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04-761��rrs��� ��5//e5l WtTHDR�WN �J25�a�- ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented Referred To Council File # � � � ! � � Ordinance # Cneen Sheet #°� a S 1�� � Committee Date : An Ordinance p responsibilities THE Section 1. That the Saint 238 to read as follows: smoking in licensed liquor establishments and restaurants; creating �tors; prohibiting retaliation; and providing penalties for violation. OF THE CITY OF SAINT PAUL DOES ORDAIN: CHAPTER 238. ESTA] Sec. 238.01 Findings of Fact. The City Council finds that: Code be amended by adding thereto a new Chapter SMOHING IN LICENSED LIQUOR NTS AND RESTAURANTS - � Non-smoking sections in buildir�gs do"not eliminate non-smokers'exposure to second-hand smoke (U.S. Environmental Proteciion Agency Office of Air and Radiation IARC Scientific Publications 81:25-41, 1987); anc��, Carcinogens found in Environmental Tobacco Smoke (ETS) aze causally related to cancer. It is estimated that every yeaz 3,000 non-smokers in the U.S. die of lung cancer related to ETS (60 deaths in Minnesota). To date, over 50 substances in second-hand smoke have been identified as carcinogens. (U.S. Departmen�.of Health and Human Services; Health Effects of Exposure to Environmental Tobacc� Smoke, 1999); and Annually between 35,000 and 62,000 non-smokers die in tHe U.S.(700 to 1,240 deaths in MN) from Ischemic heart disease related to ETS (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999}; and Each year 9,700 to 18,600 low birth weight babies born in the U.S.(190 to 370 in Minnesota) are causally related to ETS (U.S. Department of Health and Humari Services; Health Effects of Exposure to Environmental Tobacco Smoke,1999); and Annually between 1,900 and 2,700 deaths from Sudden Infant Death Syndrome (SIDS) occur in the U.S. (30 to 50 deaths in Minnesota) related to ET5 (U.S. Deparhnent rub�i�smo�aao�t soscrom 7-zs-oa.�,a Page 1 of 7 � c�8� o�l-�c� d of Health and Human Services; Health Effects of Exposure to Environmental Tohacco Smoke, 1999); and Irritants in ETS cause 150,000 cases annually of bronchiris and pneumonia (3,000 cases in MN). Irritants also cause 700,000 cases annually of middle eaz infections in children in the U.S. (14,000 in Minnesota) (LT.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and ETS rapidly diffuses throughout a room. Using indoor air quality standards, venfllation rates would have to be increased more than a thousandfold to reduce cancer i� sk associated with ETS. 5uch ventilation rate would result in a virtual windstorm doors (Repace, 7. "Risk Management and Passive Smoking at Work and at Home," St. Lo University Pubiic Law Review, 13(2): 763-785, 1994); and �he U.S. Department of Health and Human Services Heaithy People 2010 has as one of �ts objectives to cut exposure to ETS by non-smokers from 65% in 1994 to 45% in 2010 ( S. Department of Health and Human Services Healthy People 2010, Washington D.C., U.Sl� Department of Health Human Services 2000); and Situ�g in a smoke-free section of a restaurant for two hours is like smoking 1'/z cigarettes (P�sentation by Katherine Hammond, PhD, University of California School of Public Heaith)�and R Nine out di ten non-smokers are exposed to ETS at least once every 2 to 3 days (Journal of the Am��ican Medical Association, 7anuary 1998). Despite the for�gc>i�g, many citizens choose to continue smoking and choose to patronize and to work in'bars and restaurants that pernut smoking. Sec.23$.02 Definitions. As used in this ordinance: (a) "establishmenY' mea the portion of a building, including the infrastructure, that is t ically reviewed, assessed, inspected, and included as part of the plan revie licensing, and monitoring processes of food andlor beverage facilities. also includes, in the case of mulri-putpose buildings and rooms and foi`the purposes of this ordinance, those portions of the building that are being�'ir,�ed for food and/or beverage services during an event. '� (b) "licensed liquor establishment" mear�s an establishment that has an on-sale intoxicating liquor license; ari bn-sale non-intoxicating liquor license ; a wine license andJor a s�ong beer license issued pursuant to Chapters 409 or 410 of the Sai�it Paul Legislative Code, as amended from time to time, but does not include the guest � rooms of a hotel or motel. � r� � ���Y PubGcSmokingotd Bostrom �-zs-oa.