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HomeMy WebLinkAboutORDINANCES-1989-023-O-8923-0-89 AN ORDINANCE AMENDING CHAPTER 21 OF T-T'P.'!-,E 8 OF THE CITY CODE TO PROHTBIT SMOKING IN PUBLIC PT,ACES OyMF.N AND TO REGULATE SMOKING IN PLACES OF EMPF,� I q, • WHEREAS, tobacco smoke is annoyinq, harmful-, and dangerous to human beings and a. hazard to puhlic health; and WHEREAS, breat.hinq second-hand smoke is a. sj.(-Tni.f_icar)t health hazard and a source of di -,comfort; and WHEREAS, the City Council believes that both Smokers and non-smokers prefer restrict.ions on smoking in public places and in the workplace; and WHEREAS, THE City Council in -tends to strike a reasonable balance between the needs of persons who smoke aDcl the needs of non-smokers to breathe smoke -free ?j-r! and WHEREAS, the CJ.ty Council deems it E-9174sable -For the well-being and comfort of person!-, within '.-Aie City's borders to prohibit smoking in publ-ic places except in des-ionated s7inkina areas and to regulate smoking in places of emplovment, • BE IT ORDAINED BY THE CITY COUNCT.T., OF CITY OF EVANSTON, COOK COUNTY, ITT,TNOTS: SECTION: I That: section 8-21-1. of the Indoor Clean Ordinance of the Ci..+-.v Code of the Ci.-tv of Evanston, 1979, as amencle.d, (City Code) be amendod as followq: 8-21-1: Definitions - The followinq words and phrases, when used in t:hi-.c; ordi.nance, shall he construed as defined in this section - BAR AREA: An area which -is devoted- to the serving of alcohoiic- be-,.rera.aes for coDsi_immption by guests on the premises and in which the serving of food is only incidental. to !--.])-e consumption of such beveraaes. Althouah a restaurant may contain a bar area, the term "bar area" shal 1 not include the res-1-auraDt di.Dinq area. BUSINESS: A sole proprietorshin, partnership, ' ;o nt venture, corporation or r othebusiness entity • formed for prof j. t-making purposes, including retail establishments where cToods or services are sold as well as professional. corporations and other entities where. legal, modica I., dental engineering, arc.bitectural or other professional services are del.ivered. DINING AREA: Any enclosed area containinq a counter or table i - upon which meals are served. EMPLOYEE: Any person who is employed by any eTTiplover in the consideration for direct or indi-rect • monetary wages or ' profit., and any person who volunteers his or. her services for a non-profit entity. EMPLOYER: Any person, partnership, corr)oration, including a municipal. corporation, or non-profi.t entity, who employs the services of one or more individuals. ENCLOSED AREA: All space between a floor and ceiling which is enclosed on all. sides by solid walls or windows (exclusive of door or passage ways.) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the cej-lj-ng or a.re not solid, office landscapincj" or similar structures. MOTION PICTURE THEATRE: Any theater enga.ged in the business of exh.ibitinq notion pictures. NON-PROFIT ENTITY: Any corporation, unincorporated association or other entity created for charitable, philanthropic, educational., cha-acter building, political., socia.l. or other similar purposes, the net proceeds from the operations of which are corunitted to the promotion of the ob * lects or • purposes of the organization and not to private financial qa.in. A public auenc ' y is not a "non-profit entity" witbi-n the meaning of this section. 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, bur not limited to, work areas, employee lounges and restrooms, conference and class rooms, emplovee cafeterias and hallways. a. A private residence is not a "Place of employment" unless it is used as a, child day care home. b. The dining area of a restaurant is not a "place of employment". PUBLIC PLACE: Any enclosed area to which the public Js irvited or in which the iDubli - c is permitted, including but not lirnited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, • restaurants, retail food production and marketing establishment.s., retail service establishments, retail stores, theatres and • El • waiting rooms. A private residence i_s not a "public pl_ace." RESTAURANT: An estab.li.shment or portion of an establishment (I open to the general public in which the p.r_incipa.l. use is the service of prepared food �I and/or beverages for consumption on and/or off H the premises. i RETAIL TOBACCO STORE: A retail store utilized primarily for I the sale of tobai:co products and accessories and in which the sale of other products is merely incidental. SERVICE LINE: Any in.d.00r line at which one (1.) or more persons are waiting for or rece.ivina service of any I kind, whether_ or not such service involves the exchange of money. SMOKING: Tnhaling, exhal.in.a, bur.nina or carrying any lighted cigar, cigarette, weed, plant, or o'-her combustible substance in any manner. or in any form. I' SPORTS ARENA: Sports pavilions, gymnasiums, health spas, boxing arenas, swi_mm.i.ncl pools, roller and. i.c(- I� rinks, bc)wl. i_na alle�7s and other simi-lar places I where members of the general. public assemble either to engage in physica.l. exercise, I� participate in athletic competi.t.ion, or witness sports events. i SECTION 2: Fxi_stinq section R-21-2 shall he renumbered as section 8-21-4 and a new I section 8-2.1-2 added., reading as follows: j 8-21-2: City-Owned./Opera.ted Facilities: All enclosed facilities owned or operated by the City shall be subject to the provisions of this Chapter. I !� SECTION 3: Existing section 8-21-3 shall. be I ' deleted and a. new sec-tion 8-2.1-3 added, reading as follows: 8-21.