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Home My WebLink AboutORD 3185,. . • ORIGINAl ORDINANCE NO. 31 &5 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO &"\ENDING CHAPTER 9.14 Of' THE PALO ALTO MUNIC~PAL CODE P~GARDING SMOKING The Council of the City of Palo Alto does ORDAIN as follows: S ECT10N l. Section ·g .14. 010 and 9. 14.0 20 of the Palo Alto !>1unicipal Code are hereby amended to .read as follows: "9.14.dlO Definitions. The following words and phrases, whenever used in this chaptcri be construed as defined in this section: ........... ,.,. , 1 ;;} '.!0..!...!.. 11 (a) "Bar.u The term 11 bar" shall mean an area which is devoted to the serving of alcohol.ic beverages and in which the service of food is only incidental. to the consumption of such beveragesv ) II (h) 11Noticm picture theater. n '£he term "motion picture theater" shall mean any theater engaged in the business of exhibiting motion pictures. "(c) !'Smoking." '!'he term "smoking" shall mean the combustion of ?.ny cigar, cigarette, tr.~bacco, or any simila~ Br~icle or any other combust~ble sub stance in ~n~· munner or in any form. " "9 .14. 020 ~imoki:1g Prohibited--Elevators. Smoking is prohibited and is unlawful withrn-· elevators in buildings generally used by and open to the public." SECTION 2. Sections 9.14.040 through 9.14.090 are he~eby added to the Palo Alto Municipal Code to read as follows: •9~14.040 Smoking Prohibited--Public Meeting Rooms. Smoking is proFiibited and 1s unlawful in nearing rooms, conference rooms, chambers, places of public assembly in which p~blic business is con ducted; which requires or pro·1ides direct partici pation or observation by the general public." "9 .14. 050 S~uoking Prohibited--Theaters and Auditorium~ ~mnkinn io '"' .... '"''h~h .... ,.,~ -~~-'~ -~. __ ,_ ... .c .. , -.------"-----~:;. ~--.. ----.... "';) --L""'--...... .., .... \.oVY r.;.41U... .L.WO U.I,..LO.V'i'.L U.L. in every publicly or privately owned building or enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, music recital, athletic event, or any other performance or event iP. all a~eas except either (1} in that urea commonly known as lhe lobby, or { 2) in areas not open to the public.. Qve.ry • theater owner and/or manager shall post signs I --' . ' . conspicuously in the lobby stating thcit smoking is prohibited within the theater and auditorium, and ~n the case of motion picture theaters, such informa tion shall be shown upon the screen for at least fiv0 seconds prior to the showing of each feature motion picture." ~9.14.070 Smoking Prohibited~-Eating Est:~b- 1 i :.hments. Smoking is prohibited and is unla\·lful in every publicly or· privately owned coffee shop, caf~teria, short-order cafe r luncheonette, sand·· wich shop, soda fount~in, restaurant, or other eating eslu~)lishmcnt serving fooc whosG occupied cv.pacit.y is fifty (50) or more perso:ns, excluding from that calculation of capa~ity (1) any portion of such facilitv \·.'hich is located outdoors and (2) Z\JW :.)cn:tion-cf sur::h fc.cilitv \.,,hich :i.E> utilized " --for bar r·urposcs. Provided I ho\·:e::ver; this prohibi- tion shall not opply to any such establishmen't. rnainLainfn0 a contiguous no smoking area of not less than one-third of both the seati11g cnpac::.·ty and the floor space ir1 wnich customers are being served, cxc J U(1ing fl·om sa ici ca lculd tion:3 (1) any p0rt ion of such facility which is located outdoors and (2) any por~ion of such facility which is utilized for bar purposes. Fu~ther provided, however, thls prohibj_tion shall not c1pply to any rooms \-Jhich are being used for eating establishment p~rposes for private functions but only wh.ile any such room is used for such private fullctions. At the request of a 1-'atron, the patron shall be seatE'd in u nonsmoking area if available. 11 SECTION 3. Sections 9.14.040 and 9.14.050 are hereby renum b~red to rea0 as follows: "9.14.100 Posti~g ~f Signs Required. Except where other signs are required, ~hcnever in this code smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital letter ing not less than one inch in height, on a contrast ing background. Said signs shall be placed by the owner, operator, manager or other persons having control of such room, building or other place \'I here smoking is prohibited." "9.14.110 Violations to be Tnfractions. Vio lation cf any prov~s~on of thiS chapter shall be an infraction, puni.shable as provided in this code." SECTION 4. Severabilit:t. If any section, subsection, sentence, clau~e or phras~ of tlu~ chapter .i.s for any reason held to be in valid or unconstitutional, such decision shall not aff~ct ~he. validity of the remaining portions of ttis ~hapter. The Council hereby decla:ces that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or rhrases had been declared invalid o:r:-unconstitutioHal. -2- . ' ,. I • .. . .. ;I • SECTION ~.. The Council finds th~ t ncme of the provisions of this m1~11U-ncc will have a signi!'ica.nt ndversc environmcnt~l impact. SECTI()N 6. Th.is ordinance shall become effective upon the corrancri'C'(;rnc.·ntof the thirty-first day af tcr the day of its passage. INTRODUCED: February 4, 1980 P!I.SSED: February 19, 1980 AYES: Srenner, Eyerly, r-azlino, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon NOES: No;ne ABS'J.'ENTIO:~S: tlone .1\J:>,SJ~Ih': i~one N?PHOVED: -3-