�a Page 2 of 7 ��� (c) "other person in charge" means the agent of the proprietor authorized to perform adiniuistrative direction to and general supervision of the aCtivities within a bar or restaurant at any given time. (d) "private ciub" shall mean an incorporated organization organized under the laws of the state for civic, fraternal, social, or business putposes; for inteilectual improvement, for promotion of sports, or for a congressionally chartered veterans' organization, which: (1) has more than 50 members; and (2) has owned or rented a building or space in a building for more than one yeaz that is suitable and adequate for the accommodation of its members; and � (3) is directed by a board of directors, executive committee, ar , other sunilar body chosen by the members at a meeting � held for that purpose. No member, officer, agent, ar `� employee sha11 receive any profit from the distribution or `� sale of beverages to the members of the club, or their � guests, beyond a reasonable salary or wage fixed and voted upon each yeaz by the governing body; and (4) es not restrict its membership on the basis of race, color, cr d, religion or national origin. Any private club's exe tion from the smoke-free provisions of this ordinance does n t apply when such organization is established to avoid co nliance with this Ordinance. (e) "proprietor' means the p ho holds the license or licences for a bar or restaurant. The term "propriet " may apply to a corporation as well as an individual. ( fl "restauranY' has the meaning sp'�cified in Legislative Code Section 331A.04(d)(17)(18)(19)(��0) or (21), as amended from time to time, but does not include d�tdoor areas and does not include the guest rooms of a hotel or`motel. (g) "smoking" sha11 mean inhaling, exhaling, bu cigar, cigazette, pipe, weed, other plant subsl smoking equipment in any manner or in any Sec.238.03 Prohibitions. or canying any fighted or other lighted (a) Except as provided in Section 238.03 (b), smoking is prol�il indoor areas of any restaurant and its indoor entrance areas, referred to as vestibules, aicoves, and foyers. Further. smol in all entertainment licenee. ` (b) The prohibitions of Secfion 238.03 (a) do not apply to the following or situations: rubii� smot�,g ora Boso-om 7-zs-oa wpa Page 3 of 7 �y -�l � t (1) Licensed liquor establishments, including those that are immediately adjacent to a restaurant, provided that the following separations are maintained: (i) The licensed liquor estabiishment is separated from the restaurant on all sides by continuous floor-to-ceiling walls, which are interrupted only by closeable doors, that are continuously closed, except when a person is actively entering or e�ting the bar; and (ii) The licensed liquor establishment ventilation systems are totally separated from the restaurant, with the licensed liquor establishment maintaining a negative air pressure in relation to the adjacent restaurant; and (iii) Whose revenues from the sales of beer, malt liquor, and intoxicating liquor is projected for an initial licensee to be - or is demonstrated for an existing licensee to be - more than 70 59 (percent) of the total of net sales of food and beverages, after taxes. These are the sales reported to � Federal and/or State Revenue Authorities from the most recent liquor licensing year; and (iv) Consistent with Minnesota Statute § 340A.503, Subd. 4. (b), the licensed liquor establishment does not pernut entrance or employment of minors at any time; and (v) , The licensed liquor establishment has the proper food andiing license issued by the city. (2) Restaur s, that are closed to the public while being used for a private fun` 'on. (3) Private clubs� the public that u by members are � (4) An event that inc city owned and r declared specific event. :pt when they are open to serve food or drink to not members of the club. Gnests accompanied � idered the same as members. xde licensed food and/or beverage service in any inage , building, when the city council has �ortions f the building to be exempt for the (c) Irrespective of any exceptions granted u er authority of this ordinance, compliance must be maintained with the 'nnesota Clean Indoor Air Act, as may be amended from time to time. (d) Sec. 238.04 (a) Exceptions based on false information and void. Responsibilities of Proprietors. Records required for exception (1) the city shall be null License renewal applicants claiming exception allowed Section 238.03 (b) of this ordinance, shall annually pro� � Public Smoking ord Bostrom 7-28-04.wpd Page 4 of 7 t� y -�[o l 1 conjunction with their license renewal documentation, a copy of 2 the annual report of food and liquor sales records as provided to 3 State Revenue Authorities from the most recent liquor licensing 4 year. The report shall be submitted with a form supplied by the 5 Office of License Inspection and Environmental Protection (LIEP) 6 "� and the information shall be provided under oath and penalty of 7 �,. pe�jury. The report and accompanying form shall be the basis for 8 �"� demonstrating whether or not the establishment continues to be 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 eligible for the exception from the smoke-free requirements of Section 238.03. Prospective licensees seeking to open such an establishment, with an exception from the smoke-free requirements of Section 238.03 in this ordinance, sha11 provide a notarized affidavit and agreement �n conjunction with their initial application for a license administered by the city. The affidavit and agreement shall show tha�� eir business plan projections indicate that they are eligibie for sue�h exception and that they will convert to a smoke-free status if their tecords indicate, aftez six calendar months of operation, that the busine�s is not eligible far continued exemption from the smoke-free �� Signage. (1) Where smoking is a7�lo� private club, or a faci�ia the propriator, or other sign at all entrances to following: (i) "This entire est ofthis ordinance. ;d in a licensed liquor establishment, in which private functions are conducted, � son in charge, shall conspicuously post a a�.