HomeMy WebLinkAboutA019 - Letter to Cummings, Johansen, Kitchell, Monte, working committee - City Attorney's Office
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i 515 Clark Avenue, P. O. Box 811
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W� Ames, IA 50010
Quality Phone: 515-239-5146 • Fax: 515-239-5142
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January 3, 2001 '3
Mr. Bob Cummings Mr. Rich Johansen
2914 Northridge Parkway 3133 Bayberry Road
Ames, Iowa 50014 Ames, Iowa 50014
Ms. Mary Kitchell Mr. Len Monte
3122 Kingman Road 1422 Jefferson
Ames, Iowa 50014 Ames, Iowa 50010
Re: Smoking Ordinance
Dear Citizens:
With this is a copy of the Council Action Summary and an extract from the minutes of the Council's
meeting of November 14, 2000. Also with this is a first draft of an ordinance to reflect the features
of the Compromise Proposal presented to the Council at that meeting. You will note from the
minutes that it was proposed that each of you be appointed to a"working committee" with respect
to the proposal.
However, the Council did not appoint a committee. Nevertheless, I would be pleased to have the
benefit of comments from each of you. It is my hope and belief that the draft ordinance reflects all
aspects of the Compromise Proposal.
It is my present intention to report a draft of the ordinance to the Council at its meeting of
January 23. Then the Council may either refer the ordinance back with further instructions or set a
date for public hearing and possible passage of the ordinance.
Yours truly,
John R. Klaus
City Attorney
JRK:gmw
Enclosures
c: Mayor and Council
COUNCIL ACTION SUMMARY
Meeting Date: 11114100
Nov f 6
Agenda Item #: 21 J
SUBJECT: Smoking Ban -- _ ----'' --
ACTION TAKEN: Referred the Compromise Proposal* to the City Attorney for
drafting of an ordinance.
* 1. Restaurants, bars and taverns shall be non-smoking from 6 AM thru 8:30 PM daily.
At 8:30 PM,these establishments may designate a smoking area in compliance with
state law.
-- Bars and taverns are exempt if food sales are 10% of gross sales or less. In the case
of food served on premise from outside vendors, these sales are to be included in
food sales and gross sales.
-- Should an establishment decide, on a consistent and regularly scheduled basis, to
terminate food service prior to 8:30 PM, then this establishment may begin to allow
smoking at the scheduled time.
-- Outdoor seating areas will be considered as indoor areas if food is served.
2. Truckstop establishments are allowed to establish an unrestricted smoking area that is fully
enclosed and has a separate ventilation system. Should the establishment later enlarge the
dining area, no expansion can be made of the smoking area.
3. Bowling alleys shall be non-smoking from 6 AM through 6 PM. After 6 PM, these
establishments may designate a smoking area in compliance with state law.Due to specific
league play,the time to allow smoking on Thursdays is advanced to 3 PM. Bowling alleys
are allowed to establish an unrestricted smoking area that is fully enclosed and has a
separate ventilation system.
4. Common areas of hotels and motels shall be smoke-free.
5. A smoke-free zone of 15 feet at the main entrance/exit of all restaurants, bars, taverns,
truckstops, and bowling alleys shall be maintained except where adjacent establishments
preclude such zones.
6. Customers under 18 years of age are not allowed in smoking areas.
7. An ordinance developed from these guidelines shall be effective no earlier than six months
following enactment. Diligent enforcement is expected.
MOTION BY: Cross
SECOND BY: Hoffman
VOTING AYE: Campbell, Cross, Goodhue, Hoffman, Quirmbach, Wirth
VOTING NAY: None
ABSENT: None
B
Diane Voss, City Clerk
Copy to: John IQaus✓
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Proposal had various imperfections for each of the parties; each group had to make some
concessions.
Mr. Miller said that it is the hope of both groups that the City Council will refer the details of the
Compromise Proposal to a working committee composed of the City Attorney, Mary Kitchell
and Len Monte of the Tobacco Task Force,and Bob Cummings and Rich Johansen,representing
the hospitality industry.