-3: PROHIBITION OF SMOKING TN PUBI,TC PT,ACES: A. Smokina_ shall be pr_ohi.hi_ted in all enclosed public places within the City, i_ncludi.ng, but not limited to, the following places, and with the f0l.l0wi_11q exceptions: 1. Elevators. 2. 'Picket, boarding, and waiting areas of public transit depots; provided, however, that this prohi.hi.tton does not prevent (a) the establishment of separate waiting areas of equal size for smokers and nonsmokers, or �i (b) the establishment of a maximum of fifty percent II (50°) of a given waiting room as a smoking area. t 3. Restrooms. -3- 4. Any service line in any establishment or portion thereof. 5. Retail stores, except areas in sa�_d stores not open to the public and except all. areas within retail tobacco stores. 6. All areas available -to, and customarily used bv, the general public -in all, businesses and non-profit • entities patroni.zec' by the public including but not limited to, attornev's' offices and other off IJ. -ces, banks, hotels, and. motels. 7. Public areas of galieries, li-braries, and museums when open to the public; provided, however, that this prohibiti - on does not prevent the designation of a separate room .for_ smoking in such area.s. 8. Any building not open to the sky which is primarily used for, or designed for the primary purPose of, exhibiting any motion picture, stare Play, drama, lecture, musical reci.1--al, or other similar Performance, except when smoking is part of a s-11-a(Te production; provided, however, that this prohibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50%) of any area commonly called a lobby as a smoking area. 9. Sports arenas and convention halls, except in designated smoking areas. to. Every room, chamber, place of rrieetinq or T)uhlic assembly, including those in school bui-Idi-nas, and including public iTieet-inqs of boards, committees, or agencies of the City or political subdivisions of the State, during such ti-J.1110. as a. Public meeting is in progress. • ; it. Waiting rooms, hallways, wards and semiprivate rooms of health facilities, including, but no+ - limited to, hospitals, clinics, physical therapy 04- facilities, doctors' offices, ' ices, and. dentists' offices. In bed -space areas of health facilities jise(q For two or more patients, smoking shall be proh-ibit-ed. unless all patients within the room are s,.iiolkers and request in writing at the time of admissions to he placed in a room where smoking is permitted. A health -facility may designate a separate waiting room for srnokers. For purposes of this Chapter, a facility licensed as a long term care facility shall riot be considered a health facility. 12. Polling places. 13. Waiting rooms, hallways, and other areas of governmental buildings where -It-.be public is in-171ted, has access to, or must v.jSj_t in order to conduct business or to part ' ii - ..cpate in programs or services offered ther.i en, except in a separate area in such building, designated as a smokinct area.. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section ;nay i declare that entire establishment or facility as a . I nonsmoking establishment. -4- SECTION 4: That renumbered section 8-21-4 be revised by deleting subsection 8-21-4(F): !8-21-4: REGULATION OF SMOKING IN RESTAURANTS: I I(A) Smoking shall be permitted in restaurants seating forty I(40) or more persons only if the requirements of subsections ,A M and (3) or AM and (3) are met. • 1. A non-smoking area shall be designated, the size and location of which shall be determined by the restaurant management, based on the needs and requests of the restaurant's customers, but in no case shall the non-smoking section represent less than 200 of the seating capacity. Existing physical barriers, ventilation systems and other physical elements of the premises shall be utilized to minimize the intrusion of smoke into areas where smoking is not permitted. The size of the smoking area may fluctuate based on requests of customers, as long as it is no less than 200 of the seating capacity. 2. Separate rooms may be provided for smokers and non-smokers, so long as the room(s) designated for non-smoking contain no less than twenty (20) per cent of the seating capacity of the restaurant. 3. In all restaurants seating forty or more persons, each customer shall be asked his preference of seating in a smoking or a non-smoking section. In restaurants where patrons seat themselves, the non-smoking section must be clearly identified. (B) Regardless of restaurant size, cigar smoking is permitted only in separate rooms designated for smoking. • (C) Smoking shall be permitted in the bar area of a restaurant. (D) Smoking shall be permitted in a separate room while it is being used for private functions, except when the person in charge of such private function declares the room to be a non-smoking area for the duration of the private function. (When a room is being used for a private function, the number of remaining seats in the restaurant shall be used to ascertain (compliance with section 8-21-4(A)l and 2 above. (E) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person in control of a restaurant may prohibit smoking in the entire facility. SECTION 5: That a new Section 8-21-5 be added, reading as follows: 8-21-5: POSTING OF SIGNS: • -5- i 4. Provision and. maintenance of separate and contiquous nonsmoking areas of not less than fifty percent. (50o) of the seating capacity and floor space in cafeterias, ! lunchrooms and employee lounaes or provision and maintenance of separate and equal-s.i.zed cafeterias, � lunchrooms and employee loun(aes for smokers and nonsmokers. • 