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HomeMy WebLinkAboutAgenda Report - April 6, 1994 (84)r, OF d CITY OF-LO.DI • COUNCIL COMMUNICATION AGENDA TITLE: Proposed Initiative for Tobacco Control Regulations MEETING DATE: April 6, 1994 PREPARED BY: City Attorney RECOMMENDED ACTION: Consider adopting Resolution No. 94-39. BACKGROUND INFORMATION: In 1990, the Lodi City Council adopted one of the most stringent tobacco control ordinances in the State of California. The Ordinance was subject to referendum, and was approved by the voters in November of 1990. Since that time, it has served as a model for similar ordinances all over the United States and in Canada. There is now pending in California an Initiative titled the "California Uniform Tobacco Control Act" which would preempt local ordinances on this topic. Serious concern has been expressed that in doing so, the State measure would be substantially weaker than many local ordinances. It has been requested by Councilmember Randy Snider that the attached Resolution be adopted in opposition to this Initiative. FUNDING: Respectfully submitted, -6113 Bob McNatt City Attorney BM:pn CCSMOKE.INT/TXTA.01V APPR":VED ----_.._ ._.- —--------- �� THOMAS A PETERSON 10141m0 Papa, ` City Managor CC I �:i-.r=;.a:-::t�•T`'.+p:'-*Fid'i:..i'p�";"."r�.+:..`.-nr•�t"yFi"7w°.s.,1::.r. �: ;,�Rr v-». � - .. ... ..0 ,•vr..'!*F"'!�an*c +y +� - .... _ -,�•�" ":�i`..i'�.s ;5'S:.Yx _.::3.ri�".�Z-i*t�h yid'"". �.,': RESOLUTION NO. 94-1':: • saassssssssaassssaas A RESOLUTION OF THE LODI CITY COUNCIL IN OPPOSITION TO THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT INITIATIVE aasaaacasaaaaaasassazssaaaassass:asasa:s::zzssaaazazaasaazaaaasaasa:szs WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (BTS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream or second hand smoke kills an estimated 40,000 persons every year; and WHEREAS, the State of California as well as many counties an municipalities conduct aggressive public education campaigns to discourage tobacco use, particularly among children; and WHEREAS, the City of Lodi passed a smoking control ordinance in 1990 which bans smoking in most indoor public places in order to protect people against exposure to ETS; and WHEREAS, an Initiative is being circulated mistitled the California Uniform Tobacco Control Act which would repeal the local smoking control ordinance passed in the City of Lodi and replace it with a state wide law which would could permit smoking in every restaurant and workplace in the State; and WHEREAS, this Initiative is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world, and they do not deny it; and WHEREAS, the Initiative prohibits local government from ever passing any tobacco control legislation in the future, and prohibits any organization, except local law enforcement, from monitoring the illegal sale of cigarettes to minors through Youth Tobacco Purchase Surveys or "sting" operations utilizing minors attempting to purchase tobacco; and WHEREAS, the ventilation standards adopted in the Initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; and WHEREAS, the Initiative has not yet qualified for the ballot, and widespread public exposure of the tobacco industry,s tactics and intentions may serve to discourage registered voters from signing the petition; and WHEREAS, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Lodi opposes this Initiative and urges residents not to sign the petition; and BZ IT FURTHER RESOLVED that the City of Lodi will take immediate steps to inform the residents of the impact of this initiative on the community and will forward a copy of this Resolution and smoking ordinances to the Chief Executive Officer of Phillip Morris: Mr. Michael Miles, Phillip Morris Companies, Inc., 120 Park Avenue, New York, New York 10017. Dated: April 6, 1994 saasasassssssazassssssssaasasaaaasassasasasaaasaaaassassa:aaaaasasaaaaa I hereby certify that Resolution No. 94-34 was passed and adopted by the Lodi City Council in a regular meeting held April 6, 1994 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Jennifer M. Perrin City Clerk 94-34 RES9434/TXTA.01V MW 30 '94 11= 19fM I04TL4iD—SNIDER & AS9.