The URL can be used to link to this page

Home My WebLink AboutORDINANCES-1987-129-O-87129-0-87 AN ORDINANCE Adding a New Chapter 21 to Title 8 of the City Code of the City of Evanston Pertaining to Clean Air • WHEREAS, tobacco smoke is annoying, harmful and dangerous to human beings and a hazard to public health; and WHEREAS, numerous reliable studies have found that breathing second-hand smoke is a significant health hazard; and WHEREAS, numerous studies have shown that a majority of both smokers and non-smokers prefer restrictions on smoking in restaurants; and WHEREAS, the City Council intends to strike a reasonable balance between the needs of persons who smoke and the needs of non-smokers to breathe smoke -free air; and WHEREAS, the City Council respects the rights and the responsibilities of owners and managers of restaurants to identify and meet the needs and wishes of their patrons; and WHEREAS, the City Council encourages patrons to make • their preferences for smoking or non-smoking areas known.to restaurant owners and managers; and WHEREAS, the City Council deems it advisable for the well-being and comfort of the public to mandate allocation of at.least 20 percent of seating space to a no -smoking area in restaurants seating forty or more persons; and WHEREAS, all restaurateurs are encouraged to allocate space to non-smoking patrons in response to stated preferences of their patrons over and above the minimum percent made mandatory by this ordinance, WHEREAS, the City Council expects that restaurant owners and managers will designate areas for non-smokers in ' excess of the minimum percent of seating space required by this'•;:• • ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF -1- EVANSTON, COOK COUNTY, ILLINOIS: i SECTION 1: That the City Code of the City of Evanston_, 1979, as amended, .be further amended -by the 4.4dition of the following new Chapter 21, Title 8; • CHAPTER 21 INDOOR CLEAN AIR ORDINANCE SECTION: 8-21-1: Definitions 8-21-2: Regulation of Smoking in Restaurants 8-21-3: Posting of Signs 8-21-4: Enforcement 8-21-5: Violations and Penalties 8-21-6: Other Applicable Laws 8-21-7: Severability 8-21-1: Definitions: The following words and phrases, when used in this ordinance shall be construed as defined in this section: BAR AREA: An area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the • consumption of such beverages. Although a restaurant .may contain a bar area, the term "bar area" shall not include the restaurant dining area. RESTAURANT: An establishment or.portion of an establishment open to the general public in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises. SMOKING: Inhaling, exhaling, burning, or carrying, any lighted cigar, cigarette, or other combustible substance in any manner or in any form. 8=21-2: REGULATION OF SMOKING IN RESTAURANTS: (A) Smoking shall be permitted in restaurants seating forty (40) or more persons only if the requirements of subsections AM and (3) or A(2) 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 y' non-smoking section represent less than 20o of the seating4ivl 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 -2- as it is no less than 20o of the seating capacity.. 2. Separate rooms may be provided for smokers and no smokers, so.long as the rooms) designated for n.on-smoking captain no less than twenty (20) per cel4t 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 only. (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 8-21-2(A)1 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. (F) Smoking is prohibited in buffet service lines in restaurants, whether such buffets are located in smoking or non-smoking areas. • 8-21-3: POSTING OF SIGNS: A sign shall be posted at a conspicuous place, near the entrance of every restaurant, indicating the availability or absence of a non=smoking section. 8-21-4: ENFORCEMENT: (A) The City of Evanston Department of Health shall enforce this Ordinance. (B) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Department of Health. (C) Any owner, manager, operator, or employee of any restaurant subject to this chapter may inform persons violating this article of the appropriate provisions thereof. (D) Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter. 4' (E) The Department of Public Health shall require, while a restaurant is undergoing otherwise -mandated inspections,,!,,)_. an affidavit from the owner, manager, operator, or other`" F person having control of such restaurant, that all • applicable requirements of this chapter have been complied with. A material false statement made in the affidavit or a refusal to provide the affidavit may subject the maker or person refusing to provide such affidavit to revocation -3- • • or denial of any license or permit issued by the City for the premises in question. - 8-21-5: VIOLATIONS AND PENALTIES: (A) It shall be unlawful for any person who owna, operates, or otherwise controls any premises subject to roquJaijon under 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 by the provisions of this chapter. (C) Any person who violates any provision of this chapter 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. 8-.21-6: OTHER APPLICABLE LAWS: This Ordinance shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable provisions of the City Code. 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 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: Att"az'C/_ c: it Adopted: V S ` _ • ATTEST: _ 'City�Clerk A roved as to form: Cb�poration Lnsel MEN :: Appr ved: � X Mayor , 1988. -4-