5. In any dispute arising under_ the smoking policy, the health concerns of the nonsmoker shall be ai_ven precedence. C. The smoking policy .sha.11 he contmuni^,a+ed to al.l eniplovees within three (3) weeks of its adoption. i • • D. All employers shall. supply a written copy of the smoking policy upon request to any existing or prospective employee. E. Notwithstanding any other provi-sion of this section, every employer shall have the r. i qht to desi.gna'-e any place of employment, or any y portion thereof, as a nonsmoking area. SECTION 7: 'That a new section 8-21-7 be added, reading as follows: 8-21-7 WHERE SMOKING IS NOT REGULATED: A. Notwithstanding any other provision of this Chapter to the l contrary, the following areas shall not be subject to the smoking restrictions of this Chapter: j 1. gars. 2. Private residences, except when used as a child day care home. 3. Hotel and motel rooms rented to guests. 4. Retail tobacco stores. 5. Restaurants, hotel_ and motel conference or meeting i rooms and. private assembly r_oorns while these places are being used for private .functions. 6. A private enclosed office wo-rkplace occupied exclusively by smokers, even though such an office workplace may be vis:it_ed by nonsmokers. 7. Establishments which devote all or part of their space on a .full or part-time basis to meetings or activities the primary purpose of which is therar)v for alcoholism, other types of substance abuse, and the like, during such time and in that: portion of the premises where such meetings or activities are being i conducted.. I 8. hong term care :facilities. 9. Restaurants which seat fewer then forty (40) persons. B. Notwithstanding a.nv other provision of this section, any owner, operator, manager, or other person who control.- a.nv establishment described in this section may declare that establishment as a non-smoking establishment. -7- • • • SECTION 8: That a new section 8-21-8 be added, reading as follows: A. Any owner, operator or manager of a business or other establishment subject to this chapter may apply in writing to the City Manager for an exemption or modification to any provision of this Chapter due to unusual circumstances or conditions. B. Such exemption shall be granted only if the City Manager or his/her designee finds from,the evidence presented by the applicant for examption that unusual circumstances or conditions make it impracticable for the applicant to comply with this Chapter. SECTION 9: Existing section 8-21-4, renumbered as section 3-21.-9, and otherwise unchanged, reads as follows: i 8-21-4: I ENFORCEMENT: (A) The City of Evanston Health Deparmtent shall enforce this Ordinance. (B) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Health Department. (C) Any owner, manager, operator., or employee of any restaurant subject to this chapter, may inform persons violating this article of the appropriate provision thereof. (D) Notwithstanding any other provision of this chapter, a. private citizen may bring legal action to enforce this chapter.. (.E) The Evanston Health Department shall require, while a restaurant is undergoing otherwise -mandated inspections, a written statement from the owner_, manager, operator, or other' person having control of such restaurant, that all applicable requirements of this chapter_ have been complied with. A material false statement made in the statement or a re('usal to provide the statement may subject the maker or person refusing to provide such statement to revocation or denial of any license or permit issued by the City for the premises in question. SECTION 10: Existing section 8-21-5 renumbered as section 8-21.-10, and otherwise unchanged, .reads as follows: 8-21-10: VIOLATIONS AND PENA.LTTES: I I (A) It shall be unlawful for any person who owns, operates, or otherwise controls any premises subject to regulation under � this chapter to fail to comply with any of .its provisions. (B) It shall be unlawful f_or any person to smoke in any area where smoking is prohibited by the provisions of this chapter. (C) Any person who violates any provision of this chapter • • '.7 shall be guilty of an infraction, punished by: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation. 2. A fine not exceeding two hundred dollars ($200.00) for a second violation of this chapter in one year. 3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this article within one (1) year. SECTION 11: 8-21-11 NON -RETALIATION: That a new section 8-21-11 be added, reading as follows: 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 rights afforded by this Chapter. SECTION 12: That existing section 8-21-6, renumbered as section 8-21-12 and otherwise unchanged, reads as follows: 8-21-12: OTHER APPLICABLE LAWS: This Ordinance shall not be interpreted or construed to permit smoking where it is other wise restricted by other applicable provisions of the City Code. SECTION 13: That existing section 8-21-7, renumbered as section 8-21-13 and otherwise unchanged, reads as follows: 8-21-7: SEVERABILITY: If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. SECTION 14: are hereby repealed. SECTION 15: All ordinances or parts of ordinances in conflict herewith This ordinance shall be in full force and effect sixty days from and after its passage, approval, and publication in the manner provided by law, with exception of sections 8-21-6 and 8-21-11, which shall become effective ninety days after said passage, approval, and publication. Q'� • • • Introduced: 1989 Adopted: �,rf :::�f)� 1989 Approved' \ y' Mayor ATTEST: City Clerk Appr v. d as to f 6.1 Corporation Counsel -10- ,1()89.