-CIAMS P. lit March 30, 1994 To: Jennifer Perrin From: Randy Snider Re: Attached Resolution If possible, I would like to see this resolution on the Council agenda for April 6th. The only other "WHEREAS" I can see in addition to the others is one that would refer to the fact that on November ?, 1990 the voters of the City of Lodi passed its own ordinance. You might ruts this by Tom for his input as well. You may even want to remove some of the "W MREAS'S". Thanks P"'- =k,«:,.1 1 = 1 1 Yea - hraN i+ •��.s i s 14 IM i-UilUViU-7PILER & r6SM'lf+it P. 2/2 7 SAMPLE RESOLUTION (City Council, Board of Supervlsors,Board of Education or other use) WHEREAS, tobacco use is responsible for the death of over 404,000 people every year and is the number one cause of death in the United States; WHEREAS, Environmental Tobacco Smoke (ETS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream or second hand smoke kills an estimated 40,000 persons every year; WHEREAS, the State of California as well as many counties and municipalities conduct aggressive public education campaigns 'o discourage tobacco use, particularly among children; WHEREAS, (Name of City) passed a smoking control ordinance in (date) which bins smoking in (describe impact of ordinance) in order to protect people against exposure to ETS; WHEREAS, an Initiative Is being circulated mistitled the California Uniform Tobacco Control Act which would repeal the local smoking control ordinance passed In (Name of City) and replace it with a state wide law which could permit smoking in every restaurant and workplace in the State; WHEREAS, this Initiative is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world, and they do not deny it; WHEREAS, the Initiative prohibits local government from ever passing any tobacco control legislation in the future, and prohibits any organization, except local law enforcement, from monitoring the illegal sale of cigarettes to minors through Youth Tobacco Purchase Surveys or "sting' operations utilizing minors attempting to purchase tobacco; WHEREAS, the ventilation standards adopted in the initlative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; WHEREAS, the initiative has not yet qualified for the ballot, and widespread public exposure of the tobacco industry's tactics and intentions may serve to discourage registered voters from signing the petition; NOW THEREFORE UE IT RESOLVED that the (Name of City, County or organization) opposes this initiative and urgui; residents not to sign the petition: BE IT FURTHER RESOLVED that the (Name of City, County or organization) will: take immediate steps to inform the residents of the impact of this initiative on the community and will forward a copy of this Resolution and smoking ordinances to the Chief Executive Officer of Phillip Morris: Mr. Michael Miles, Phillip Morris Companies, Inc., 120 Park Avenue, New York, New York 10017. - ;F p. V1.2 RZSOLUTION NO. 94-34 ssssaassasam:a:sasas A RESOLUTION OF THE LODI CITY COUNCIL IN OPPOSITION TO THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT INITIATIVE sssssssasssaasssasasssaasssssaassssaasaasssasass:ssaasa:ssss:ssssss:sas WHSRZAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (STS) has been categorized as a cancer causing substance by the Environmental Protection'Agency; and exposure to sidestream or second hand smoke kills an estimated 40,000 persons every year; and WHEREAS, the State of California as well as many counties an municipalities conduct aggressive public education campaigns to discourage tobacco use, particularly among children; and WHEREAS, the citizens of the City of Lodi passed a smoking control ordinance in 1990 which bans smoking in most indoor public places in order to protect people against exposure to ETS; and WHEREAS, an Initiative is being circulated mistitled the California Uniform Tobacco Control Act which would repeal the local smoking control ordinance passed in the City of Lodi and replace it with a state wide law which would could permit smoking in every restaurant and workplace in the State; and WHEREAS, this Initiative is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world, and they do not deny it; and WHEREAS, the Initiative prohibits local government from ever passing any tobacco control legislation in the future, and prohibits any organization, except local law enforcement, from monitoring the illegal sale of cigarettes to minors through Youth Tobacco Purchase Surveys or "sting" operations utilizing minors attempting to purchase tobacco; and WHEREAS, the ventilation standards adopted in the Initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing s"stances which pobe the threat to public health; and WHEREAS, the Initiative has not yet