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HomeMy WebLinkAboutMINUTES - 01221991 - 1.21 1-021 `Yl TO: BOARD OF SUPERVISORS 5----L Contra FROM: v� Costa Phil Batchelor, County Administrator .: County DATE: cOTr' �Py January 9, 1991 SUBJECT: LEGISLATION - SB 93 (Boatwright) SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt a position in SUPPORT of SB 93 by Senator Boatwright which would prohibit smoking in restaurants, medical facilities and public buildings, require specified posting of signs and make violations infractions subject to a specified fine. BACKGROUND: The Board of Supervisors has for some time provided essential leadership in the effort to convince people to give up smoking or not to ever start smoking. The Board has also provided leadership by regulating smoking in county buildings and elsewhere in the workplace and in restaurants in order to protect the rights of non smokers. Senator Boatwright has now introduced SB 93 which, as introduced, would do all of the following: 1. Prohibit smoking in any eating establishment, defined as any publicly or privately owned restaurant, coffee shop, cafeteria, short order cafe, luncheonette, soda fountain, bar, or other establishment primarily engaged in serving food or beverages to the general public. 2. Prohibit smoking in any medical care facility, defined as any health facility or clinic as defined in the Health & CONTINUED ON ATTACHMENT:Y-e$_YES SIGNATURE: G�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): L ACTION OF BOARD ON January 2 2, 1991 APPROVED AS RECOMMENDED _2S. OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. JAN 21 X91 CC: ATTESTED County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF Health Services Director SUPERVISORS AND COUNTY ADMINISTRATOR Public Health Director Les Spahnn SRJ. Jackson, Barish & Assoc. BY DEPUTY M382 (10/88) Safety Code, or any facility in which a physician and surgeon provides health care to patients. 3 . Prohibit smoking in any public building, defined as any building or portion thereof owned or leased by any state, regional or local governmental entity. 4 . In regard to an eating establishment, prohibit the owner or employee to serve food or beverages to any person smoking within the establishment. 5. Require that every eating establishment, medical care facility and public building be posted with "no smoking" signs. These signs must say "no smoking" , include the international no smoking symbol, and contain the words "smoking is a violation of state law punishable by a fine of $50 or $100" . The signs must be posted not less than five feet nor more than eight feet above floor level and be of sufficient number and location to cause the message of the signs to be clearly visible and readable. As an alternative, eating establishments may place a small . sign containing this same information on each table. 6. The bill specifically says it does not preempt local ordinances which contain provisions more stringent than those contained in this bill. 7 . A violation of any provision of the bill is made an infraction. A fine of $50 for a first offense and $100 for a second or subsequent offense is specified. 8. It is made a misdemeanor for the owner or manager of or any employer conducting business in an eating establishment, medical care facility or public building to knowingly and willfully allow the violation of this chapter. 9 . The bill includes a severability clause so that if one provision is held to be unconstitutional or otherwise invalid, the balance of the bill can still be enforced. SB 93 appears to be the next logical step in regulating smoking in public places and appears to be consistent with previous positions taken by the Board of Supervisors. Given the mounting evidence of the damage which can be caused by second hand smoke, it appears that there is little choice from a public health perspective but to prohibit all smoking in such places as eating establishments, medical care facilities and public buildings. It is, therefore, recommended that the Board of Supervisors indicate their support for SB 93 as introduced, recognizing that the bill will probably undergo several sets of amendments before final passage.