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ORD 288 ORDINANCE NO. 288 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 8.28 TO I/ REGULATE SMOKING IN RESTAURANTS, BARS AND CITY FACILITIES THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Chapter 8.28 SMOKING IN RESTAURANTS, BARS AND CITY FACILITIES Sections: 8.28. 010 Definitions 8.28. 020 Smoking Prohibited 8.28. 030 Posting and Placing of Signs 8.28. 040 Enforcement 8.28. 050 Violations 8.28. 060 Penalty 8.28. 070 Severability 8.28.010 Definitions. Except where the context otherwise requires, the definitions given in this section g overn the construction of this chapter: A. "Bar" means any enclosed area which is devoted to the serving of alcoholic beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages. Any area of a restaurant which is devoted to the serving of alcoholic beverages and in which the serving of food is only incidental to the consumption of such beverages shall also be considered to be a bar. The service of food shall be conclusively presumed not to be incidental to the service of alcoholic beverages where the gross receipts of the sale of food exceed 25% of the total gross receipts of the establishment. B. "City Facility" means any enclosed structure owned, I/ leased, or operated by the City of Rancho Palos Verdes, and used by the City for governmental operations and activities. C. "Enclosed" means surrounded by a roof and four walls with openings for ingress and egress, with or without windows. 1: \voll\cwl\smokeord.a D. "Restaurant" means any dinner house, coffee shop, cafeteria, luncheonette, soda fountain, fast food service, and any other establishment where cooked or otherwise prepared food is sold to the general public, and where seating for consumption is available on the premises. E. "Smoking" means the carrying or holding of a lighted 1/ pipe, cigar or cigarette of any kind, or any other lighted tobacco or other weed smoking equipment, or the lighting thereof, or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind. 8.28. 020 Smoking Prohibited. In addition to any smoking prohibitions otherwise imposed by law, smoking shall be prohibited and unlawful in all of the following places in the City: A. In the enclosed portions of every restaurant, whether publicly or privately owned, including, but not limited to, lobbies, waiting areas, restrooms, and dining areas of restaurants. B. In no less than 50% of the enclosed seating capacity of every publicly or privately owned bar. 1. Any bar that elects to designate a smoking area pursuant to this section may change the boundaries of the smoking/non smoking areas at its discretion, provided that at all times any designated smoking area in the enclosed area of the bar shall remain a contiguous area that contains no more than 50% of the enclosed seating capacity. 2 . When a bar is operated in connection with a restaurant and is not contained in an enclosed area which is separate from the restaurant, the smoking area shall be located in that portion of the bar which is the farthest from the restaurant and shall utilize portable air purifiers or other similar devices which are designed to reduce the amount of smoke which emanates from the bar to the restaurant. Such air purifier or other devices shall be regularly maintained and kept in good operating order at all times. The owner, operator or manager of the facility shall keep a record or log which reflects the dates of maintenance or replacement of said air purifiers or devices. The log shall be kept on the premises and shall be made available to the City for inspection upon request. 3 . Nothing in this Paragraph B shall be construed to I/ limit or restrict an owner, operator or manager of a bar from expanding the non-smoking seating area. C. In every City facility. ORDINANCE NO. 288 1: \voll\cwl\smokeord.a -2- D. Paragraphs A and B of this Section shall become effective on July 18, 1993, which is sixty days after adoption of this ordinance by the City Council. 8.28. 030 Posting and Placing of Signs. A. The owner, operator, manager or other person having control of each facility regulated by this chapter shall post or caused to be posted "Smoking" and "No Smoking" signs, in each section where appropriate, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in red circle with a red bar across it) , and citing to Section 8.2 8.2 0 of the Rancho Palos Verdes Municipal Code. Such signs shall be clearly and conspicuously posted in every facility where smoking is controlled by this chapter, and shall be of sufficient number and location to cause the message of such signs to be clearly visible and readable. B. As an alternative to posting signs required by subsection A of this Section, the owner, operator, manager or other person having control of a restaurant may place small signs, each containing the messages required by subsection A, on each dining table located in an area subject to the provisions of this chapter. C. No person shall willfully mutilate, mark on, deface, or destroy any sign required by this Section. 8.28. 040 Enforcement. A. Enforcement of this chapter shall be the responsibility of the City Manager and/or his or her designee. B. Any person may file a written complaint alleging a violation of this chapter in the office of the City Manager, or his or her designee. The City Manager and/or his or her designee shall investigate the complaint within twenty-one (21) days, and commence enforcement action, if necessary. C. The City Attorney shall have the authority to bring appropriate actions for the enforcement of this chapter. D. Any owner, operator, manager or other person having control of the facilities subject to this chapter shall inform I/ persons violating this chapter of the appropriate provisions thereof. ORDINANCE NO. 288 l: \volt\cwl\smokeord.a -3- 8.28.050 Violations. A. It shall be unlawful for any owner, operator, manager or other person having control of the facilities subject to this chapter to fail to properly post required signs, to fail to I/ properly set aside required "No Smoking" areas in bars, or to otherwise fail to comply with any of the requirements of this chapter. B. It shall be unlawful for any owner, operator or manager or other person having control of the facilities subject to this chapter to allow food or beverages to be served to any person smoking in an area or establishment where smoking is prohibited by this chapter or which has been designated as a no smoking area by the operator, manager or other person having control of the facility. C. It shall be unlawful for any person to smoke in any area where smoking is prohibited by this chapter, or which has been designated as a no smoking area by the operator, manager or other person having control of the facility. 8.28.060 Penalties. Any violation of Section 8.28.050 (A) shall be an infraction. Any violation of Section 8.28. 050 (B) or Section 8.28.050(C) may be prosecuted either as a misdemeanor or an infraction in the discretion of the City Attorney. 8.28.070 Other Laws. If any other law governing this subject is adopted by the California State Legislature, the stricter of the laws shall apply, to the extent legally permissible. 8.28. 080 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The City Council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases is declared unconstitutional or otherwise invalid. I/ ORDINANCE NO. 288 1: \voll\cwl\smokeord.a -4- PASSED, APPROVED, AND ADOPTED this 18th day of May, 1993 . Sri MAYOR ATTEST: Z-6,e19.1Z • TY CLERK State of California ) County of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of the members of the City Council of said City is four; that the foregoing Ordinance No. 288 passed first reading on May 4, 1993, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 18, 1993, and that the same was passed and adopted by the following roll call vote: AYES: KUYKENDALL, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE ABSENT: NONE ABSTAIN: NONE 421CAdi2_, CITY CLERK C ' OF RANCHO PALOS VERDES I/ ORDINANCE NO. 288 1: \voll\cwl\smokeord.a -5- ORD. NO. 288 RANCHO PALOS VERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says : That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes ; That on 5/20/93 , she caused to be posted the following document entitled: AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 8 . 28 TO REGULATE SMOKING IN RESTAURANTS , BARS AND CITY FACILITIES a copy of which is attached hereto , in the following locations : City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U . S . Post Office 28649 S . Western Ave . Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting . CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360