qualified for the ballot, and widespread public exposure of the tobacco industry,s tactics and intentions may serve to discourage registered voters from signing the petition; and WHEREAS, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Lodi opposes this Initiative; and DR IT FURTHER RESOLVED that the City of Lodi will take immediate steps to inform the residents of the impact of this initiative on the community and will forward a copy of this Resolution and smoking ordinances to the Chief Executive Officer of Phillip Morris: Mr. Michael Miles, Phillip Morris Companies, Inc., 120 Park Avenue, New York, New York 10017. Dated: April 6, 1994 azzassaaazassa:ssazam:assssaaaassaassasssssaasassaassassas:ssassszs:asa I hereby certify that Resolution No. 94-34 was passed and adopted by the Lodi City Council in a regular meeting held April 6, 1994 by the following vote: ]lyes: Council Members - Davenport, Mann, Pennino, Snider and Sieglock (Mayor) Noes: Council Members - None Absent: Council Members - None ifer M Perrin y Cler 94-34 April S. 1994 Mr. Michael Miles Chief Executive Officer Phillip Morris Companies, Inc. 120 Park Avenue New York, NY 10017 Re: California Uniform Tobacco Control Act Initiative Dear Mr. Miles: Enclosed please find certified copy of Resolution No. 94-34 entitled, "A Resolution of the Lodi City Council In Opposition to the California Uniform Tobacco Control Act Initiative" which was adopted at the City Council meeting of April 6, 1994. Should you have any questions regarding this matter, please do not hesitate to give me a call. Sincerely, riferPerrin City Clerk/ JMP Enclosure CITY COUNCIL IIIUMASA PI IIKNON IACK A SIICLOCK. Mayor CITY OF LO DI % "'r'`r 111HRIN S1IP11LN I MANN IINNNIR 1•) 1IKKI Alayur Pro Icmpore l .�� l Ia•rl. RAY (;. DAVINPORI C1IY I1ALI, 221 WtSI PINt STRT U 1100 Ma NAI I PIIILLIPA PINNINO NU Ro x M)t' l'dy Auuura•1 IOUI• CAI 11ORNIA 45241.1410 IOrIN R IKandy) SNIDER 12091 114.5614 1 A4 I11P►1 111 47YS April S. 1994 Mr. Michael Miles Chief Executive Officer Phillip Morris Companies, Inc. 120 Park Avenue New York, NY 10017 Re: California Uniform Tobacco Control Act Initiative Dear Mr. Miles: Enclosed please find certified copy of Resolution No. 94-34 entitled, "A Resolution of the Lodi City Council In Opposition to the California Uniform Tobacco Control Act Initiative" which was adopted at the City Council meeting of April 6, 1994. Should you have any questions regarding this matter, please do not hesitate to give me a call. Sincerely, riferPerrin City Clerk/ JMP Enclosure 00') lor.,. RESOLUTION NO. 94-34 sassaas:asasssaaasas A RESOLUTION OF THE LODI CITY COUNCIL IN OPPOSITION TO THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT INITIATIVE ssassassassssssasssasassasssssssssssssssssssasassssssassssssasaaaa::saa WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (Eld) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to .sidestream or second hand smoke kills an estimated 40,000 persons every year; and WHEREAS; the State of California as well as many counties an municipalities conduct aggressive public education campaigns to discourage tobacco use, particularly among children; and WHEREAS, the citizens of the City of Lodi passed a smoking control ordinance in 1990 which bans smoking in most indoor public places in order to protect people against exposure to ETS; and WHEREAS, an Initiative is being circulated mistitled the California Uniform Tobacco Control Act which would repeal the local smoking control ordinance passed in the City of Lodi and replace it with a state wide law which would could permit smoking in every restaurant and workplace in the State; and WHEREAS, this Initiative is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world, and they do not deny it; and WHEREAS, the Initiative prohibits local government from ever passing any tobacco control legislation in the future, and prohibits any organization, except local law enforcement, from monitoring the illegal sale of cigarettes to minors through Youth Tobacco Purchase Surveys or mating" operations utilizing minors attempting to purchase tobacco; and WHEREAS, the ventilation standards adopted in the Initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; and WHEREAS, the Initiative has not yet qualified for the ballot, and widespread public exposure of the tobacco industry's tactics and intentions may serve to discourage registered voters from signing the petition; and