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Chapter 20.5 REGULATION OF SMOKING*
*Editor's note: Section 1 of Ord. No. 874, adopted Aug. 10, 1993, amended Ch. 20.5 to read as
herein set out. Prior to such amendment, Ch. 20.5 consisted of§§ 20.5-1--20.5-12, which pertained to
smoking and derived from § 1 of Ord. No. 766, adopted May 12, 1987.
Sec. 20.5-1. Legislative intent.
The City Council of the City of Belmont finds and declares as follows:
(a) Numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution; and
(b) Reliable studies have shown that breathing secondhand smoke is a significant
health hazard for certain population groups, including elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease; and
(c) Health hazards induced by breathing secondhand smoke include lung cancer,
respiratory function, bronchoconstriction, and bronchospasm; and
(d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill
effects of breathing secondhand smoke may experience a loss of job productivity or may
be forced to take periodic sickleave because of adverse reactions to same; and
(e) Numerous studies have shown that a majority of both nonsmokers and smokers
desire to have restriction on smoking in public places; and
(� The purpose of this chapter is to protect the public health and welfare by regulating
smoking in public places as set forth herein.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-2. Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined
in this section:
(a) Bar is an enclosed and separate area which is devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the consumption of such
beverages.
(b) Bar area within an eating esfablishment is an area which is fifteen (15) feet or less
from the perimeter of a permanent counter which is primarily devoted to serving
alcoholic beverages and within which the service of food is only incidental to the
consumption of such beverages. The director of community development or his or her
designee may extend the fifteen-foot limit to encompass a larger area upon a
demonstration by the owner of an establishment that such area is primarily devoted to
the serving of alcoholic beverages and the service of food is only incidental to the
consumption of such beverages.
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(c) Dining area means an enclosed area containing tables or counters upon which
meals are served.
(d) Employee means any person who is employed by an employer in consideration for
direct or indirect monetary wages or profit.
(e) Employer means any person who employs the services of an individual person.
(t� Enclosed means closed in by a roof and by walls on at least three (3) sides.
(g) Open fo the public means available for use by or accessible to the general public
during the normal course of business conducted by either private or public entities.
(h) Place of employment means any enclosed area under the control of a public or
private employer which empfoyees normally frequent during the course of employment,
including, but not limited to:
(1) Conference and classrooms;
(2) Employee cafeterias;
(3) Employee lounges;
(4) Hallways;
(5) Work area.
A private residence is not a "place of employment" unless it is used as a child care or
health care facility, and the dining area of a restaurant is not a "place of employment."
(i) Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette,
tavern, cocktail lounge, sandwich stand, soda fountain, private and public school
cafeteria or eating establishment, and any other eating establishment, organization, club
(including veterans' club), boardinghouse or guesthouse, the primary function of which is
to give, sell or offer for sale food to the public, guests, patrons or employees; except that
the term "restaurant" shall not include a tavern or a cocktail lounge if the tavern or
cocktail lounge is a "bar" as defined in such subsection (a) of this section.
(j) Retail tobacco store means a retail store utilized primarily for the sale of tobacco
products and tobacco accessories and in which the sale of other products is merely
incidental.
(k) Semiprivate room means a room in a public or private health care facility containing
two (2) beds for patients of the facility.
(I) Service line means any indoor line at which one (1) or more persons are waiting for
or receiving service of any kind, whether or not such service involves the exchange of
money.
(m) Smoke or smoking means and includes inhaling or exhaling upon, burning or
carrying any lighted smoking equipment for tobacco, or any other plant or product used
for the personal habit commonly known as smoking.
(n) Smoking victim means any person present in a place where smoking is prohibited
pursuant to section 20.5-3 of this chapter at the time that smoking occurs in such a
place.
(o) Sports arena means sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, rol{er and ice rinks, bowling alleys and other similar places where
members of the public assemble to engage in physical exercise, participate in athletic
competition or witness sports events.
(Ord. No. 874, § 1, 8-10-93)
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Sec. 20.5-3. Prohibition of smoking in public places.