Mr. Miller read the Compromise Proposal, as follows:
1. Restaurants, bars and taverns shall be non-smoking from 6 AM thru 8:30 PM daily. At
8:30 PM,these establishments may designate a smoking area in compliance with state law.
-- Bars and taverns are exempt if food sales are 10% of gross sales or less. In the case
of food served on premise from outside vendors, these sales are to be included in
food sales and gross sales.
-- Should an establishment decide, on a consistent and regularly scheduled basis, to
terminate food service prior to 8:30 PM, then this establishment may begin to allow
smoking at the scheduled time.
-- Outdoor seating areas will be considered as indoor areas if food is served.
2. Truckstop establishments are allowed to establish an unrestricted smoking area that is fully
enclosed and has a separate ventilation system. Should the establishment later enlarge the
dining area, no expansion can be made of the smoking area.
3. Bowling alleys shall be non-smoking from 6 AM through 6 PM. After 6 PM, these
establishments may designate a smoking area in compliance with state law. Due to specific
league play,the time to allow smoking on Thursdays is advanced to 3 PM. Bowling alleys
are allowed to establish an unrestricted smoking area that is fully enclosed and has a
separate ventilation system.
4. Common areas of hotels and motels shall be smoke-free.
5. A smoke-free zone of 15 feet at the main entrance/exit of all restaurants, bars, taverns,
truckstops, and bowling alleys shall be maintained except where adjacent establishments
preclude such zones.
6. Customers under 18 years of age are not allowed in smoking areas.
7. An ordinance developed from these guidelines shall be effective no earlier than six months
following enactment. Diligent enforcement is expected.
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ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY ENACTING A NEW CHAPTER 21A CONSISTING OF
SECTIONS 21A.100 THROUGH 21A.600 FOR THE PURPOSE OF
PROHIBITING THE DESIGNATION OF SMOKING AREAS IN PUBLIC
PLACES IN ACCORDANCE WITH CHAPTER 142B CODE OF IOWA;
PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,"smoking",as defined by Subsection 14213.1(4)Code of Iowa,is,by Subsection 14213.2(1)Code
of Iowa, prohibited in a "public place" as defined by Subsection 142B.1(3) Code of Iowa, except in a designated
"smoking area";and,
WHEREAS,"smoking areas"may be designated,pursuant to Subsection 142B.2(2)Code of Iowa,by persons
having custody or control of public places except in places where smoking is prohibited by ordinance;and,
WHEREAS,it is found that smoking areas have been designated in many such public places in this city;and,
WHEREAS,it is found that the designation of smoking areas in those public places has subjected persons to the
harmful effects of tobacco smoke on their health, and curtailed the number of public places that can be enjoyed by
persons who have an allergy or other heightened sensitivity to smoke;and,
WHEREAS,it is deemed to be in the interest of the public health and the economic welfare of the community
that designation of smoking areas be prohibited in such public places that are frequented,for the most part,by residents
of this city;
NOW,THEREFORE,be it ordained,by the City Council for the City of Ames,Iowa;
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by adding
a new Chapter 2 1 A as follows:
"CHAPTER 21A
SMOKING IN PUBLIC PLACES
See.21A.100. PURPOSE.
The purpose of the provisions of this chapter, Sections 21A.100 through 21A.300 of the
Municipal Code of the City of Ames,Iowa,is to augment the provisions of chapter 14213,Sections
14213.1 through 14213.6 Code of Iowa,by prohibiting smoking, as smoking is defined by Section
142B.1(4)Code of Iowa,in public places,as`public place'is defined in Section 142B.1(3)Code of
Iowa, to prevent the designation in those public places of any smoking area in accordance with
Section 142B.2(2)Code of Iowa.
Sec.21A.101. PUBLIC PLACES WHERE SMOKING IS PROHIBITED.
Smoking,as defined by Subsection 14213.1(4)Code of Iowa,is prohibited in any establishment
that is a`public place' as defined by Subsection 14213.1(3)Code of Iowa.
Sec.21A.102. DESIGNATION OF SMOKING AREA PROHIBITED.