WHEREAS, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Lodi opposes this Initiative; and BE IT FARTHER RESOLVED that the City of Lodi will take immediate steps to inform the residents of the impact of this initiative on the community and will forward a copy of this Resolution and smoking ordinances to the C...ef Executive Officer of Phillip Morrie: Mr. Michael Miles, Phillip Morris Companies, Inc., 120 Park Avenue, New York, New York 10017. Dated: ]April 6, 1994 aaasaaazsasasaazsaaazaasasasaaasasasasazaaa:aaaaasaaaaaassaaaaassssssas I hereby certify that Resolution No. 94-34 was passed and adopted by the Lodi City Council in a regular meeting held April 6, 1994 by the following vote: Ayes: Council Members - Davenport, Mann, Pennino, Snider and Sieglock (Mayor) Noes: Council Members - None ]Absent: Council Members - None kv;� : ('O-ZA - ifer M Perrin y Cler 94-34 The Foregoing Document is Certified To Be A Cor-ect Copy Of The Original On File In This Office. )acqueline L. Hudson eputy City Cjekk, City Of Lodi By Dated '7' Q Statement by Mayor Sieglock opposing the Philip Morris Initiative: Attached please find certified copy of Reso':tion No. 94-34 entitled, "A Resolution of the Lodi City Council In Opposition to the California Uniform Tobacco Control Act Initiative" which was adopted by the Lodi City Council at its April 6, 1994 regular City Council meeting (a copy of which was mailed to the Phillip Morris Companies, Inc.). e Coalition for a Healthy California has permission to use this statement in its Ttll ca paign it th ress d the public regarding the Fhilip Morris Initiative. _ Date April 12. 1 999. or Jack A. Sieglock, City'k Lodi A _J RESOLUTION NO. 94-34 ssssssssasssssssaass A RESOLUTION JF THE LODI CITY COUNCIL Ih OPPOSITION TO THE CALIFORNIA UNIFORM TOBACCO CONTROL ACT INITIATIVE azzaarsaasaaasasszaaaaazaaasssssssss:sasssssassasssssrasssssssssassssss WHEREAS, tobacco use is responsible for the death of over 400,000 people every year and is the number one cause of death in the United States; and WHEREAS, Environmental Tobacco Smoke (RTS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream or second hand smoke kills an estimated 40,000 persons every year; and WHEREAS, the State of California as well as many counties an municipalities conduct aggressive public education campaigns to discourage tobacco use, particularly among children; and WHEREAS, the citizens of the City of Lodi passed a smoking control ordinance in 1990 which bans smoking in most indoor public places in order to protect people against exposure to STS; and WHEREAS, an Initiative is being circulated mistitled the California Uniform Tobacco Control Act which would repeal the local smoking control ordinance passed in the City of Lodi and replace it with a state wide law which would could permit smoking in every restaurant and workplace in the State; and WHEREAS, this Initiative is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world, and they do not deny it; and WHEREAS, the Initiative prohibits local government from ever passing any tobacco control legislation in the future, and prohibits any organization, except local law enforcement, from monitoring the illegal sale of cigarettes to minors through Youth Tobacco Purchase Surveys or "sting" operations utilizing minors attempting to purchase tobacco; and WHEREAS, the ventilation standards adopted in the Initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; and WHEREAS, the Initiative has not yet qualified for the ballot, and widespread public exposure of the tobacco industry's tactics and intentions may serve to discourage registered voters from signing the petition; and WHEREAS, NOW TMM19FORZ Bi IT RZSOLVZD that the City Council of the City of Lodi opposes this Initiative; and HB IT FURTHER RZSOLVZD teat the City of Lodi will take immediate steps to inform the residents of the impact of this initiative on the community and will forward a copy of this Resolution and smoking ordinances to the Chief Executive Officer of Phillip Morris: Mr. Michael Miles, Phillip Morris Companies, Inc., 120 Park Avenue, New York, New York 10017. Dated: April 6, 1994 :assasssssssssasssssssasassssssassrasassssssasrarssssssassasssssssassrs I hereby certify that Resolution No. 94-34 was passed and adopted by the Lodi City Council in a regular meeting held April 6, 1994 by the following vote: ]lyes: Council Members - Davenport, Mann, Pennino, Snider and Sieglock (Mayor) Noess Council Members - None Absent: Council Members - None eAl iii l !