but not limited to condominiums, duplexes, triplexes, or larger structures whether owner occupied or rental.

(c) Multifamily residence common area means every area of a multifamily developments that residents of that development are entitled to enter or use, including, but not limited to, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pool areas, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.

(d) Multifamily apartment complex means a multifamily development with four or more units on the same parcel and owned and let by or on behalf of the same owner, not including a hotel.

(e) Open to the public means an area which is available for use by or accessible to the general public during normal course of business conducted by either public or private entities.

(f) Restaurant means any establishment which gives, sells or offers for sale to the public any food for immediate consumption on the premises. The term includes, but is not limited to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, cocktail lounge, sandwich stand, soda fountain, public or private lunchroom or dining room.

(g) Retail tobacco store means a retail establishment engaged primarily in the sale of tobacco products and tobacco accessories and the sale of other products is merely incidental.

(h) Service area means any area open to the public, whether publicly or privately owned area, designed or regularly used by one or more person(s) to receive or wait to receive goods, services, enter a public place, or make a transaction, whether or not such service includes exchange of money. Service areas include, but are not limited to, information kiosks, bus stops, lines of automated teller machines, public telephones, and ticket purchase kiosks.

ther publicly or privately owned area, designed or regularly used by one or more person(s) to receive or wait to receive goods, services, enter a public place, or make a transaction, whether or not such service includes exchange of money. Service areas include, but are not limited to, information kiosks, bus stops, lines of automated teller machines, public telephones, and ticket purchase kiosks.

(i) Smoke means the gases, particles, or vapors released into the air 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 or vaporizing of materials con-

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tains no tobacco or nicotine and the purpose of the inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.

(j) Smoking means engaging in an act that generates smoke, such as, for example, possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.

(k) Workplace means an area which utilized primarily for the conduct of a business or other enterprise, including, but not limited to outdoor workplaces such as construction sites.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

It shall be unlawful to smoke in any of the following places within the City:

(a) Restaurants. Smoking is prohibited in all restaurant spaces and dining areas.

(b) Elevators. Smoking is prohibited in all elevators in buildings open to the public, including elevators in office, hotel and apartment buildings irrespective of the number of units within such buildings.

(c) Health care facilities. Smoking is prohibited in all areas open to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical office, nursing or convalescent home or other health care facility. If the facility contains a cafeteria or other form of restaurant, as defined in Section 7-35.020(e), such restaurant shall comply with the regulations set forth in subsection (a) of this Section. Smoking is further prohibited in any room occupied by two or more patients of a health care facility described herein, unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted.

(d) Public meeting rooms. Smoking is prohibited in meeting rooms, hearing rooms, conference rooms, chambers and other places of public assembly in which the business of the City is conducted by any elected or appointed official, council, commission, committee, or board which requires or permits direct participation or observation by the general public.

(e) Public lobbies and hallways. Smoking is prohibited in lobbies, hallways and other areas of City owned or controlled buildings which are open to the public.

(f) Theaters and auditoriums. Smoking is prohibited within all parts of any building which is used for exhibiting any motion picture, stage drama, performance or other similar performance, which parts are open to the public; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production.

(g) Museums, libraries and galleries. Smoking is prohibited in all areas of museums, libraries, and galleries which are open to the public.

(h) Hotel and motel common areas. Except as permitted in Section 7-35.050, smoking is prohibited in all areas of a hotel or motel that guests are entitled to enter or use, including, but not limited to, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pool areas, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas..

(i) Public restrooms. Smoking is prohibited in restrooms open to the public.

(j) Business establishments. Smoking is prohibited within all workplaces and other areas open to the public in business establishments providing goods or services to the general public and not otherwise mentioned in this Section, including, but not limited to, retail service establishments, personal service establishments, financial institutions, and offices all as defined in Article 15-06 of this Code.

ess establishments.** Smoking is prohibited within all workplaces and other areas open to the public in business establishments providing goods or services to the general public and not otherwise mentioned in this Section, including, but not limited to, retail service establishments, personal service establishments, financial institutions, and offices all as defined in Article 15-06 of this Code.

(k) Designated nonsmoking areas. Notwithstanding any other provision of this Section, any owner, operator, manager or other person who controls the use of any establishment described in this Section may declare that entire establishment as a nonsmoking area. In addition, any owner, operator, manager or other person who controls the use of any public or private establishment which is not described in this Section may declare any portion or all of such establishment as a nonsmoking area and upon the posting of appropriate signs, smoking shall be prohibited in such areas.

(l) Public events. All special event permits shall prohibit smoking at events requiring such permits un-

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less the organizer certifies that the event is for adults only and will not be promoted to attract children under the age of eighteen years.

(m) Service areas. Smoking is prohibited in all service areas.

