HomeMy WebLinkAboutAgenda Report - May 16, 1990 (77)RECOMMENDED ACTION: Council consideration of the attached draft smoking
ordinances .
BACKGROUND INFORMATION: At the "shirtsleeve" session of April 10, 1990, two
of the attached three draft ordinances for the
- regulation of smoking in public places were presented
to the Council. Both regulated smoking in certain designated public places
and places of employment, with Option 1 being the more stringent version. At
that time, it was directed that the proposed ordinances be returred to the
Council at a regular meeting for consideration and possible adoption.
Based on Council input since that time, a third option has been drafted. This
version would be the most stringent of all, and would be an absolute
prohibition of smoking in specified public places, with no provisions for
designating portions of restaurants, waiting rooms, etc. as "smoking" areas.
All options now contain the same set of findings for consistency sake.
Options Nos. 1 and 3 specify that the Fire Marshal shall be the official
responsible for enforcement of the smoking ordinance. This is consistent with
most other jurisdictions which have smoking ordinances.
A brief synopsis of each of the proposed ordinances might be useful.
OPTION 1.
This option would apply to any employer having one or more employees [Section
030(5)],and gives the employer 60 days in which to adopt a smoking policy.
[Section .050(6)]. It further allows any employee to designate his or her
workspace "smoke free".
This version of the ordinance requires that at least 50% or more of all
seating i n such places as restaurants, waiting rooms, etc. be designated
nonsmoking. It is an infraction punishable by a maximum fine of $500. There
are no waivers or exemptions provided for deviation from the requirements of
the ordinance.
OPTION 2.
This version applies to a I I employers having 5 or more employees, excluding
owners [Section .020(F)] and allows the employer 90 days in which to adopt a
smoking policy [.040(0)]. The stated goal of the ordinance i s to provide for
a "reasonable balance" between the rights of smokers and nonsmokers.
City Attorney
SMOKES/TXTA .01V
It wouldrestaurants `. having Gess . than',000 ""square"` feet;: of "
customer,. seating [Section. >..020(J) and otherwise'provides..,for'nonsmoking. areas,
with a minimum of 50Z of the square footage to be"-designated nonsmoking.
Although "i 1s an infraction "also, it does..not specify.fines nor"designate an"
::
official ._ to enforce ;the :ordinance.:: It ,provides z for :waivers 'under::' unusual
circumstances":`such as financial hardship or structural infeasibility [.080].
OPTION 3. ,
ThIs_�s sim�larj_to Option 1 in aii respects, except :that iL does:no t"°allow .:for ..
the desigiation of sei aside areas rwithin fac�-lities to -.be deemed .:"smoking"
areas. ;It generaliy:prohtiiis smoking in ail "public places" as. 'defined. t
The "only::difference::In :this version is :that- it allows owners` to'~set aside
¥
smoking' areas" in em io .ee loun es ,for use, by: employees, as "long as uch area
�s separated rom :p aces:n" w. ch ;the, public, may ::.be present, by ovalis ;and
doors through wh:ch smcke cannot easily pass.
None,: of'---the ;ordinances would ;require :employers. or business: owners to make
structural changes to implement he proposed ordinances.
s
Respectfullf submitted,
BOB McNATT
City Attorney
SMOKES/TXTA .01V
SEC . 8.16.020 Findings and Purpose
SEC. 8.16.030 Definitions
SEC. 8.16.040 Prohibition of Smoking in Public Places
SEC. 8.16.050 Regulation of Smoking in Places of Employment
SEC. 8.16.060 Where Smoking Not Regulated
SEC. 8.16.070 Posting of Signs
SEC. 8.16.080 Enforcement
SEC. 8.16.090 Violations and Penalties
SEC. 8.16.100 Non -retaliation
SEC. 8.16.110 Governmental Agency Cooperation
SEC. 8.16.120 Other Applicable taws
SEC. 8.16.130 Severability
SEC. 8.16.140 Effective Date
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Sec. 8.16.020 FINDINGS AND PURPOSE.
The Lodi City Council hereby finds that:
s
Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution; and x.
Reliable studies have shown that breathing second-hand 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
Health hazards induced by breathing second-hand smoke include
lung cancer, respiratory infection, decreased exercise tolerance,
decreased respiratory function,
spasm; and
bronchoconstriction, and broncho -
Nonsmokers with allergies, respiratory diseases and those who
suffer other ill effects of breathing second-hand smoke may experience
a loss of job productivity or may be forced to take periodic sick leave
because of adverse reactions to same; and
Numerous studies have shown that a majority of both nonsmokers
and smokers desire to have restrictions on smoking on public places and
pi aces of employment -
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The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
1. 'Bar" means an 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.
2. "Business" means any sole proprietorship, partnership, joint
venture, corporation or other business entity formed for
profit-making purposes, including retail establishments where
goods or
services
�� xe
as
Smoking is a documented cause of fires; and :cigarette and :cigar
as professional
burns and ash stains on merchandise and fixtures cause economic losses
and other
to businesses,
where
legal ,
medical, dental,
Accordie gly, the City Council and declares that the
.finds .
purposes of this ordinance are 1) to protect the:: public .health and:
welfare by prohibiting smoking in public places except in designated
smoking areas; and by regulating smoking: in places `of employment; and`
2) to strike a reasonable balance between the needs of smokers and the
need of nonsmokers to breathe smoke-free air, and to recognize that,
where these needs conflict, the need to breathe smoke-free air shall
have priority.
1
i
Sec. 8.16.030 DEFINITIONS.
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
1. 'Bar" means an 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.
2. "Business" means any sole proprietorship, partnership, joint
venture, corporation or other business entity formed for
profit-making purposes, including retail establishments where
goods or
services
are sold
as
well
as professional
corporations
and other
entities
where
legal ,
medical, dental,
engineering, architectural, or other professional services are
delivered.
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5. "Employer" means any person, partnership, corporation, or
nonprofit entity, including a municipal corporation, who
employs the services of one or more persons.