�•`i' "' `{ fifer M Perrin Ct y Cler 94-34 The Foregoing Document Is Certified Iu lt1• •, Cor-ect i:uhy Of the Original On file in This Office. Jacqueline L. Hodson De uty City Geek; ity Of Lodi By Dated: .� _k t -3 `t `t y i Coalition for a Healthy April 5, 1994 Cailifomia ,'RECEIVED The Honorable Jack A. Sieglock City of Lodi P.O. Box 3005 Lodi, CA 95241-1910 I L Dear Mayor Sieglock: The tobacco industry is at it again. This time the Philip Morris company, manufacturer of Marlboro cigarettes, is trying to qualify a statewide initiative that would repeal local anti- smoking laws and preempt local control. If the initiative qualities for the ballot and passes, the smokefree ordinance in Lodi will be repealed and replaced with a weak statewide law that would permit smoking in nearly every restaurant and work place. That's why the League of California cities has taken the unusual step of opposing the Philip Morris proposal b&= it qualifies for the ballot. (please see enclosed League statement) We need your help to expose the tobacco industry's agenda and inoculate the public against their deceptive tactics in soliciting signatures. Would you please issue a statement on the enclosed form that we could use in our efforts to keep the Philip Morris initiative off the ballot. Your statement would be used in our public information packets and press materials over the next month, as we educate the public about the initiative. Also enclosed is the first mailer from the tobacco industry front group, "Californians for Statewide Smoking Restrictions." This deceptive and misleading material is an affront to local governments which have conscientiously attempted to protect the health of their residents through responsible smokefree ordinances. Please pen a strong and determined statement opposing the Philip Morris initiative and allow us to use it in our statewide efforts. We would hope you could find the opportunity to oppose the initiative in cooperation wilh your Council as well and have included a sample resolution and other background material for your consideration. Thank you for your thoughtful consideration of our request. Sincerely, e"4pn M�o Carolyn Martin, Chair Coalition for a Healthy California Sponsorfng Organizations American Cancer Society, California Division, inc s American Heart Association, California 6 Greater Los Angeles Affiliates Anwican Lung Association of Caltfomia • California Association of Hospitals and Hmhh Systems California Dental Association - Planning arn1 conservation league 5750 Wilshire Boulevard, Suite 561 / Los Angeles, California 90036 / Telephone (213)937-5706 Facsimile (213)937-9613 SAMPLE RESOLUTION (City Council, Board of Supervisors, Board of Education or other use) WHEREAS, tobacco use is responsible for the death of over +00,000 people every year and is the number one cause of death in the United States; • WHEREAS, Environmental Tobacco Smoke (ETS) has been categorized as a cancer causing substance by the Environmental Protection Agency; and exposure to sidestream or second hand smoke kills an estimated 40,000 persons every year, WHEREAS, the State of California as well as many counties and municipalities conduct aggressive public education campaigns to discourage tobacco use, particularly among children; WHEREAS, (Name of City) passed a smoking control ordinance in (date) which bans smoking in (describe impact of ordinance) in order to protect people against exposure to ETS; WHEREAS, an initiative is being circulated mistitled the California Uniform Tobacco Control Act which would repeal the local smoking control ordinance passed in (Name of City) and replace it with a state wide law which could permit smoking in every restaurant and workplace in the State; WHEREAS, this initiative is being sponsored by Philip Morris, the largest cigarette manufacturing company in the world, and they do not deny it; WHEREAS, the initiative prohibits local government from ever passing any tobacco control legislation in the future, and prohibits any organization, except local law enforcement, from monitoring the illegal sale of cigarettes to minors through Youth Tobacco Purchase Surveys or "sting" operations utilizing minors attempting to purchase tobacco; WHEREAS, the ventilation standards adopted in the initiative for application to indoor smoking will remove the odor of smoke from the air, but they will not eliminate the cancer causing substances