The person having custody or control of any place that is a`public place'as defined by Section
14213.13 Code of Iowa, shall not designate any part or portion of that place as a smoking area
pursuant to Section 142B.2(2)Code of Iowa.
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Sec.21A.200. FOOD ESTABLISHMENT,TIME-OF-DAY EXEMPTION.
The provisions of Section 21A.101 and Section 21 A.102 of the Municipal Code of the City of
Ames, Iowa shall not apply to a food establishment as defined by Section 137F.1(8)Code of Iowa
during that time between 8:30 p.m. and 6:00 a.m. During that time such food establishment may
designate a smoking area in accordance with Section 142B.2(2) Code of Iowa. Such food
establishment that terminates food service at the establishment on a consistent and regularly scheduled
basis at a time earlier than 8:30 p.m.shall not,during the time period between such earlier time and
6:00 a.m.,be subject to Sections 21A.101 and 21A.102 of the Municipal Code of the city of Ames,
Iowa,and may,between such earlier time and 6:00 a.m.designate a smoking area in accordance with
Section 142B.2(2)Code of Iowa.
Sec.21A.201. LESS THAN TEN PERCENT EXEMPTION.
The provisions of Sections 21A.101 and 21A.102 of the Municipal Code of the City of Ames,
Iowa shall not apply to a food establishment as defined by Section 137F.1(8)Code of Iowa that is also
a licensed premises as defined by Section 123.3(20)Code of Iowa if food sales at such establishment
are less than ten percent of the dollar amount of sales of all kinds at that establishment and there has
been filed with the Ames City Clerk the sworn affidavit of the person in custody and control of the
establishment attesting to that fact. The sales price of food that is delivered from a food establishment
as defined by 137F.1(8)Code of Iowa to a licensed premises as defined by Section 123.3(20)Code
of Iowa for consumption on the premises to which it is delivered,shall be included in computing the
dollar amount of food sales and the dollar amount of sales of all kinds of the establishment to which
the food is delivered,for purposes of computing the percentage of food sales at the establishment for
which the exemption under this section is sought.
Sec.21A.202. TRUCK STOP EXEMPTION.
(a) The provisions of Section 21A.101 and 21A.102 of the Municipal Code of the city of
Ames, Iowa shall not apply to that portion of a public place, as public place is defined in Section
142B.1(3) Code of Iowa, that is a fully enclosed room within such public place, and which fully
enclosed room has a forced air ventilation system that is separate from the ventilation system for the
remainder of the said public place in which such room is located if the said public place is a food
establishment as defined by Section 137F.1(8)Code of Iowa that:
(i) is located within 1,000 feet of Interstate Highway 35;
(ii) provides parking spaces for more than twelve semi-tractor trailers;and
(iii) has filed with the Ames City Clerk the sworn affidavit of the person in custody and
control of the establishment that the establishment has,in addition to its food sales,
sales of diesel fuel that on average, over a calendar year, amount to more than
twelve thousand gallons per month,as shown by records made in the regular course
of that establishment's business and filed with the said affidavit.
(b) In the event that the dining area of such public place as is the subject of this section is
expanded subsequent to the establishment of an exempt room provided for in this section,there shall
be no increase in the area of the said exempt room.
Sec.21A.203. BOWLING ALLEY EXEMPTION.
(a) The provisions of Section 21A.101 and 21A.102 of the Municipal Code of the City of
Ames,Iowa shall not apply,during the time between the hours of 6:00 p.m.and the following 6:00
a.m. on all days and between 3:00 p.m.Thursday and the following 6:00 a.m., to a public place as
public place is defined by Section 14213.1(3)Code of Iowa,that offers the use of not less than twelve
full scale bowling lanes that are each equipped with operable automatic pin setting apparatus. During
the times stated in this section, such public place with bowling lanes as aforesaid may designate a
smoking area in accordance with Section 142B.2(2)Code of Iowa.