6. "Enclosed" means closed in by roof and four walls with
appropriate openings for ingress and egress.
7. "Nonprofit Entity" means any corporation, unincorporated
association, or other entity created for charitable,
educational, political , social, or other similar purposes, the
net proceeds from the operations of which are committed to the
promotion of the objects or purposes of the organization and
not to private financial gain. A public agency is not a
"nonprofit entity" within the meaning of this section.
8. "Place of Employment" means any enclosed area under the
control of a public or private employer which employees
normally frequent during the course of employment, including
but not limited to, work areas, employee lounges, and
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9.
facilities,
public transportation
facilities,
reception areas,
restaurants,
retail food
production
and marketing
establishments, retail service establishments, retail stores,
theaters, and waiting rooms.
10. "Restaurant" means any coffee
shop,
cafeteria,
tavern,
sandwich stand, soda fountain,
private
or public
school
cafeteria, and any other eating establishment, Organization,
club, boardinghouse, or guesthouse, which gives or offers
food for sale to the public, guests, patrons, or employees,
except that the term "restaurant" shall not include a cocktail
lounge or tavern if said cocktail lounge or tavern is a "bar"
as defined in Section 8.16.030 (1).
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14. "Sports Arena" means sports pavilions, gymnasiums, health
spas, boxing arenas, swimming pools, roller 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.
Sec. 8.16.040 PROHIBITION OF SMOKING IN PUBLIC PLACES.
A. Smoking shall be prohibited in all enclosed public places within
the City, including, but not limited to the following places:
1. Elevators and restrooms .
2. Buses, taxicabs and other means of public transit ender the
authority of the City, and in ticket, boarding, and waiting
areas of public transit depots; provided, however, that this
prohibition does not prevent (a) the establishment of separate
waiting areas for smokers and nonsmokers, of equal size or
.M
5. Retail food marketing establishments, including grocery stores
and supermarkets, except those areas of such establishments ....
set aside for the purpose of serving of food and drink,
restrooms and offices, and areas thereof not open to the
public, which may be otherwise regulated by this chapter.
F
6. All areas available to and customarily used by the general
public in all businesses and nonprofit entities patronized by
the public, including, but not limited to, business offices,
banks, hotels and motels.
7. Restaurants,
provided, however, that
this prohibition
does not
prevent (a)
the designation of a
contiguous area
within a
restaurant that contains a maximum of 50% of the seating
capacity
of the restaurant
as a smoking area,
or (b) providing
separate
rooms designated
as smoking rooms,
so long as said
rooms do not contain more than 50%of the seating capacity of
the restaurant.
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10. Every room, chamber, and place of meeting or public assembly,
including school buildings under the control of any board,
council, commission, committee, or agencies of the City or any
political subdivision of the State during such time as a
public meeting is in progress, to the extent such place is
subject to the jurisdiction of the City.
11. Doctors' offices, dentists' offices, waiting rooms, hallways,
wards, and semi -private rooms of health facilities, including,
but not limited to, hospitals, clinics, and physical therapy
facilities. In bed space areas of health facilities used for
two or more patients, smoking shall be prohibited unless all
patients within the room are smokers and request in writing
upon the health care facility's admission forms to be placed
in a room where smoking 1s permitted.
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4
12. Polling Places.
& Notwithstanding any other provision of this section, any owner,
operator, manager or other person Wlu controls any establishment
described in this section may declare that entire establishment as
a nonsmoking establishment.
. r.
Sec. 8.16.050 REGULATION OF SMOKING IN PLACES OF EMPLOYMENT.
A. It shall be the responsibility of employers to provide smoke-free
areas for nonsmoking employees within existing facilities to the
maximum extent possible, but employers are not required to incur
any expense to make structural or other physical modifications in
providing these areas.
B. Within 60 days of the effective date of this chapter, each employer
and each place of employment located within the City shall adopt,
implement, make known and maintain a written smoking policy, which
shall contain at a minimum the following requirements:
1. Any employee in a place of employment shall have the right to
designate his or her work area as a nonsmoking area and to
post the same with an appropriate sign or signs, to be
proviaed by the employer.
2. Prohibition of smoking in auditoriums, classrooms, conference
and meeting rooms, elevators, hallways, medical facilities,
and res trooms.
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3. Provision and maintenance of separate and contiguous
nonsmoking areas of not less than fifty percent of the seating
capacity and floor space in cafeterias, lunchrooms and
employee lounges or provision and maintenance of separate and
equal -sized cafeterias, lunchrooms and employee lounges for
smokers and nonsmokers.
4 In any dispute arising under this smoking policy, the health
concerns of the nonsmoker shall be given precedence.
C. The smoking policy shall be communicated to all employees within
three weeks of its adoption.
D. All employers shall supply a written copy of the smoking policy to
any prospective employee.
-E. Notwithstanding any other provisions of this section, every
employer shall have the right to designate any place of employment,
or any portion thereof, as a nonsmoking area.
Sec. 8.16.060 WHERE SMOKING NOT REGULATED.
A. Notwithstanding any other provisions of this Ordinance to the
contrary, the following areas shall not be subject to the smoking
restrictions of this chapter:
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4
1. Bars.
2. Private residences, except when used as a child care or a
health care facility.
1.
3. Hotel and motel rooms rented to guests.
4, Retai 1 tobacco stores.
5. Restaurant, hotel and motel conference or meeting rooms, and
public and private assembly rooms while these places are being
used for private functions.
6. A private enclosed place occupied exclusively by smokers, even
though such a place may be visited by nonsmokers.
B. Notwithstanding any other provision of this section, any owner,
operator, manager, or other person who controls any establishment
described in this section may declare that entire establishment, or
any portion thereof, as a nonsmoking establishment.
Sec. 8.16.070
POSTING OF SIGNS.
A. "Smoking"
or "No Smoking" signs,
whichever
are appropriate, with
letters
of not less than 1" 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
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it) shall be clearly, sufficiently and conspicuously posted in
every building or other place where smoking is controlled by this
chapter, by the owner, operator, manager or other person having
control of such building or other place.