which pose the threat to public health; WHEREAS, the initiative has not yet qualified for the ballot. and widespread public exposure of the tobacco industry's tactics and intentions may -erve to discourage registered voters from signing the petition; NOW THEREFORE BE IT RESOLVED that the (Name of City, County or organization) opposes this initiative and urges residents not to sign the petition; BE IT FURTHER RESOLVED that the (Name of City, County or organization) will take immediate steps to inform the residents of the impact of this initiative on the community and will forward a copy of this Resolution and smoking ordin:,nces to the Chief Executive Officer of Phillip Morris: Mr. Michael Miles, Phillip Morris Companies, Inc., 120 Park Avenue, New York, New York 10017. LA �G .%•"�ri11 :.UL League of California Cities U00 K Md • asmst Nnto ISM4 • (!10) 4444M March 25, 1994 t,tliii�Mstatiiii�iiiii�ii�fi«ts• a #11994 11be tobacco industry succeeded in placing hostile amendments into •! B_U this week In the Senate Judiciary Committee that would preempt local governments froth enacting local ordinances in the future that are stronger than the standard e4tablished by AB 13. According to the bW& author, Assembly Member Terry Friedmal; "preemption of local ordinances is the tobacco industry dream." He continues, "The amendments deliberately sabotage the ,x}13 coalition,' which includes local government, the health community, the California Restaurant Association and the California Hotel Motel Association..The rallying cry of the supporters of AA.A and the message cities should convoy to the Senate and the media is "Give as back our bills" Prior to the amendment to preempt future ordinaacea, which was proposed by Senator Cbarlea Calderon, AB 13 would have prohibited smoking in virtually all enclosed places of employment. Those places of employment not included in the bill could be regulated by local government. Those include! -- Sixty-five percent of motel/hotel guest rooms; -- SpeciBo parts of hoiel/motel lobbies: -- Meeting or banquet rooms except during exhibit hours or wben food/beverage functions arc taking place; -- Warehouse facilities with leas than 100.000 sq.ft. and fewer than 20 employees; -- Tobacco shops and any attached 'private smokers' lounge"; -- Designated breakrooms which meet specified OSHA ventilation standards; Cabs of trucks when non-smokors are not present; -- Medical research and treatment; -- Theatrical productions where smoking is an integral part of the production; Private residences, except when home b used as a child care facility; -- Gaming clubs and bars in a tavern, hotel or restaurant that meet specified ventilation standards promulgated by Cal -OSHA or federal EPA if the standard is adopted by 1997. Such facilities would have two'years to install the systems. In addition to the hostile preemption amendment, AD 13 was amended to allow smoking in portions of restaurants that elect to meet a yet to be determined ventilation standard established by Cal -OSHA. Pkase see other side for the League's position on the Philip Morris Initiative. As amended, the bill passed.the Senate Judiciary Committee and is now pending in the Senate Appropriations Committee where its future is uncertain. Altbougb the League has no position on the restaurant amendment, the proposed amendment by Senator Art Torres, combined with the preemption ameadment, makes It is clear that ADM Is in serious trouble. At this time, the League bas removed its support from AD 11 After reviewing the preemption language, we. anticipate opposing the bill. However, Assembly Member Friedman, joined by the coalition supporting the bill, are attempting to 'Lnamend" the amendments. ALL CITIES, ZgeEC ALL X THOcF Inn>3 DIMMIM OF SENATORS C=ERON, LnCK L TO13m(; SHOULD 7'LL PLr HQNS THE MEMBERS OF THE JUDICIARY COMMI=E AND EXPRESS FI RONG OPPOSITION TO THE PREEMPTION LANGUAGE INSERTED IN An„j3.. Be cure and also no potential failure of AD -.n is even more distressing due to the Initiative am being circulated by the tobacco Industry. As mentioned in a previous Bulletin, the initiative is funded primarily by Philip Morris. It would establish a very broad, weals smoking and tobacco control standard covering smoking in restaurants, workplaces and public, regulation of vending machines and advertising. It also would oT, gemgt all currant and future local ordinances. EVen with the preemption of future stronger ordinances, A" 13 represents