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HomeMy WebLinkAboutMINUTES - 04161991 - 2.1 t _ CZ i r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 16 , 1991 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Smoking Ordinance Amendments The Board received the attached report dated April 3 , 1991 from Mark Finucane, Health Services Director, recommending amendments to strengthen the County' s smoking ordinance. Supervisor Sunne McPeak noted that in the Board' s referral to Health Services dated January 22, 1991, certain recommendations were made that had not been included in the attached report. She requested that the proposed amendments include banning smoking in enclosed areas such as shopping malls, requiring hotels and motels to establish smoke-free rooms, and restricting smoking at outdoor sports events. Supervisor Robert Schroder commented on the need for consistency in the smoking ordinances adopted by the County and the cities, and recommended that the proposed draft ordinance be forwarded to the City/County Relations Committee for review by the Mayors ' Conference. Supervisor McPeak referred to the posting requirements of Proposition 99 and inquired whether establishments were required to post relative to the potential hazards of smoking. She advised that she has seen such warning signs and requested that staff review the matter and determine the authority for such posting. Phyllis Roff, 2893 San Carlos Drive, Walnut Creek, expressed her support for the proposed amendments to the smoking ordinance. DeLois Basnett, 105 Astrid Drive, Pleasant Hill, representing the American Lung Association and the Smoking Education Coalition, encouraged the Board to strengthen the County' s smoking ordinance as recommended in the report from the Health Services Director. Supervisor Tom Powers referred to tobacco advertising near schools and on public transit vehicles used by school children. He recommended that some type of restriction on advertisements be included in the draft ordinance and further, that the transit districts be contacted relative to seeking their cooperation in banning advertising on their vehicles. After further discussion by the Board members, IT IS ORDERED that the following actions are APPROVED: 1) ACCEPTED report from the Health Services Director on proposed amendments to strengthen the County' s smoking ordinance; 1 2) DIRECTED County Counsel to prepare a draft ordinance for the Board' s consideration on May 21, 1991 which will include the Health Services Director' s recommended amendments as well as amendments relative to banning smoking in enclosed areas such as shopping malls, requiring hotels and motels to establish smoke-free rooms and restricting smoking at outdoor sports events; 3 ) REQUESTED County Counsel to explore the Board' s options relative to restricting tobacco advertising on transit vehicles, at sports arenas, etc. , and if feasible, to include that in the proposed ordinance; 4) REQUESTED County Counsel and Health Services Director to review posting requirements and the authority for such posting, for possible inclusion in the ordinance; 5) REQUESTED that the draft ordinance be transmitted to the City/County Relations Committee, the Mayors ' Conference, Contra Costa Council, Central Labor Council, County employee organizations, the Restaurant Association, Chambers of Commerce, and special districts; and 6 ) FIXED June 18, 1991 at 11:00 A.M. for public hearing on the amended smoking ordinance. cc: County Counsel Health Services Director I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: J` /(11, 4P'91_ PHIL 8 TR,clerk of the Board of Supervisors and County Administratw 2 TO: BOARD OF SUPERVISORS ........ Contra �r Costa FROM: Mark Finucane, Director `- - s Health Services Department County DATE: oos�q-couK`� `Pv April 3, 1991 SUBJECT: Smoking Ordinance Amendments SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: 1. Accept accompanying report from the Health Services Director of Proposed Amendments to Strengthen t h e County's Smoking Ordinance; 2 . Direct County Counsel to review the proposed language and present amendments to the ordinance in final form for the Board's consideration. II. FINANCIAL IMPACT: None direct. In 1985 an estimated $87. 5 million dollars was spent in Contra Costa County for medical care of tobacco related disease. III. BACKGROUND: In 1985 the Contra Costa County Board of Supervisors and the City Council 's of all 18 cities in Contra Costa adopted a uniform ordinance restricting smoking in public places and in the work place. Contra Costa County was the first multi-jurisdictional county in the United States to adopt uniform anti-smoking legislation. That legislation has been very successful in providing a model for other jurisdictions and in providing an environment in Contra Costa County that assists smokers in their efforts to break this life threatening addiction. Since 1985 new evidence has been developed documenting the effects of second hand smoke in causing heart disease and cancer among non-smokers, including children. In light of these findings, and the increased understanding of both the smoking and non-smoking public of the health risks of smoking and second hand smoke, the Health Services Department was asked to review the existing county ordinance and propose appropriate amendments. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): TION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HE Y CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND COR COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED HE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON DATE SHOWN. CC: SEE PACE 2 ATTESTED PHIL BATCHELOR,CLERK O BOARD OF SUPERVISORS AND COUNTY AD Mi TRATOR BY PUTY M382 (10/88) -2- The Health Services Department has reviewed the ordinance and discussed amendments with the Public & Environmental Health Advisory Board, the Smoking Education Coalition consisting of the American Lung Association, the American Cancer Society, and the American Heart Association, the Contra Costa Tobacco Control Coalition, and the Contra Costa Health Coalition. The proposed amendments would simplify and strengthen the ordinance and add provisions to limit youth access to tobacco products. IV. CONSEQUENCES OF NEGATIVE ACTION: Limit the protection provided to Contra Costa employees and public from the harmful effects of second hand smoke. Make addicting tobacco products more readily available to Contra Costa youth. c cc: Health Services Director Public Health Director Proposed Amendments to the Tobacco Ordinance I. EXECUTIVE SUMMARY In response to the request of the County Administrator, the following amendments are recommended to strengthen the County Smoking Ordinance. These recommendations were developed in consultation with members of the Public and Environmental Health Advisory Board, the Tobacco Control Coalition, the Smoking Education Coalition, and the Contra Costa Coalition. Limit Youth Access To Tobacco • Ban the distribution of tobacco product samples and coupons; • Ban the sale of tobacco products through vending machines; • Ban out-of-package sales of tobacco products; Clean Indoor Air • Complete ban on smoking in county-owned or leased facilities; • Complete ban on smoking in all enclosed work place areas; • Regulation of smoking in California businesses contracting with the County; and • Complete ban on smoking in restaurants, including bars sharing the same enclosed space with a restaurant. The ban on smoking in restaurants to be effective on November 21, the 1991 Great American Smokeout; the ban on smoking in work places to be effective as of January 1, 1992 ; all other amendments to be effective 90 days after passage. We have included proposed language for each amendment, and a description of the intent of the language. We recommend that County Counsel meet with Tobacco Control Project (TCP) staff to review the proposed language, to determine if it legally achieves the intention of the recommended amendments. Additional findings supporting the proposed amendments are included at the end of the memo. II. AMENDMENTS LIMITING YOUTH ACCESS TO TOBACCO PRODUCTS Definitions: (1) "Distribute" means to give, deliver, sell, offer to give, deliver, sell or cause or hire any person to give, deliver, sell. (2) "Vending machine" shall mean any mechanical, electronic or other similar device which automatically dispenses tobacco products, usually upon the insertion of a coin, token, or slug. (3) "General Public" shall mean shoppers, customers, patrons, patients, students, clients and other similar invitees of a Commercial Enterprise or Non-Profit Entity. (4) "Public" shall mean any area available to and customarily used by the general public. A. BAN THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND TOBACCO PRODUCT COUPONS Proposed language: (a) No person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute, or direct, authorize, or permit any agent or employee to distribute, (1) any cigarette or other tobacco or smoking product, including any smokeless tobacco product, or (2) coupons, certificates, or other written material which may be redeemed for tobacco products without charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building. (b) No agent or employee of any person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute, (1) any cigarette or other tobacco or smoking products, including any smokeless tobacco product, or (2) coupons, certificates, or other written material which may be redeemed for tobacco products without charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building. Intent: A complete ban on distribution of free or below cost tobacco products or coupons redeemable for free or below cost tobacco products at any public place or event. B. BAN THE SALE OF TOBACCO PRODUCTS THROUGH VENDING MACHINES Proposed language: (a) No person, firm, association or corporation shall place or maintain any coin operated vending machine which dispenses any tobacco product in any place open to the public. Any such vending machine in existence on the effective date of this ordinance shall be removed within ninety (90) days. (b) No agent or employee of any person, firm association or corporation shall place or maintain any coin operated vending machine which dispenses any tobacco product in any place open to the public. Any such vending machine in existence on the effective date of this ordinance shall be removed within ninety (90) days. (c) The County Finance Department shall not issue or renew any license or permit which authorizes or permits the installation or maintenance of any coin operated vending machine which dispenses any tobacco products in any place open to the public. Any person issued any such license or permit for calendar year 1991 prior to the effective date of this Ordinance shall be sent a copy of this Ordinance. Intent: A complete ban on sale of tobacco products through vending machines anywhere in the unincorporated area of the County. C. BAN OUT-OF-PACKAGE SALES OF TOBACCO PRODUCTS Proposed language: No person shall distribute tobacco products for commercial purposes other than in a sealed package provided by the manufacturer with the required health warning. Intent: A ban on out-of-package sale of individual cigarettes. D. BACKGROUND In November of last year, the Tobacco Control Project conducted a Youth Access to Tobacco Products study. The results documented the ease with which youth can obtain tobacco products in Contra Costa County. Under- age youth successfully purchased tobacco products almost 70% of the time over-the-counter; they were 100% successful in vending machine purchases. Minors participating in the study reported that stores in the county are selling individual cigarettes. Out-of-package cigarette sales are largely to minors, who lack the disposable income to purchase an entire pack of cigarettes. Children purchasing individual cigarettes never see any of the required Surgeon General's health warnings. A 1990 California Department of Health Services survey found a high level of support among nonsmokers and smokers for policies to restrict youth access to tobacco. Seventy-eight percent (78%) of nonsmokers and 51.7% of smokers support a ban on distribution of free samples, or coupons to obtain free samples by mail. There is even greater support for banning vending machines from areas where minors have access - 86. 9% of nonsmokers and 73 . 6% of smokers support such a ban. The proposed language banning distribution of tobacco samples and tobacco vending machines is consistent with the Smoking Education Coalition's (SEC) county-wide campaign to limit youth access to tobacco. SEC is planning an effort similar to its historic 1985 campaign which resulted in a consistent, county-wide smoking ordinance. SEC plans to introduce ordinance language on tobacco sampling and vending machines on the agenda of the eighteen City Councils. The goal is a uniform ordinance covering youth access to tobacco in all the Cities and the County. III. CLEAN INDOOR AIR AMENDMENTS A. COMPLETE BAN ON SMOKING IN COUNTY-OWNED OR -LEASED FACILITIES Proposed Language: (a) Smoking is prohibited in all buildings, vehicles, or other enclosed areas occupied by county employees, owned or leased by the county, or otherwise operated by the county. (b) This prohibition is applicable to the County Courthouse, including Jury Lounges and Jury Deliberation Rooms and the grounds of the County Jail and County Juvenile System facilities. Intent: Complete ban on smoking in any county work place. The grounds/campuses of the County Jail and any juvenile hall or group home facility would be considered a county work place for the purposes of the ordinance. Any employee or resident of these facilities must leave the grounds of the facility to smoke. B. COMPLETE BAN ON SMOKING IN ALL ENCLOSED WORK PLACE AREAS Proposed Language: (a) Smoking is prohibited in enclosed work areas, including, but not limited to, open office areas, shared office and private offices occupied by employees performing clerical, technical, administrative or other business or work functions; and, conference and meeting rooms, classrooms, auditoriums, rest rooms, medical facilities, hallways, and elevators. (b) On-site cafeterias, lunchrooms and lounges shall be deemed work places and smoking prohibited therein. Intent: Complete ban on smoking in any enclosed work place. C. REGULATION OF SMOKING IN CALIFORNIA BUSINESSES CONTRACTING WITH THE COUNTY Proposed Language: All California businesses with more than four (4) employees who enter into a contract with the county of Contra Costa shall have a work place policy that complies with the provisions contained in the applicable sections of the Ordinance which regulate smoking in public places, work places, and/or restaurants. Intent: As a condition of its contract, any business with more than four employees, whose primary operations are based in the state of California, must have a complete ban on smoking in the work place to enter into a contract with the County. D. COMPLETE BAN ON SMOKING IN RESTAURANTS Proposed Language: Smoking is prohibited within all restaurants. The owner, manager or operator of a restaurant shall designate all available customer seating as non-smoking The owner, manager or operator of the restaurant shall post signs as prescribed by Section 440-2.014 (a) and remove all ashtrays from tables. Where a bar shares the same enclosed area with a restaurant, the bar also shall be designated as non-smoking. Intent: Complete ban on smoking in all restaurants, regardless of size. The ban includes any bar or cocktail lounge which shares the same enclosed space with the seating area of a restaurant. IV. ADDITIONAL FINDINGS We recommend that 87-13 be amended to include the following findings: • Exposure of nonsmokers to second-hand cigarette smoke is the third leading preventable cause of death in the U.S. Each year in the U.S. , an estimated 53, 000 nonsmokers die of heart disease and cancers caused by their exposure to second-hand smoke. • More than three quarters of Contra Costa County residents are nonsmokers and the number of nonsmokers is increasing. Opinion surveys show that a majority of both smokers and nonsmokers favor restrictions on smoking in public places and places of employment.