B. Every theater owner, manager or operator shall conspicuously post
signs in the lobby stating that smoking is prohibited within the
theater or auditorium, and in the case of motion'picture theaters,
such information shall be shown upon the screen for at least five
seconds prior to the showing of each feature motion picture.
C. Every restaurant shall have posted at every entrance a sign clearly
stating that a nonsmoking section is available and the size of that
section. Every
patron shall be asked
as to his or
her preference
by the host or
hostess (if one is
on duty). A
person taking
reservations for
a restaurant shall
likewise ask
if there is a
nonsmoking or smoking preference.
Sec. 8.16.080 ENFORCEMENT.
A. Enforcement shall be implemented by the ire Marshal.
B. Any citizen who desires to registe,• a complaint hereunder may
initiate enforcement with the Fire Marshal.
-12.
C. Any owner, manager, operator or employer of any establishment
controlled by this chapter shall have the right to inform persons
violating this chapter of the appropriate provisions thereof.
D. Notwithstanding any other provisions of this chapter, a private
citizen may bring legal action to enforce this chapter.
Sec. 8.16.090 VIOLATIONS AND PENALTIES.
A. It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any Premises subject to the
regulation under this chapter to fail to comply with its
provisions. The owner, manager or operator of a restaurant shall
not be deemed in violation of Sec. 8.16.070 (C) if the host or
hostess of the restaurant fails to ask the seating preference of
patrons, but shall be deemed in violation thereof if the restaurant
has no stated policy requiring that patrons be asked their
preference.
B. It
shall be unlawful
for
any person to smoke in any area restricted
by
the provisions of
this
chapter.
C. Any person who violates any provision of this chapter shall be
guilty of an infraction, punishable by:
4
1. A fine, not exceeding $100, for first violation;
2. A fine, not exceeding $200, for a second violation of this
chapter within 1 year;
3. A fine, not exceeding $500, for each additional violation of
this chapter within I year;
Sec. 8.16.100 NON -RETALIATION.
No person or employer shall discharge, refuse to hire, or in any
manner, retaliate against any employee or applicant for employment
because such employee or applicant exercises any rights afforded by
this chapter.
Sec. 8.16. 110 GOVERNMENTAL AGENCY COOPERATION.
The City Manager shall annually request other governmental and
educational agencies having facilities within the City to establish
local operating procedures in cooperation and compliance with this
chapter. The City Manager shall urge Federal, State, County and
special school district agencies to enforce their existing smoking
control regulations and to comply voluntarily with this chapter.
4
Sec. 8.16.120 OTHER APPLICABLE LAWS.
This chapter shall not be interpreted or construed to permit
F
smoking where it is otherwise restricted by other applicable laws. -
Sec. 8.16.130 SEVERABILITY.
If any provision or clause of this Ordinance or the application
thereof to any person or circumstances held to be unconstitutional or
to be otherwise invalid by any court of competent jurisdiction, such
invalidity shall not affect other Ordinance provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end the provisions and
clauses of this Ordinance are declared to be severable.
Sec. 8.16.140 EFFECTIVE DATE,
This
chapter
shall be in
force and take effect thirty (30) days
from and
after its
passage and
approval.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
Nets Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi.
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Approved this day of
JOHN R. SNIDER
Mayor
Attest:
ALICE M REWHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No.1488 was introduced at a regular meeting of the City
Council of the City of Lodi held May 16, 1990 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
1 further certify that Ordinance No. 1488 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORDSMOKI/TXTA.OIV
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ALICE M. RE Aa E
City Clerk
4
LDRAFT21
ORDINANCE NO. 1488 OPTION 2
AN ORDINANCE OF THE LODI CITY COUNCIL
RBa ATM OR PROHIBITING SMOKING III CER AV PUBLIC PLACES AND IN
PLACES OF EMPLOYMENT.
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 8 - Health and Safety - is
hereby amended by adding a new Chapter 8.16 regarding the regulation of
smoking, as follows: ,
SEC. 8.16.010 Findings and Purpose.
SDC. 8.16.020 Definitions,
SEC.
8.16.030
Regulation
of smoking.
SEC.
8.16.040
Regulation
of smoking in places of employment.
SEC.
8.16.050
Ability to
declare any area as no smoking.
SEC.
8.16.060
Posting of
signs.
SEC.
8.16.070
Violations
and penalties.
SEC.
8.16.080
Exemptions.
SEC.
8.16.090
Other applicable
laws.
Sec. 8.16.010 FINDINGS AND PURPOSE.
The Lodi City Council hereby finds that:
Numerous studies have found that tobacco smoke is a m%. or
contributor to indoor air pollution; and
Reliable studies have shown that breathing second-hand smoke is
significant health hazard for certain population groups, including
elderly people, individuals with cardiovascular disease, and
-I-
individuals with impaired respiratory function, including asthmatics
and those with obstructive airway disease; and
Health hazards induced by breathing second-hand smoke include
lung cancer, respiratory infection, decreased exercise tolerance,
decreased respiratory function,
spasm; and
bronchoconstriction, and broncho -
Nonsmokers with allergies, respiratory diseases and those who
suffer other ill effects of breathing second-hand smoke may experience
a loss of job productivity or may be forced to take periodic sick leave
because of adverse reactions to same; and
Numerous studies have shown that a majority of both nonsmokers
and smokers desire to have restrictions OR smoking on public places and
places of employment.
Smoking is a documented cause of fires; and cigarette and cicar
burns and ash stains on merchandise and fixtures cause economic losses
to businesses.
Accordingly, the City Council finds and declares that the
purposes of this ordinance are 1) to protect the public health and
welfare by prohibiting smoking in public places except in designated
smoking areas; and by regulating smoking in places of employment; and
2) to strike a reasonable balance betareen the needs of smokers and the
need of nonsmokers to breathe smoke-free air, and to recognize that,
where these needs conflict, the need to breathe smoke-free air shall
have priority.