a very strong smoking standard wben compared with a very weak standard included in the tobacco industry sponsored initiative. The League traditionally does not take positions on initiatives until they qualify. However, in light of the total preemption provisions of the initiative, the League's Administrative Services Policy Committee has recommended that the League oprose the tobacco initiative before it qualifies. This recommendation will be reviewed by the League's Board of Directors is early April. However, in the meantime, we recommend that city offideb take action at the local level to oppose the tobacco initlative. In doing to, it is important to work with your local medical eomwunity, as well as representatives from local heart, lung and cancer associations. Be sure and lot the press know of your opposition. The tobacco industry bas until April 22 to collect enough signatures to quality the initiative. Because of the tight timehame, it may be possible to thwart their efforts. Good luck! (Referred to previously in Bulletins #2-1994, 9-1994, and 11.1994.) +COOO 36 to coo 0. • • y: i cn�`r i CM.. C" C • 1 . + U"I ..volmoir - Californians for Statewide Smoking Restrictions P.O. Box 41436 Sacramento, CA 951.9313 Attention: Donna K ' � � a"� • ��. ,,, r �� i. • t ,��J'l,• , Y ;�..i� fi • Jam,.... '. -:.�• Jir •, �'!. �� ;f r .}�....�{� .I X'f. PE MION RESPONSE LB r��E�S i nil ......................... Dear arena. SERENA T CH94 Thanks for taking the time to talk to us an the phone yes - 581 SODEN WAY -4 terda4Y. Here is the peuton you promised to 966 Please aAKLANO . CA 94610 remember it Ls important to follow the insLiuctions c wv- funy when oomplettag the petition. Pisses ask other re& tared voters in your home to W®a also and rIturn We Pell Um within the next two days in the enclosed posta8b pW envelope. Qnoe aedn. thanks for be4AU us plane this massure on the ballot. - Aoons IL This iniflarive textures the following strict regulations: `4 Doubles the fine for selling tobacco to minors. P' Severely limits vending machines in areas accessible to minors. L'"' Completely prohibits smoking in restaurants and workplaces unless strict ventilation standards are met. "' Bans billboard advertisement of tobacco products %vithin 500 feet of all K-12 srhoois. 1,04 Requires retailers to post signs indicating sale of tobacco products to minors is illegal. Po Mandates that at least 75% of all seats in restaurants be in desig- nated no smoking areas. P" Imposes tough smoking restric- tions in more than 200 localities that currently have no regulations at all. V4 Replaces the crazy patchwork quilt of some 270 local ordinances with a single, tough, uniform state- wide law, !' Stricter than 900% of the local ordinances currently on the books. c •fP_r1�%trc � � pia INITIATIVi. MEASURE: TO BE SUBMITTED Dinx I'1 Y TO Tim VOTERS The Attorney General of Califonfia has pit-lund the fullowing title and wnunary of the chief pufpt...c aski points of" proposed Waaswe: SMOKING AND TOBACCO PRODUM. . STATEWIDE: REGULATION. INITIATIVE_ STATUM. Estab- lishes statewide smoking and tobacco regulations. Repeals California Indoor Clean Air Act of 1976. Repeals and preempts local smoking and tobacco regulations. Bans public smoking with significant exceptions. Permits smoking sections in restaurants and employee cafeterias. Bars not regulated. Permit -c smoking in private offices. and business conference rooms with occupants' consent. Exemplc from smoking regulations gaming clubs. bingo establishments. racetracks, sports facility private boxes and smoking lounges. Regulates location of tobacco vending machines and billbixtrds. Increases penalties for tobacco purchases by minor,:. Permits amend- ment of tobacco regulations by two-thirds vote of Legislature. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown clTects on public -sector health tare costs and state tobacco tux revenues. depending on the extent there are changes in the consumption of tobacco products and/or exposure to second-hand smoke. State costs to enforce the measure would be around $I million annually; local enforcement costs would probably not be significant. NOTICE TO TE IF. PUBLIC: THIS PETITION MAY BE CIRCULM-ED BY A PAID SIGNATURE UNITIFRER OR A VOLUN'T'EER. YOU HAVE THE RIGHT TO ASK. AA signors of this petition must be registered In .. -_._ _ -- - - . County. DECLARATION OR CIRCULATOR tT o W rornpleted biter abar- 2ignalufes have been obtairwd.) You sign on ifne An. i!H in address. end print nerne. /taro caw /a+r► V!' and Airnde woo me self• a" 4101114 today. per WW n"d not be oowtp Aat- ad taw HrtAtrs.11 to be w&Wj FLU %f M ntlrty N P"10AbM arary. L �• J I am registered to vote in tho coup - county to City and County) of __.._.........._..