19 - Laserfiche WebLink

FINANCIAL STATEMENT Allowing a smoking ban for select Downtown events will result in additional signage and enforcement costs of $5,000 to $10,000 per year (depending on the number of events which elect to be non-smoking). Adding a new study to the Work Plan Priorities will involve staff from the City Manager's Office, City Attorney's Office, Economic Development, Community Development and Police Department. BACKGROUND The Pleasanton Municipal Code's Health and Safety title includes two chapters broadly addressing smoking restrictions: Ch. 9.24 Smoking [Regulation] in Public and Work Places Ch. 9.32 Restrictions on Accessibility to Cigarette and other Tobacco Products These restrictions were adopted in 1986 and 1991, respectively.' The purpose of Ch. 9.24 is to reduce exposure to second hand smoke by prohibiting smoking in the work place, banning smoking in city enclosed facilities2, as well as restrict smoking in other places open to the general public. The purpose of Ch. 9.32 is to limit the availability of tobacco products to adults and minors (e.g. no free cigarettes, no unattended vending machines). These regulations were adopted as tobacco and smoking restrictions were enacted on a state-wide basis.3 When adopted originally, and as currently in force, the Municipal Code does not.impose smoking restrictions in private residential settings. Ch. 9.24 states (emphasis added): 9.24.060. Optional smoking areas. A. Notwithstanding Section 9.24.040 [prohibition of smoking in public places] and 9.24.050 [regulation of smoking in places of employment] to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: 1. Private residences, except when such residence is used at any time as a family day care home or a health care facility. ... These chapters have been modified over the years as state law and public policy has changed with regard to smoking in public places and workplaces.4 As a historical note, the first formal City Council action prohibiting smoking was Resolution 73-74 "Prohibiting the Smoking of Cigarettes, Cigars and Pipes in the City Council Chambers"—with smoking breaks allowed in the lobby. In addition, the prohibition against smoking in any enclosed building in a park and recreation facility was adopted in 1989 in Ch. 13.08 (Ord. 1428.) ' For example, AB 13 (1994) was the state law prohibiting smoking in most workplaces and SB 1927 (1994) addressed the problem of illegal youth access to tobacco products from retail stores and vending machines. 4 For example, when Ch. 9.24 was first adopted in 1986, restaurants were allowed to have a smoking section covering 60% of the restaurant seating area; and bars were still allowed to permit smoking. The Page 2 of 8