See. 8.16.020 DEFINITIONS.
For the purposes of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
A. 'Bar" means an area which is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which
the serving of food is only incidental to the consumption of such
beverages. Although a restaurant may contain a bar, the term
"bar" shall not include the restaurant dining area.
5. "Business" means any sole proprietorship, partnership, joint
venture, corporation or other business entity formed for
profitmaking purposes, including retail establishments where
goods or services are sold, as well as professional corporations
and other entities where legal, medical, dental, engineering,
architectural or other professional services are provided.
C. "Customer service ares" means any enclosed area of any business
or public place covered hereunder to which customers or members
of the public have access, including, but not limited to,
hallways, waiting areas, lobbies or portions of a dining area not
occupied by counters or tables.
D. "Dining ares" means any enclosed area containing a counter and/or
tables upon which food is served.
E. "Employee" means any person who is employed by any employer in
the consideration for direct or indirect monetary wages or
profit, and any person who volunteers his or her services for a
nonprofit entity.
Y•
rt=
F. "Employer" means any person, partnership, firm or corporation,
including a municipal corporation or nonprofit entity, who?
employes the services of five or more individual persons,
exclusive of owners, partners, corporate officers or persons
averaging fewer than twenty work -hours per week. Si
p
G. "Nonprofit entity" means any corporation, unincorporated
association or other entity created for charitable,
philanthropic, educational, character -building, political, social
or other similar purposes, the net proceeds from the operations
of which are committed to the promotion of the objects or
purposes of the organization and not to private financial gain.
A public agency is not a nonprofit entity within the meaning of
this section.
H "Place of employment" means any enclosed area under the control
of a public or private employer which employees normally frequent
during the course of employment, including, but not limited to,
work areas, employee i ounges , and restrooms , conference and
classrooms, employees' cafeterias, hallways, and employer -
furnished high -occupancy motor vehicles. "Place of employment"
shall not include:
-4-
1. A private residence, unless it is used as a licensed child
care or health facility; or
2. The dining area of a restaurant.
I, "Public place" means any enclosed area to which the public is
invited or permitted, including but not limited to:
1. Banks;
2. Educational facilities;
3. Shopping malls;
4. Health facilities, including waiting rooms, hallways, wards,
and semiprivate rooms of hospitals, clinics, physical therapy
facilities; doctor's and dentist's offices;
5, Public transportation facilities including buses, taxicabs
and other means of public transit under the jurisdiction of
the City as well as enclosed ticket, boarding and waiting
areas of public transit depots;
6. Reception areas, customer service areas, waiting rooms and
lobbies, including theater lobbies;
7. Service lines;
8. Restaurants;
S. Retail food production and marketing establishments;
10. Retail service establishments;
11. Retail stores;
12. Theaters which are enclosed;
13. All areas available to and customarily used by the general
public in professional offices and buildings;
14. Restrooms;
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r_
-
z
21. Polling places.
"Public place" shall not include a private residence unless it is
used as a licensed child care or health care facility.
3. "Restaurant" means any enclosed coffee shop, cafeteria,
luncheonette, tavern, cocktai 1 lounge, sandwich stand, soda
fountain, private or public school cafeteria or eating
establishment, and any other eating establishment, including any
organization, club (including veterans' club), boardinghouse or
guest house which gives or offers for sale food to the public, as
well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering facilities. "Restaurant"
1.2
15.
Elevators;
lb.
, Public places of exhibition such a§
d8ileries, JAHHO. and:
museums;
r
17,.
Eh os sports facilities;
28.
onvention
19..
Every room, chamber, place of meeting; or public assembly`..-.
including 7schlool., buildings which are,
under the control of any
board, council, commission, committee, including joint
co mittees or. agencies, of the
Cityor ..any political
subdivision of -the State*durin g such
time as. a public meeting.
is -in .progress, to the extent .that-
such., place is .subject to
the iuricdictinn of tho City -
20.
Meetings to which the general public
is invited; and
21. Polling places.
"Public place" shall not include a private residence unless it is
used as a licensed child care or health care facility.
3. "Restaurant" means any enclosed coffee shop, cafeteria,
luncheonette, tavern, cocktai 1 lounge, sandwich stand, soda
fountain, private or public school cafeteria or eating
establishment, and any other eating establishment, including any
organization, club (including veterans' club), boardinghouse or
guest house which gives or offers for sale food to the public, as
well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering facilities. "Restaurant"
1.2
K. "Retail tobacco store" means,a retail store utilized primarily for
the sale of tobacco products and accessories and in which the sale
of other products is merely incidental.
it
L. "Service line" means any indoor line at which one or rnore persons
5
are waiting for or receiving services of any kind, whether or not 3
such service involves the exchange of money.
M. "Smoking" means inhaling, exhaling, burning or carrying any
lighted pipe, cigar, or cigarette of any kind.
N. "Sports facility" means enclosed sports pavilions, gymnasiums,
health spas, boxing arenas, swimming pools, roller and ice rinks,
bowling alleys, and other similar places where members of the
general public assemble either to engage in physical exercise,
participate in athletic competition or witness sports events.
0. "Theater" means any indoor auditorium, arena or other similar type
structure which is used for the exhibition of motion pictures,
plays, concerts, lectures or other similar situations in which an
audience comes to view some type of performance.
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Sec:`8.26.030► nEULLAU OF 946KW
A. Except as provided. below, smo ing shall be prohibited in the
following places
1. Public -places as %daf i n&AA n ubjection I of Section 8.16.020;
2. Elevators, whether or not open to the public; and
3. Restrooms whether or not open to the public.
B. Notwithstanding any other provision of this chapter, smoking shall
be allowed in the following places:
1. Bars;
2. Retail tobacco stores;
3. Private residences, except why used as a licensed child care
or health care facility;
4. Hotel and motel rooms; however, nothing herein prohibits the
designation of certain rooms as "no -smoking" rooms;
5. Restaurant, hotel, motel, conference or other meeting rooms
and public and private assembly rooms, when these places are
being used for private functions; however, nothing herein
prevents persons or entities in charge of such private
functions from declaring the room or a designated portion
thereof to be a "no -smoking" room for the duration of the
private use;
6. In designated areas of reception areas, customer service
areas, waiting rooms and lobbies, provided that:
a. Separate waiting areas of equal size have been
established for smokers and nonsmokers, or
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_o
M.:
b. Al of such an area has been'
least fifty, :p.ec%�i
,.
designated as ."no smoking•;;`
7.