__ _ ..: • . I circulated this petition section and saw each of d.s appended SiOrta:uMs on !hr: pebtron borng written. Each signature of this petition is. to the best of my information and belief, pr Am dire the genuine signature of the person whose nanrn it purports to be All signatures on this petition were ubta;nod behveen `"' J Awa and _ r - rrorwvderMa� rneneMar�+yr.. I declare (or certify) under penalty of periur� under the laws of the State of California that the foregoing is true and correct. Executed at--. CA - - tkr. --- - — -- .W WWI -WC- AAI swMna•e a c.Mcwiw l i City Zig URGENT You OWN arpn a swI I - a"# Ares cc�irsa w ob%" e�+a how. AN arprrnww are M. - MW yeas: M you bN to elan ss abewamfor. IMPORTANT— INSTRUCTIONS— PLEASE READ 1. Please complete the petition in all of the yellow shaded areas. 3. Get other registered voters In your household to sign as well but 2. Be sure to open the petition to page two and write In the name return the petition right away, even if yours Is the only signature. of your county In the shaded area. 4.Mall your signed pethlon in the postage-pald envelope TODAY) e.arpl. t»Y`" ' MARY DOL �:125 MAIN 51 wo:iaw� .0 city ANYWI-i . K -tw `)()CSO I. v+a Yaw Rsa.rtoe Il- nr .:. •. Arneft 111 11011 CRY ZIP I P*dyour Ilteldnroa Neu Addreet ._ . ZIP i PAN Your MNdsnoa Num AOdeee evisk" N b c*1 Z* DECLARATION OR CIRCULATOR tT o W rornpleted biter abar- 2ignalufes have been obtairwd.) You sign on ifne An. i!H in address. end print nerne. /taro caw /a+r► V!' and Airnde woo me self• a" 4101114 today. per WW n"d not be oowtp Aat- ad taw HrtAtrs.11 to be w&Wj FLU %f M ntlrty N P"10AbM arary. L �• J I am registered to vote in tho coup - county to City and County) of __.._.........._..__ _ ..: • . I circulated this petition section and saw each of d.s appended SiOrta:uMs on !hr: pebtron borng written. Each signature of this petition is. to the best of my information and belief, pr Am dire the genuine signature of the person whose nanrn it purports to be All signatures on this petition were ubta;nod behveen `"' J Awa and _ r - rrorwvderMa� rneneMar�+yr.. I declare (or certify) under penalty of periur� under the laws of the State of California that the foregoing is true and correct. Executed at--. CA - - tkr. --- - — -- .W WWI -WC- AAI swMna•e a c.Mcwiw l i City Zig URGENT You OWN arpn a swI I - a"# Ares cc�irsa w ob%" e�+a how. AN arprrnww are M. - MW yeas: M you bN to elan ss abewamfor. IMPORTANT— INSTRUCTIONS— PLEASE READ 1. Please complete the petition in all of the yellow shaded areas. 3. Get other registered voters In your household to sign as well but 2. Be sure to open the petition to page two and write In the name return the petition right away, even if yours Is the only signature. of your county In the shaded area. 4.Mall your signed pethlon in the postage-pald envelope TODAY) �, Date: March 9, 1994 File No: SA94RF0003 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: SMOKING AND TOBACCO PRODUCTS. STATEWIDE REGULATION. INITIATIVE STATUTE. Establishes statewide smoking and tobacco regulations. Repeals California Indoor Clean Air Act of 1976. Repeals and preempts local smoking and tobacco regulations. Bans public smoking with significant exceptions. Permits smoldng sections in restaurants and employee cafeterias. Bars not regulated. Permits smoking in private offices, and business conference rooms with occupants' consent. Exempts from smoking regulations gaming clubs, bingo establishments, racetracks, sports facility private boxes and smoking lounges. Regulates location of tobacco vending machines and billboards. Increases penalties for tobacco purchases by minors. Permits amendment of tobacco regulations by two-thirds vote of Legislature. Summary of estimate by Legislative Analyst and Director of finance of fiscal impact on state and Iocal governments: Unknown effects on public -sector health care costs and state tobacco tax revenues, depending on the extent there are changes in the consumption of tobacco products and/or exposure to second-hand smoke. State costs to enforce the measure would be around $1 million annually; local enforcement costs would probably not be significant.