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Home My WebLink AboutORD 3618........... ______________ _ I ORIGINAL ORDINANC£ NO. 3618 ORDINANCg Of THE COUNCIL OF THE CITY OP PALO ALTO AMENDING CHAPTER 9.14 OP TBB PALO ALTO NUNICIP"L CODE TO I.NCREAS£ THE REQUIRED NO SMOIUNG AREA IN RESTAOAAHTS MID TO PROHIBIT SMOKING IN THE OfFICE l«lRKPt.ACB C~FBTB'~IAS, LUNCHROOMS, AND EMPLOYEE LOC~GES WHICa ARE: LESS THAN 650 SQUARE FEET IN SIZE The Council of the City of Palo Alto does ORDAIN as follows: SECTION t. Section 9.14.010 of the Palo Alto Municipal Code is hereby amended to read as follows: 9.14.010 DefinitiOGS. The following ~ords and phrases, whenever used in this chapter, sh~ll be co~strued as defined in this section: {a) •aar" aeans an area which is devoted to the serving of alcc~olic beverages and in which the service of food is or.ly inciuental to the consump tion of such b~~~rages. • Eating establ i~hntent • 11eans every eub licl or rivatel o"meo ~ sho , cafete!:l"a"" short-order ca e, luncheonette, sandwlch s op, soda fountain, restaurant, or otner establish•ent serv-ing rooa to -.w.&rs ol the public. r . (c) • bployer• •ea.ns any person "'ho employs the services of an individual person. (d) 11 8•ployee• 11eana any person who is ea ployed by any eaployer in consideration for direct or indirect -.onetary waqes· o.~ profit. (e) •snclose<J• aeans closed ir~ by a roof aud four walls · with appropriate openi1~gs for . in.gress and egress and is not intend~ to •oean areas COIII ~K>nly described ~s public lobbies. (f) •Mot ion picture theater• •eans any the ater enqa.ged in tbe business of exhibi.ting 110tion pictures. (g) •office workplace• •eans any enclosed· area of a structure or portion thereof intended for occupancy by business entities vl'lich will provide priaarily clerical, professional, or business ser vices of the business entity, or which will provide primarily cle~icalr prof~ssional, or business ser vices to other business entities or to the public, at .that location. Office workplace includes, but is not liratted to, office spaces in· office build.;. inqs, medical office waiting rooas, libraries, museuas, h~spitals, and nursing h011es. .......... ______________ __ I (h) "S.oking• aeans the coabustion of any cigar, cigarette, tobacco, or any siailar article or any other coabustible substance in any •anner or in any forJR. SECTION 2. Section 9.14,060 of the Palo Alto Municipal Code hereby amended to read as follows: 9.14.010 s.okiag probibited-a.t.iag e8.t.ab list.ents. (a) hting establistments for fifty or .ore persons.. Smoking is prohibited and is unlawful in every eating establish•ent ~-i~-y--or--p~i va~ely-~-~~~~r-~~~~--~~ere-erder ee~eT-~~~~-~~~-~~-~-fo~n~e~ftT res~cun~ane.,-~ e.eher--1!'e.~-i~-eetab-1 ish•er*--serYin~ reed whose occupied capacity is fifty or more per s.:>ns .• excl ud in9 from that calculation of capacity ariy portion of such facility which is located out doors and any portion of such facility which is utilized for bar purposes; p~ovided, bovever, this prohibition shall not apply to any such establish ment maintaining a contiquous no s•oking area of not less than ~ne-eh~rs ~ixty P!rcent (60') of both the seating capacity and the floor space in which custo.ers are being served, excluding from sa~d calculations any portion of such facility . wh·ich is located outdoors and any portion of such f.a.cility which is otili:z:~ for bar purposes: fur ther provided, however, this probibitior. shall not apply to any roo•s wbich are being used for eating establ i$haent purposes for private functions, but only while any such roc. is, us~ for such pcivate f·unctions. At the request of a patron, tbe patron shall be se.-ted in a nonRaoking area if available. (b) Batt.g •UNu .. ••t.a t. f-r tJaaa fifty .· pe~~ Any eati29 . establishllent whose occupied ca12acitx is feweJ: tlian flft:t eers~ns aay either· ptohfbit::.-s.110k.ing in. the entire area or ~r mit Sl!lQltfpg. Notic~ ,o,t_ the oeerati: ._; fOlicy .Ql' such. eatl!19 ~tab,llsliaen~ aust be ·. eosted at all. entrances to suefi eating eatibiisliie''nt. (e) Oa~ eat.bg ..... f'ifty 50\) of outdoor eati areas for all~....;e_a~t~.-i-n-...-..-i-"..__ fns is erohibi.ted and unlawful ln such areas. SECTION 3. S~ct,ion 9.14.090(a·)(2) of the Palo Alto Municipal CodE: is her,by aaended to read as follc~s: -2- '' ,.·, ; ,: ., I ........... ______________ __ (2) Provision and aaintenance of an exclusive no smoking area In cafeterias. lunchrooas. arid employee loun~es of less than 6so sguare feet in. area. Provis1on and aaintenance of a contiguous no smoking area of not less than two-thirds of the seating capacity and floor space in eaployee cafe ter:las, lunchrooas, and ~api-eyeei lounges of 6SO S!..r. more square feet. in arr:.~~. Fift,x f!rcent ( Sq' 1 of out door eating area seatinq shall be reserved and designated a nonsmoking area and provided that, with respect to employee lounges, where there is ~ ore r han one such lounge in any building an e• ployer fuay comply with this section by designating not less than half the number of such lounges and not less than helf the s~uare footage of such lounges as no smoking. The employer: shall define the term •lounge" in its smoking policy. SECTION 4. The Council finds that none of the provisions of this ordinance Wlll have a significant environmental intpact. SECTION 5. This ordinance shall becor~e effective upon the co. mencement of-the thit'ty-first day after the qay of its passa9e. INTRODUCED: May 20, 1985 PASSED~ June'3, 1985 AYES: Bechtel, Cobb, Fletcher, t\lein, Levy, Renzel, Sutorius., Woolley NOES; None I ABSTENTIONS: None -3-