Bed. space areas of semiprivate rooms, of health_ faci sties.:<
...n.
where all patients within the room are--smokers and request in
e
-.
writing upon .the health care facility's.admiss'ion formto be
placed in a 'room where. smoking 1s permitted;
}
a.
In designated areas of estaurtsq,�provided.that:
a. A contiguous area containing at least fifty percent :;off
the v. has :been designated-,.as "no smoking", ; ... ...
eating c� _
.apaci
` .
.......
or
h Separate rooms are provided for smokets and nonsmokers
so long as the rooms designated for smoking do no�
contain more than fifty percent of the total seating
capacity of the restaurant, or in any restaurant which
has an aggregate dining area and customer service area of
less than one thousand square feet;
9.
In designated smoking areas in any other public place that is
separate from the main place and will not infringe on the
rights of nonsmokers who have corm to use a public place
for its primary purpose; and
10.
In any bank, shopping mall, retail food production and
marketing establishment, retail service establishment or
retail store having a customer service area of less than one
thousand square feet of gross floor area.
_o
-10-
D. All employers shall provide a copy of the smoking policy upon
request to any prospective or present employee.
Sec. 8.16.050 ABILITY TO DECLARE ANY AREA AS "NO SMOKING".
Notwithstanding any other provision of this chapter, nothing herein
prohibits any owner, employer, operator, manager, association, common
interest development, or other person who controls any place, whether
regulated by this chapter or not, from declaring that entire place as a
"no -smoking" area.
Sec. 8.16.060 POSTING OF SIGNS.
A. "Smoking" or "No Smoking" signs, whichever is appropriate, shall be
clearly, sufficiently and conspicuously posted in every building or
-11-
C. Every restaurant shall have posted at every public entrance a
conspicuous sign clearly stating the. smoking policy of the
est abl i shment .
Sec. 8.16.070 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. Any person who violates any provision of this chapter shall be
guilty of an infraction.
-12-
smoking where it is otherwise restricted or prohibited by other
applicable laws.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
hews Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
-13-
-16 080 ;`'EMPTIONS
r
A. Any. owner,. operator or manager ofa business or, other establishment:
subject to thi5:: chapter may apply to theCity' for an exemption to`:
anyprovision hereof due" to `unusual circumstances,,. :conditions.
Exemptions may be granted on a showing of financial
impracticability 0 physical/structural infeasibility.
B. Such exempticn may be granted only if the City Anager finds; from
the evidence presented by the applicant that it is financially'
impracticable or physicaly/structurally-infeasible. lwith,
this chapter.
Sec. 8.16.090 OTHER APPLICABLE LAWS.
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted or prohibited by other
applicable laws.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
hews Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
-13-
I further certify that Ordinance No. 1488 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved a s to Form
t
BOBBY W. McNATT
City Attorney
ORDSMOK2/TXTA.OIV
-14-
ti
Approved Lhis day of.:
r
2
Wip
jUHN.IR... SNIDER.I:
May
Attest:
ALICE. M. REIMCHE
R ,
City Clerk
State of California
County of San Joaquin, ss:
I, Alice M. Reimche, City. Clerk of the City nf i ndi _ do .h@rebv certif%
}
that Ordinance No.1488 was
introduced at a regular meeting of the City
Council of the City of Lodi
held N* 16, 1990 and was thereafter
passed, adopted and ordered
Council held
to print at a regular meeting of said
by the following
vote:
Ayes: Council
Members -
Noes: Council
Members -
Absent: Council
Members -
Abstain: Council
Members -
I further certify that Ordinance No. 1488 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved a s to Form
t
BOBBY W. McNATT
City Attorney
ORDSMOK2/TXTA.OIV
-14-
SEC. 8.16.090 Violations and Penalties
SEC. 8.16.100 Non -retaliation
SEC. 8.16.110 Governmental Agency Cooperation
SEC. 8.16.120 Other Applicable Laws
SEC. 8.16.130 Severability
SEC. 8.16.140 Effective Date
ORDINANCENO. 1488 0 PTI 0 N`-`
AN ORDINANCE ;OF THE LODI CITY_ COUNCIL
REGULATING OR-PROHIBITING: SMOKING `IN'CERTAIN PUBLIC PLACES
AND . IN PLACES OF'�EMPLOYNiENT '
BE IT ORDAINED BY "THE. LODI.CITY COUNCIL. AS FOLLOWS:
SECTION 1 Lodi Municipal Code 'Title 8 - :Health and 'Safety - is
hereby amended by adding a new Chapter 8.16 regarding-the regulation of
_:.
smoking, as follows.
'
SEC. 8.16.010 Title.
s
SEC. 8.16.020 Findings and Purpose
SEC. 8.15.030 Definitions
SEC. 8.16.040 Prohibition of Smoking in Public Places
SEC. 8.16.060 Regulation of Smoking in Places of Employment
SEC. 8.16.060 Where Smoking Not Regulated
SEC. 8.16.070 Posting of Signs
SEC. 8.16.090 Enforcement
SEC. 8.16.090 Violations and Penalties
SEC. 8.16.100 Non -retaliation
SEC. 8.16.110 Governmental Agency Cooperation
SEC. 8.16.120 Other Applicable Laws
SEC. 8.16.130 Severability
SEC. 8.16.140 Effective Date
lung cancer, respiratory infection, decreased exercise tolerance,
decreased respiratory function, bronchoconstriction, and broncho-
spasm; and
Nonsmokers with allergies, respiratory diseases and those who
suffer other ill effects of breathing second-hand smoke may experience
a loss of job productivity or may be forced to take periodic sick leave
because of adverse reactions to same; and
Numercus studies have shown that a majority of both nonsmokers
and smokers desire to have restrictions on smoking on public places and
places of employment.
