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Home My WebLink AboutMINUTES - 01221991 - S.1 _i Td-- y. BOARD OF SUPERVISORS p` Contra FROM: SUNNE WRIGHT MC PEAK Costa DATI.: January 2 2 , 1991 County SUBJECT: Review of Smoking Ordinance with Goal to Make. Contra Costa County Smokefree SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Request the Public and Environmental Health Advisory Board to review the county' s current Smoking Ordinance (85-57) with a goal of making Contra Costa County smokefree. This review should include input from the American Cancer Society, the American Heart Association, and the American Lung Association, and such other organizations as may be interested in this issue. Input from the cities should be sought by the PEHAB to ensure a consensus approach countywide. Upon completion of review, the matter should be referred to the Internal Operations Committee for further action by the Board of Supervisors . BACKGROUND It is timely to once again review our current "no-smoking" policy, to update and strengthen it to move towards the goal of making Contra Costa totally smokefree including prohibiting smoking in most or all enclosed spaces, such as restaurants and covered shopping malls, and to strictly regulate the placement of cigarette vending machines so as to prevent easy access by minors . Attached is an analysis of alternatives for amendments to the ordinance that should be reviewed and considered by PEHAB. I. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON January 22, 1991 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X_ UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORSONTHE DATE SHOWN. CC: Public Health Director ATTESTED as /99/ County Achunistrator .::`, ?atCt,�!d, M.-ark 0 tris:C n-o—i 0 C. VanMarter, CAC5aidsCounlyAdmirsiS`isc:wr M382/7-83 BY DEPUTY RECEIVED Board of SupervisorsCount Administrator Contra n Q Tom Powers County Administration Building Costa Ost1st District ��JJJ 651 Pine Street, 11th Floor `C.l Nancy C. Fanden Martinez,California 945532nd District County / (415)646-4080 L�/ WL-V__-- Robert I. Schroder Phil Batchelor 3rd District County Administrator ��^ ° _ _ Sunne Wright McPeak 4th District �►— t Tom Torlakson 5th District CUe`? TO: Sunne McPeak January 9, 1991 Supervisor, District 4 FROM: Phil Batchelor COUNTY SMOKING ORDINANCE Cou ty A ini rator XLZ Mark Finuca Health Services Director In response to your memo of December 28, 1990, we have identified a number of areas where the County Smoking Ordinance could be updated and strengthened to move towards the goal of making Contra Costa County smoke free. In putting forward these suggestions we have drawn on the extensive work of the Contra Costa County Smoking Education Coalition, as well as reviewed some of the most strict anti-smoking ordinances nationwide. The existing provisions in the county ordinance could be strengthened in the following ways: o Workplace: Phased in complete ban on smoking or strengthen the partial ban in place. o Restaurants: Phased in complete smoking ban, or increase percentage of designated non-smoking seating. o Bars: Introduce designated non-smoking seating or a phased in complete ban on smoking. o Enclosed Spaces: Add language specifically restrict- ing or banning smoking in the following areas: - hotel/motel rooms : designated non- smoking rooms - sports arenas: phased in complete ban or strengthen partial ban in place. - recreation halls: create a new category in definitions, complete ban in establishments frequented primarily by children, phased in complete or partial ban in establishments frequented by adults . - stores: specify what is covered more completely than is done in current ordinance. 4 Schools : (Section 440-2. 008 (8) and (10 ) Include restrictions on smoking in private schools, trade, craft, computer or other vocational/technical training programs (See Sacramento Ordinance, Section 37 . 18 for language) . ADDITIONS TO THE CURRENT ORDINANCE A. Ban on Vending Machines, Free Distribution of Tobacco Products As you know, the Smoking Education Coalition is gearing up to seek a ban on vending machines and on free distribution of tobacco products in the County. Their language should be available after the SEC meeting Tuesday, January 8 . The Health Services Department "sting" operation demonstrated that minors as young as eight or nine years old have no difficulty purchasing cigarettes from vending machines anywhere in the county. B. Ban Out of Package Sales Sales of single cigarettes are generally to minors who may not have enough disposable income to buy a full pack. These sales are also problematic because the customer does not see any of the Surgeon General's health warnings .. C. Licensure to Sell Tobacco Products Several local ordinances have instituted the practice of licensing tobacco merchants, similar in purpose to an alcohol license. Licensing can be expected to improve merchant compliance with sales to minors laws, as they would risk losing their license to sell tobacco if caught selling to underage youth. Depending on the cost of a license, this would either be fiscally neutral or would generate county revenues . Several local ordinances at the city and county level around the country have introduced licensure of tobacco merchants, including the City of Duluth, Minnesota. D. Restrictions on Advertising There is evidence that tobacco advertising does encourage youth to begin smoking. Thus, restrictions on tobacco advertising could be expected to reduce the rate at which children begin to smoke. These restrictions could cover a variety of places, all of which are frequented heavily by children: 5 o Within 5000 feet of schools, parks and other areas where children congregate o In any county-owned athletic facility o On county public transit vehicles Sample language has been developed by American's for Non- smoker' s Rights . The Tobacco Institute has recently generated some positive press for stating that it wants to discourage minors from using tobacco products . The Institute specifically stated that it supported restrictions on tobacco advertising near schools . CONCLUSIONS We have outlined a number of areas where the current County Smoking Ordinance could be strengthened or extended. In particular, strengthening the provisions on smoking in restaurants, the workplace, and some enclosed spaces such as stores could be the most productive. In addition, a total ban on the sale of cigarettes through vending machines could be most effective in preventing the sale of cigarettes to children. We would recommend that these possible changes in the ordinance be reviewed by the County Smoking Education Coalition as well as the Public and Environmental Health Advisory Board, as the SEC is very actively involved in this area. PB:MF:WB: jb COSMOKORD