(n) Entrances. Smokingisprohibitedwithintwenty feet horizontally or vertically of any entrances, exits, operable windows, or air intake openings into an enclosed area in which smoking is prohibited, except while the person is actively passing on the way to another destination.

(o) Multifamily housing common areas. Smoking is prohibited in multifamily residence common areas.

(p) Multifamily apartment complexes. Smoking is prohibited in multifamily apartment complexes constructed or converted to rental use after September 16, 2016, and all leases shall include a clause prohibiting smoking in all areas of the complex, including inside individual units and on private balconies or patios.

(q) City-owned vehicles. Smoking is prohibited in City-owned vehicles.

(r) Smoking prohibited where prohibited by State law. Wherever smoking is prohibited by State law, smoking shall be prohibited in Saratoga.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

(a) Any employer having a workplace located within the City of Saratoga shall inform employees of work place smoking restrictions pursuant to the City Code.

(b) Places of employment exempt from the prohibition of smoking in Section 7-35.050 shall also be exempt from this Section.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

(a) Smoking is not prohibited within any of the following places:

(1) Retail tobacco stores regardless of whether they also serve as a place of employment.

(2) Twenty percent of guestroom accommodations in a hotel or motel.

(3) Any areas not generally open to the public, except as otherwise provided in Section 7-35.040.

(4) Private residences except (1) multifamily apartment complexes constructed or converted to rental use

after September 16, 2016, and (2) where State law prohibits smoking as, for example, during the provision of child care.

(5) Vehicles except for City-owned vehicles, Stateowned passenger vehicles, vehicles in which a minor is present, vehicles in which a non-smoking employee is present, vehicles regularly used to transport a child in residential foster care, youth buses as defined in California Vehicle Code Section 12523, and buses, taxicabs, and rideshare vehicles in which a passenger is present.

(b) Notwithstanding the foregoing, any owner, operator, manager or other person who controls the use of any public or private establishment or place described in Paragraph (a) of this Section may voluntarily designate any portion or all of such establishment or place as a non-smoking area.

(c) Notwithstanding the foregoing, smoking is not allowed in any location where it is prohibited by State law.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

(a) No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designed or used for vending purposes.

(b) No person shall knowingly distribute or furnish without charge, or cause to be furnished without charge to the general public, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, at any event open to the public, or in any public place, including, but not limited to, any right-ofway, mall or shopping center, park, playground, and any other property owned by the City, any school district, or any park district.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

(a) Where smoking is prohibited throughout a building or structure, "No Smoking" signs shall be clearly posted at each entrance to the building or structure.

(b) Where smoking is permitted in designated areas of a building or structure, signs stating that "Smoking is prohibited except in designated areas" shall be clearly posted at each entrance of the building or struc-

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ture, and signs stating "Smoking Permitted" shall be clearly posted in all designated smoking areas of the building or structure.

(c) Any ashtray located in a nonsmoking area must have a sign conspicuously posted in close proximity to the ashtray stating "Smoking Prohibited—Extinguish Here," or language with equivalent meaning.

(d) It shall be the responsibility of the owner, operator, manager or other person who controls the use of any place where smoking is regulated by this Article to post the signs required by this Section. (Ord. No. 341, § 1(Att. A), 8-17-2016)

courage responsible retailing of tobacco products, discourage violations of laws related to tobacco products, and protect public health, safety, and welfare.

(b) 11-15 Tobacco-Free Recreation Areas. Establishes restrictions on smoking and use of tobacco products in City recreational areas.

(c) 15-80.130 Tobacco retailers. Requires tobacco retailers to obtain conditional use permits and setting standards for the issuance of such permits. (Ord. No. 341, § 1(Att. A), 8-17-2016)

(a) It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant to this Article.

(b) It shall be unlawful for any person who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this Article to fail to properly set aside required "no smoking" areas, to properly post any signs required by Section 7-35.070, to adopt a smoking restriction policy, or to comply with any other requirement of this Article. (Ord. No. 341, § 1(Att. A), 8-17-2016)

The City Manager, or designee, is authorized to enforce the provisions of this Article. Any owner, operator, manager, employee, guest or customer of any establishment regulated by this Article shall have the right to inform persons violating this Article of the appropriate provisions contained herein.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

The violation of any provision contained in this Article shall constitute an infraction and a public nuisance, subject to enforcement and the penalties, civil fines, and other remedies as set forth in Chapter 3 of this Code.

(Ord. No. 341, § 1(Att. A), 8-17-2016)

The list below provides a reference to Articles of the City of Saratoga Municipal Code that regulate smoking or tobacco products.

(a) 4-90 Tobacco Retailer License. Requires tobacco retailers to obtain a tobacco retailer license to ensure compliance with City business standards, en-

(Saratoga Supp. No. 40, 1-17)

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7-40.070