Smoking shall be prohibited in the following public places and other public places similarly
situated, including, but not limited to, the following areas:
(a) All enclosed areas available to and customarily used by the general public,
including, but not limited to, all "public places" as defined in this chapter;
(b) Elevators, escalators and stairvvays;
(c} Pub{ic restrooms;
(d) 5ervice lines;
(e) Buses, taxicabs and other means of public transit operating under the authority of
the City of Belmont, and ticket, boarding and waiting areas of public transit depots;
(fl All reception and waiting areas;
(g) Galleries, libraries and museums;
(h) All enclosed areas, including vehicles, owned or operated by the City of Belmont, or
any other government entity within the City of Belmont;
(i) Restaurants, both enclosed and outside areas;
(j) Libraries and museums;
(k) Any building not open to the sky which is used primarily for exhibiting any motion
picture, stage drama, lecture, musical recital or other similar performance, except when
smoking is part of any such production;
(I) Enclosed sports arenas and convention halls;
(m) Doctors' offices, dentists' o�ces, waiting rooms, hallways, wards and semiprivate
rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy
facilities and offices of all other health care providers;
(n) Lobbies, hallways, stairwells and other common areas in apartment buildings,
condominiums, senior citizen retirement or residential care houses, nursing homes and
other multiresidential facilities and buildings; and
(o) Public phone areas.
Notice of prohibition of smoking shall be posted.
(Ord. No. 874, § 1, 8-10-93}
Sec. 20.5-4. Regulation of smoking in places of employment.
(a) Smoking is prohibited in all places of employment as defined in this chapter, except those
places where smoking is not controlled under this chapter. This regulation applies to all private,
public and nonprofit employers in the City of Belmont.
(b) All employers, within the City of Belmont, shali communicate notice of the provisions of this
chapter to their employees, within ninety (90) days of the date of adoption of this.chapter.
(Ord. No. 874, § 1, 8-10-93)
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Sec. 20.5-5. Smoking not controlled.
(a) Notwithstanding any other provision of this chapter to the contrary, the following enclosed
areas shall not be subject to the provisions of this chapter:
(1) Bars and bar areas of restaurants;
(2) Private residences, except when the residences are utilized as a health care facility,
child care facility, family care home, foster care center, group home or senior care home;
(3) Retail tobacco stores;
(4) Hotel and motel lodging rooms rented to guests;
(5) Any conference or meeting room in hotels or motels or private banquet area when
these places are being used for private functions.
(b) Notwithstanding any other provision of this chapter any owner, proprietor, manager or other
person who controls any public place described in this section may declare that entire public
place as nonsmoking.
(c) All newly established bars in restaurants receiving a certificate of occupancy, and all
existing bars and bar areas in restaurants, the state license for which are transferred voluntarily
or involuntarily, after the effective date of this chapter, shall in order to be eligible for the
exemption under this section, have a ventilation system separate from that of any public place in
which smoking is not permitted by this chapter. The reason for this requirement is to prevent
venting or circulation of smoke from the bar into any other public place. Filtering of air in the bar
shall not be deemed compliance with this section. Smoking will not be permitted in newly
esiablished bar areas in restaurants.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-6. Posting requirements.
(a) Each owner, operator, manager or other person having control of a public place or place of
employment within which smoking is regulated by this chapter, shall conspicuously post "No
Smoking" signs with letters not less than one (1) inch in height or the international "No Smoking"
symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with
a red bar across it. At least one (1) sign shall be placed at the entrance to every applicable
facility.
(b) An owner, operator or manager of a building in which pursuant to these regulations there is
no smoking permitted in any space in the building, may limit the "No Smoking" postings ta first
floor entrances and exits and to elevator lobby areas of all other floors.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-7. Enforcement.
(a) It shall be the responsibility of the city manager or his/her designee to enforce the
provisions of this chapter.
(b} Any owner, manager, operator or employer of any establishment subject to this chapter
shall have the responsibility to inform any apparent violator, whether public or employee, about
any smoking restrictions in said establishment.
(c) Any citizen who desires to register a complaint hereunder may do so by sending a letter to
the city council, mayor or city manage�.
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(d) Notice of these requirements shall be given every new business license applicant, and
every existing business licensee at the time of business license renewal.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-8. Nondiscrimination.
No person sha11 discharge, refuse to hire or in any manner discriminate against any employee or
applicant for employment because such employee or applicant exercises any rights afforded by this
section.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-9. Violations and penalties.