-2-
1. "Bar" means an 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.
2 "Business" means any sole proprietorship, partnership, joint
venture, corporation or other business entity formed for
profit-making purposes, including retail establishments where
goods or services are sold as well as professional
corporations and other entities where legal, medical, dental,
engineering, architectural, or other professional services are
delivered.
-3-
Smoking is a documented cause of
fires; and cigarette and cigar
burns and ash stains on merchandise and
fixtures cause economic losses
to businesses.
Accordingly, -the City. :Council
finds and declares that: the
.ems
pur oses .of this ;ordinance are.=
p p 1) to
4
protect the, public health and
welfare by prohibiting smoking in specified public places by regulating
smoking inplaces,of employment; and.:2)
to strike a reasonable balance
between the needs' of smokers and the
need of nonsmokers to breathe
smoke-free air, and to recognize that,
where these, needs `confIict, the
need to breathe smoke-free air shall have
priority.
See. 8.16.030 DEFINITIONS.
The following words and phrases,
a
whenever used in this chapter,
shall be construed as defined in this section:
1. "Bar" means an 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.
2 "Business" means any sole proprietorship, partnership, joint
venture, corporation or other business entity formed for
profit-making purposes, including retail establishments where
goods or services are sold as well as professional
corporations and other entities where legal, medical, dental,
engineering, architectural, or other professional services are
delivered.
-3-
promotion of the objects
or purposes
of the
organization and
not to private financial
gain. A
public
t
agency is not a
"nonprofit entity" within
the meaning
TVI
3.
"Dining .Area" means any enclosed area ,containing:a counter or
tables 'upon which meals are served.;
4.-
"Em 1p ee" means an x
p Y y person who is employed by any empioyer�n
consideratioh-for direct or indirect monetary wages or:"profit;
r
and any person who volunteers his or -her services. for a
nonprofit entity...,
5.
"Employer" means any person, partners p, corpora tion,__,or.;
nonprofit entity, including a municipal corporation, who
emp:oys the services of one or more persons. `
6_
Enclased means closed in,. by roof .and four walls with
appropriate openings for ingress and egress.
}
7.
"Nonprofit Entity" means any corporation, unincorporated
association, or other entity created for charitable,
educational, political, social, or other similar purposes, the
net proceeds from the operations of which are committed to the
promotion of the objects
or purposes
of the
organization and
not to private financial
gain. A
public
t
agency is not a
"nonprofit entity" within
the meaning
of this
section.
8. "Place of Employment" means any enclosed area under the
control of a public or private employer which employees
normally frequent during the course of employment, including
but not limited to, work areas, employee lounges, and
-4-
w uacu as a WI 1 I u bat a, us a rrra r LivLar C ► a� ► ► e �,y. _
- a--.,�-.
x=
b.' . The dining area of a restaurant s :not a "plac2: - of
_... ..
employments.
9:: "Publ�c`Place" means�ahy enclosed area -to which the public -"is
invited or in which the public is permitted, jncludingSut
not limited. to: banks, educational fad 7ities health
facilities, public transportation fay►pities, reception areas,_.
restaurants" retail food productiow and marketing
y;
establishments- r__"
theaters, and w-4*-^^ „^^^
10. "Restaurant" means any coffee shop, cafeteria, tavern,
sandwich stand, soda fountain, private or public school
cafeteria, and, any other eating establishment, organization,
club, boardinghouse, or guesthouse, which gives or offers
food for sale to the public, guests, patrons, or employees,
except that the term "restaurant" shall not include a cocktail
lounge or tavern if said cocktail lounge or tavern is a "bar"
as defined in Section 8.16.030 (1).
-5-
wns.., ... ..... ..,.. .. :,.,•.', R.=<*F
NhiYr ,q., v.:.:w^c <wy(,, <;.a — _
Y
f
11.
"Retail Tobacco Store"> means a retail store uti]'ized primer�ly
for the sale of tobacco products and accessories.
F
12:
"Service Line" means 'any
indoor line at -: which
t,
persons are wai ung for be receiving service of any kind,`:
whether, or not such service^includes the exchange of money.'
13.
"Smoking" means :inhaling., exhaling,"burning, or carr in .an ,
lighted pipe, cigar, :or cig_rette of any kind.
14.
S
" ports A P . rena" means` s orts Pavilions, gymnasiums, health: ;.
spas, boxing arenas, swimming - pools roller 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.
Sec 8.16.040` PROHIBMON OF SMOKING IN PUBLIC PLACES.
A. Smoking shall be prohibited in all enclosed p4 l i c places within
the City, including, but not limited to the following places:
1. Elevators and restrooms.
2. Buses, taxicabs and other means of public transit under the
authority of the City, and in ticket, boarding, and waiting
areas of public transit depots.
3. Service lines.
nnmun or for exhibiting any motion picture, stage drama,
lecture, musical recital or other similar performance, except
when smoking is part of any such production.
9. Enclosed sports arenas and convention halls.
10. Every roan, chamber, and place of meeting or public assembly,
including school buildings under the c3ntrol of any board,
council , commission, committee, or agencies of the City or any
political subdivision of the State during such time as a
public meeting is in progress, to the extent such place is
subject to the jurisdiction of the City.
-7-
A
Retail st ,u
:ores, except areas in said stores not open to the
pub is aril all ar.& th stores.
_ 4 ^
5.Retail
food awrket�ng establishments, including grocerystores""
ujks.
i
and supermarkets, ekcepttthose areas not open3to the public;
which may be otherwise regulated by'th�s chapter.
. t
:Al 1, areas. available: to and customarilyused by the genera]
public in. all businesses «and nonprofit entities Patromied by
the public, including, but not limited ito, business offices.;.
banks, hotels and motels.