�area or facility stating one of the (ii) "Warning -This area cancer, heart disease, is a designated smoking area" or ins tobacco smoke, which causes and can harm you, your unbom baby, and children" (2) If a licensed liquor establishment, priv�te club, or a facility in which private funcfions are conducted h'��S both smoke-free areas and a designated smoking azea, the propri�etor or other person in charge sha11 conspicuously post, in addifion�"t� those messages required by the Minnesota Clean Indoor Air A�t� signs at all initial entry points cleazly stating "Warning -This area c�ontains tobacco smoke." �, (3) The proprietor shall also clearly indicate those areasy�nsi� establishment where smoking is pernutted and those tY at smoke-free, through the use of signs as required in this o7 (4) The proprietor or other person in charge of a restaurant s conspicuously post a sign at all entrances to the restauran "This entire establishment is smoke-free." The sign shall the universal "no smoking" symbol. Public Smoking ord Bostrom 7-28-04.wpd Page 5 of 7 e the are v�f-�� I (5) The placement and size of lettezing for all signs and syznbols required under this ordinance shall be consistent with the Minnesota Clean Indoor Air Act, Minn. Stat. Sections 144. 411 to 144.417, and the Minnesota Clean Tndoor Air Act Rules, Minnesota Rules, Part 4620.0100 to 4620.1450. The proprietor or other person in charge shali ensure that ashtrays, lighters, and matchbooks are not provided in areas where smoking is prohibited. (d) '� The proprietor, or other person in chazge, shall ask any person who �smokes in an area where smoking is prohibited to refrain from smoking a�d, if the person does not refrain from smoking after being asked to do so; shall ask the person to leave. If the offending party refuses to leave, the operat,or shall handle the situation consistent with lawful methods for handli� other persons acting in a disorderly manner or as a trespasser. Sec. 238.05 Prohibitions. Nothing in this ordinance prev ts the proprietor or other person in charge of any place, including, without limitation, an�} esidence, motor vehicle or outdoor space from prohibiting smoking in any such pla�e. Sec. 238.Q6 Retaliation Prohibitecl. No person or employer shall discharge, refuse� o hire, or in any manner retaliate against, any employee, applicant for employment, or cus�mer because the employee, applicant or customer makes a report or files a complaint allegii�g a violation of this ordinance. Sec.238.07. Violations. A violation of this ordinance shall be punishable as a petty Sec. 238.10. Severability. If any section or portion of this ordinance shall be found unconstitutic invalid or unenforceable by a court of competent jurisdiction, that fin serve as an invalidation, or affect the validity or enforceability of any provision of this ardinance. or otherwise � shali not r'section or Public Smoking ord Bostrom 7-28-04.wpd Page 6 of 7 �� � ��� o�-��� 7 Section 2. This ardinance shall become effective thirty (30) days after passage, approval and publication, or March 31, 2005, wluch ever is later Aequested by By: Byc Approved by Mayor: nate By: Public Smoking ocd Bostiom 7-28-04.wpd Form Appr,b,Ged by City a...�`�� ��,� �f Approved by Mayor for By: Page 7 of of: .����� to Council � Adopted by Council: Date Adoption Certified by Council Secretaxy Wi1Mt1VI/OFFICHCOUNCIL onreixrtuTEn � I � CITYCOUNCII, July28,2004 , GREEN SHEET � CT PFRSON 8 PHONE � � In� cilmember Dan Bostrom 68660 �� 1 os��c� No 2p5158 ■ u �.,�,��� u m,.� _ � ❑�..,.� ❑��_ ❑ �,��. ❑ �,�„�� ❑�,ro.��.�.,w., ❑ TOTAL # SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ,� . CTION REQUESTm " ' ' � �' ` An ordinance prohibiting smokin in licensed liquorestablishments and restaurants; creating responsibiliries foiproprietors; prohibiting retaliarion; and providing penalries violation PLANNING COMMISSION CIB COMMiTfEE CIVIL SERViCE COMMISSION IFAPPROVED AMOUOIT OF TRANSACTION RSONALSERVICE WNiRAGf5MU5TANSWERiHEFOLLOWINGQUESIIONS: Has this perso�rtn ever worked under a wntract for this departmeM? ves rio Has Ihis person/firtn evw been a ciry empbyee? VES NO- this person/frtn pasess a sidll not nwmalyposses,aed by any wrtent city emplayee? VES NO �s mis Mfilm a taro�ea venaon YE , NO L COSTIREVENUE BUDfiEfED (qRCLE IN1� ACTMTY NUMBER ��:C7 (EXPWN) c.�. � - �� � Helgen Amendment 8/4/2004 Sea 238.03 (a) After "foyer", Further, smoking is prohibited in all indoar areas, including indoor entrance areas commonly referred to as vestibules, alcoves and foyers of any facility that holds an entertainment license.