(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of
any premises subject to regulation under this chapter to fail to comply with any of its provisions.
(b) It is unlawful for any person to smoke in any area where smoking is prohibited by the
provisions of this chapter.
(c) It is unlawful for any person who owns or controls premises subject to the prohibitions of
this chapter to fail to post sign(s) as required by this chapter.
(d) Any person who violates any provision of this chapter shall be guilty of an infraction,
punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation.
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of this
chapter within one (1) year.
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of
this chapter within one (1) year.
(e) Violation of the provisions of this chapter are declared to be a public nuisance which may
be abated by appropriate civil action.
(� The remedies provided by this section are cumulative and are in addition to any other
remedy existing at law or in equity.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-10. Private claim/action.
Any aggrieved person under this chapter may bring a civil action to compel compliance with this
chapter, provided that the person shall have first requested in writing that the city take appropriate
enforcement action and the city shall have failed to do so after forty-five (45) days.
(Ord. No. 874, § 1, 8-10-93)
Sec. 20.5-11. Public education.
The city manager or his/her designee shall engage in a continuing program to explain and
clarify the purposes of this chapter to citizens affected by it, and guide owners, operators, and
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� managers in their compliance with it. Wthin ninety (90) days of enactment of this chapter, the
city manager shall have prepared a brochure which can be used to explain the ordinance [chapter] to
businesses and citizens and can be enclosed in letters sent pertaining to complaints.
(Ord. No. 874, § 1, 8-10-93)
Secs. 20.5-12--20.5-19. Reserved.
Sec. 20.5-20. Purpose.
The city council of the City of Belmont finds as follows:
(a) The surgeon general of the United States and the U.S. department of health and
human services have found that a majority of those Americans who died of tobacco
caused diseases became addicted to nicotine in tobacco products as adolescents before
the age of legal consent.
(b) Cigarette smoking and other tobacco use by minors to be a continuing problem with
grave and public health consequences.
(c) The surgeon general of the United States has called for a ban on the sale of
cigarettes by vending machines.
(d) The availability of cigarettes and tobacco products marketed through vending
machines which dispense such products and when tobacco products are openly
displayed and easily accessible it promotes the use of tobacco products among minors
contrary to existing state laws which prohibit the sale or distribution of cigarettes and/or
tobacco products to persons under the age of eighteen (18).
(Ord. No. 902, 1-23-96)
Sec. 20.5-21. Tobacco product defined.
"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff
or any other form of tobacco which may be utilized for smoking, chewing, inhalation or by means of
ingestion.
(Ord. No. 902, 1-23-96)
Sec. 20.5-22. Vending machine; sales prohibited.
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a
vending machine or appliance, or other device designed or used for vending purposes.
(Ord. No. 902, 1-23-96)
Sec. 20.5-23. Self-service displays prohibited.
(a) No person, firm, association, or corporation shall sell, permit to be sold, or offer for sale any
cigarette or other tobacco product by means of self-service displays or by any means other than
vendor-assisted sales.
(b) Self-service display shall mean an open display of tobacco products that the public has
access to without the intervention or assistance of an employee. Vendor assisted shall mean
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� that only a store employee has access to the tobacco product and assists the customer by
supplying the product.
(c) A business which meets all of the following criteria shall be exempt from this section:
(1) Allows members only to purchase products.
(2) Requires all members to be eighteen (18) years or older.
(Ord. No. 902, 1-23-96)
Sec. 20.5-24. Violations and penalties.
(a) Any person who violates any provision of this chapter shall be guilty of an infraction,
punishable by:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation.
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of this
chapter within one (1) year.
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of
this chapter within one (1) year.
(b) Violation of the provisions in this chapter are declared to be a public nuisance which may
be abated by appropriate civil action.
(c) The remedies provided by this section are cumulative and are in addition to any other
remedy existing at law or in equity.
(Ord. No. 902, 1-23-96)
I/Belmont, CalifornialCODE OF ORDINANCES City of BELMONT, CALIFORNIA Codified
through Ord. No. 1022, adopted Oct. 10, 2006.�(Supplement No. 29)/Chapter 20.5
REGULATION OF SMOKING*
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