70
Restaurants.
8.
Any building not open to the sky which is used primarily as a
nnmun or for exhibiting any motion picture, stage drama,
lecture, musical recital or other similar performance, except
when smoking is part of any such production.
9. Enclosed sports arenas and convention halls.
10. Every roan, chamber, and place of meeting or public assembly,
including school buildings under the c3ntrol of any board,
council , commission, committee, or agencies of the City or any
political subdivision of the State during such time as a
public meeting is in progress, to the extent such place is
subject to the jurisdiction of the City.
-7-
this chapter, the owner or person who controls such establishment
may, but is not. required to set aside in any facility described in
this section, a separate room with walls and doors reasonably
impermeable to tobacco smoke for use as an employee lounge or break
room.
and re s trooms.
3. Provision and maintenance of separate and contiguous
nonsmoking areas of not less than fifty percent of the seating
capacity and floor space in cafeterias, lunchrooms and
employee lounges or provision and maintenance of separate and
equal -sized cafeterias, lunchrooms and employee lounges for
smokers and nonsmokers.
ME
1. Bars.
r
2. Private residences, except when used as a child care or a
health care facility. i
i
3. Hotel and motel roonis rented to guests.
'r
4. Retail tobacco stores.
-10-
f
C. The smoking"',` '061icy shall be
communicated to -,all within=
i
r : threeweeks of.Ais d ption.
aA 0
� '
'"' -". -. .'\ a1: -.k 3�„ `�
� ). :J �'•
(
reit fl�
D. All employers shall supply a written copy of the smoking policy to
any prospective employee.
�
m
E. Notwithstanding any other
.,;
provisions of this. section, every
employer shala have the, right
to designate any place of employment,
or any porton thereof, as a nonsmoking area.,=
o.
Sec. 8.16.060 WERE 'SMOKING NOT
REGULATED.
A. Notwithstanding any other provisions of this Ordinance to the
contrary, the following areas shall not be subject to the smoking;
restrictions of this chapter:
1. Bars.
r
2. Private residences, except when used as a child care or a
health care facility. i
i
3. Hotel and motel roonis rented to guests.
'r
4. Retail tobacco stores.
-10-
�.. 'max'`.'-'
assembly these7pIaces�are.�being �� s
public and private rooms while
at
? a
used for private functions. �. . ,.
6. ' A private: enclosed place occupied exclusively by smokers, L, z
,even
though such &place:may be visited by nonsmokers.
B: Notwithstanding any- other provision ofhis section, :any owner,
_
.:
operator, manager;_.or other Person who controls any estabi�shment
described �n this,sectiori may ;declare that entire estabiishmenL:
.
any, portion. thereof, as a. nonsmoking establishment.
Sec.. 8.16'.070 POSTING OF SIGNS.
A. "Smoking" or "No Smoking" signs, whichever are appropriate, with
j
:.letters of not less than 1" 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) shall be clearly, sufficiently and conspicuously posted in
f
every building or other place where smoldng is controlled by this c
chapter, by the owner, operator, manager or other person having }
control of such building or other place.
& Every theater owner, manager or operator shall conspicuously post z
signs in the lobby stating that smoldng is prohibited within the
2
-11-
D. Notwithstanding any other provisions of this chapter, a private,.
citizen may bring legal action to enforce this chapter.
Sec.. 8.16.090 VIOLATIONS AND PENALTIES.
A. It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to the
regulation under this chapter to fail to comply with its
provi s ions .
-12-
u. iz snai i ue un�awtu� dorany person to
smoke in area restricted
.any,
by the provjsions of this chapter.
r
4
C. Any, person who violates `an y provision
of this chapter ;,shall=be :
guilty of an infraction, punishable by.
,
:.
1. A fine, not,'exceeding $�00,-for first
violation,,
2.. A 'fi-ne, not exceeding $200, for
a violation. of
,second
wi the n 1.. years _ ...
777
3. A fine, not exceeding $500, for:
each additional violation of
...this chapter within 1 year;
Sec. 8.16.100 NU*REDLIATIGN
No person or employer shall discharge, refuse to hire, or in any
manner, retaliate against any employee or applicant for employment
because such employee or applicant exercises any rights afforded by
this chapter.
Sec. 8.16.110 GOVERNMENTAL AGENCY CJOOPERATUN..
The City Manager shall annually request other governmental and
educational agencies having facilities within the City to establish
local operating procedures in cooperation and compliance with this
chapter. The City Manager shall urge Federal, State, County and
special school district agencies to enforce their existing smoking
-13-
This chapter: shall not be interpreted or construed to perms
1 ,cr h p ,
smoking where it is otherwise restricted by other applicable_laws:.
Sec. 8:26:230 SEVERABILITY.
If 'provision `or cYause of this Ordnance or the application
.any ..
thereof to any person.: or circumstances held to. be unconstitutional
o be otherwise invalid b , an p fiction, such
y y ::court ; of can pe �ur�sd
=}
invalidity shall not affect other Ordinance -provisions or.ciauses.or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end the provisions and
clauses of this Ordinance are declared to be severable.
Sec. 8.15.140 EFFECTIVE DATE.
This chapter shall be in force and take effect thirty (30) days
from and after its passage and approval.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
-14-
.ITY 1.1erR
Absent: Council Nkmben -
Abstain: Council Nkn bas
I further certify that Ordinance No. 1488 was approved and signed by
the NbM r on the date of its passage and the same has been published
pursuant to taw.
Approved as to Form
BOBBY W. McNATT
City Attorney
ORD1488.(3)/TXTA.0IV
-15-
ALICE M. REIMCHE
City Clerk
E
�W
612 'E:' Kettlerru
loth; G
`209/3
smoking section, it requires far greater maintenance, repairs
and upkeep by far as well as acceptance of a slower "turnover
rate". These points may be minor in comparison to all of
the well known health issues, but they are noteworthy.
I feel morally wrong in requiring employees to
work in a smoke filled room, but frankly have no choice.
Dear Council Members, I would like to strongly
encourage you to have the courage, wisdom and foresight to
(page I)
INN
,
d r
K K t
+r
'will,
` Ft'
do now what with
certainty, happen in 'the future
anyway:. Let us make
the state andthe'.nation sit up `and<
take note of Lodi, ..California:
4 �"
If such a
''-no smoking" ordinance is enacted, 5A ,
a lied:evenl and:strictl
yenf orced no business will
suffer ill effects:.
However, :many countless individuals "
w
may be 'spared them!
W
1 .. '..
Most sincerely, w
M
William A. Rude
General Manager
cc: David Hinchman
Fred Reid
Evelyn Olson
Jim Pinketton
OUNCIL`
Ra�+d SNIDER Ma
YI v«
CIfiY O� I:OD2I?
M. NINCNMAN
" x
t Pro Ten+po►e
CITY HALL, 221 WEST PINE STREET
I M. OLSON
CAIL EIOX 3006
W PINKERTON. Jr.
LODI ,-6LIFORNIk 95241 1910
I: REID
(2093 334 St:34
TEIEC16h4.009)3334795 , z
April 24, 1990
F
Phillip; Ross, M.D.
A Professional Corporation
_755..South Fairmont;
-- _; -
Lodi , . CA .95240 ...
Dear, Dr. Ross:
This letter .is -to inform .you -that the Smoking; Ordih nce which was
originally scheduled ao be on the May 2, ;1990 regular Ctty Council:
meeting has been changed.
The City Attorney will. be out of town at the League of: California
Cities City, Attorney's. Conference during the May' 2' 1990 City Council
meeting. The Mayor and ".the City Manager feel_ hat he should be at the
meeting for the discussion of thisimportantand controversial item.
x
Therefore, the Smoking Ordinance is now scheduled to be on the May 16,
1990 regular City Council meeting. An agenda will be sent to you the
to the
week beTore the meeting. W hope that you will be able attend
meeting that evening.
If you have any further questions, please contact our office.
Very truly yours,
��/11/1Il...��} }�Q�1J�,(/✓,,�
ni fer . Perri n
Deputy City Clerk
AMR/jmp
AMR/imp
Di
meez7ng;ane ::Mayor ,,-ana, we uity manager, Teei :-war-ne 'snouiO, -W at tine
;meeting-forthe discussion.:of-this important And,.:controvers"
:Therefore, the Smoking:.' Ordinance is now schedule&. to,_be on the" May.. 16
.1990 :regular City'Council 'meeting. An agenda wi I I be 'sent to you the
week before the meeti ng. We hope that you wi I I . be able . to: attend the
meeting that evening.
I f you have any further questions, please contact our office.
Very truly yours,
nnifer M. Perrin
eputy City Clerk
AMR/imp
v
A
THOMAS A.PETERSOWi,;:�
it* Manaser
(Ran'
JOHNA00 MM OMavo'r;�':_.
OF L01
HINC tip
It(
CCk
Ma1�or Pro Tempc"Y.-HALL.
221WEST S! PIkU STREET
`.EVELYti M OLSON
BOX 3006
608 M cNATT_
Jr.
CAIi
LODt, CAttEORNtA 1910
City Attorney
(209).
TELEC0PItR:(209)3334 S�%
x..
April 24,
Di
meez7ng;ane ::Mayor ,,-ana, we uity manager, Teei :-war-ne 'snouiO, -W at tine
;meeting-forthe discussion.:of-this important And,.:controvers"
:Therefore, the Smoking:.' Ordinance is now schedule&. to,_be on the" May.. 16
.1990 :regular City'Council 'meeting. An agenda wi I I be 'sent to you the
week before the meeti ng. We hope that you wi I I . be able . to: attend the
meeting that evening.
I f you have any further questions, please contact our office.
Very truly yours,
nnifer M. Perrin
eputy City Clerk
AMR/imp
On the Alcohol Tax initiative, 1 commend you again for not taking
a position without hearing both sides of that issue, again
demonstrating the quality and the integrity of your office.
Christian Community Concerns is proud of you as our elected
officials, and stand ready to support you faithfully with our
prayers, our speech, and our actions.
I, personally pray for each one of you by name daily, asking God
to give you His wisdom in dealing with the complex problems you
face for the sake of the people of Lodi.
May Cod's blessing be upon you.
Sincerely,
X -,—
Ken Owen
Director
P.0. Box 367 0 Lodi, California 0 9524 P
e n c o u r a v e y o u to t c a z E , w ;. s d on, a n d f o r e S git t
Il - REPRODU-,O � � N - OF. 11 UIS
.CANNOT
TWI
rl�
j EGINAL.,
,kD ION
m Y. concern; ho w e v e r is,
tne remaining SMOK ing
sectson
which ve
are obI ig ed toe
e p strictly i q,tj y _fio r competitive
i
reason.
I would
like to b r g, t
o your atte n.t'ion,. issues.:
that d 0
not .have
6 -db.,, w - t h those
heal th . To
of 'a,
smo; ing
section,
it requires far
greater maintenance, repairi
and-.- upkeep
by far
as wi: 7 of acceptance
of a slower "turnover
ra t `These
e
v
n s r-, a v e nor
in comparison to all of
t h e weir
known he::h
___-Tesmut
they arc- noteworthy.
I feel
r
r e q u n,g e w. p 1 o v e c s t c
work n
a s7.1 1 e f
ed
frank y have no c h c, c e
Dear Ccs..
1 7. 'D I
would I ike to st rongIN
e n c o u r a v e y o u to t c a z E , w ;. s d on, a n d f o r e S git t
Il - REPRODU-,O � � N - OF. 11 UIS
.CANNOT
TWI
rl�
j EGINAL.,
,kD ION
„0aM.,k.rn2A?-'fir-
k
R:STAURANTS
x9.5 -vats
it
4u`Y
mh
at a xz
a a {