(b) The provisions of Section 21A.101 and 21A.102 of the Municipal Code of the City of
Ames, Iowa shall not apply to that portion of a public place, as public place is defined in Section
14213.1(3) Code of Iowa, that is a fully enclosed room within such public place which room has a
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forced air ventilation system that is separate from the ventilation system for the remainder of the
public place in which such room is located, if the said public place offers the use of not less than
twelve full scale bowling lanes each equipped with operable automatic pin setting apparatus.
Sec.21A.204. RENTED ROOM SOCIAL EVENT EXEMPTION.
Section 21 A.101 and 21 A.102 of the Municipal Code of the City of Ames,Iowa shall not apply
in cases in which an entire room or hall is used for a private social function and seating arrangements
are under the control of the sponsor of the function and not the proprietor or person in charge of the
place,all in accordance with Section 142B.2(1)Code of Iowa.
Sec.21A.205. CERTAIN WORK PLACES EXEMPTION.
Section 21 A.101 and 21 A.102 of the Municipal Code of the City of Ames,Iowa shall not apply
to factories,warehouses and similar places of work not usually frequented by the general public,all
in accordance with Section 14213.2(1)Code of Iowa.
Sec.21A.300. SMOKE-FREE AREAS,HOTELS AND MOTELS.
(a) The person in custody and control of any hotel or motel shall take such measures as shall
be reasonably necessary and effective to keep all lobby areas,corridors and other common areas of
the hotel or motel free from any level of tobacco smoke that can be detected by the unaided human
sense of smell.
(b) Smoking,as defined by subsection 142B.1(4),Code of Iowa,is prohibited in any hotel
or motel lobby,corridor or other common area of the hotel or motel.
Sec.21A.301. SMOKE-FREE AREAS,CERTAIN ENTRANCES AND EXITS.
(a) The person in custody and control of any place that comes within the scope of Sections
21A.200,21A.201,21A.202, and 21A.203 of the Municipal Code of the City of Ames,Iowa shall
take such measures as shall be reasonably necessary and feasible to maintain all points within fifteen
feet of the main entrance and the main exit of such place free from any level of tobacco smoke that
can be detected by the unaided human sense of smell.
(b) Smoking,as defined by Subsection 14213.1(4),Code of Iowa,is prohibited at any point
within fifteen feet of the main entrance and the main exit of any place that comes within the scope
of Sections 21A.200,21A.201,21A.202,and 21A.203 of the Municipal Code of the City of Ames,
Iowa.
Sec.21A.400. MINORS PROHIBITED IN SMOKING AREAS.
(a) The person in custody and control of any place that comes within the scope of Sections
21A.200,21A.201,21A.202,and 21A.203 of the Municipal Code of the City of Ames, Iowa shall
take such measures as shall be reasonably necessary and feasible to prevent persons under the age of
eighteen from being present in any area where smoking,as defined in Subsection 14213.1(4)Code of
Iowa,is allowed under the Municipal Code of the City of Ames,Iowa.
(b) It is unlawful for any person under the age of eighteen to be present in any place where
smoking is allowed under the Municipal Code of the City of Ames,Iowa.
Sec.21A.500. OUTDOOR SEATING AREAS.
Outdoor seating areas shall be subject to the prohibitions,provisions and exemptions stated in
Sections 21A.101,21A.102,21A.200, 21A.201, 21A.202, 21A.203, 21A.204, 21A.205, 21A.300,
21A.301 and 21A.400,the same as indoor seating areas.
Sec.21A.600. PENALTY.
(1) Violation of Section 21A.102, 21A.300(a), 21A.301(a), and 21A.400(a) shall be a
municipal infraction punishable by a civil penalty of$500 for a person's first violation thereof,and
a penalty of$750.00 for each repeat violation.
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(2) Smoking in violation of Section 21A.101, 21A.300(b), 21A.301(b), and 21A.400(b)
shall be a municipal infraction punishable by a penalty of$25.00."
Section Two. If any section, subsection, sentence, clause or other part or portion of this ordinance shall be
adjudicated invalid,all the rest and remainder of this ordinance shall be and remain in full force and effect.
Section Three. Violation of this ordinance shall constitute a municipal infraction punishable as herein provided.
Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Five. This ordinance shall be in full force and effect on the first day following the sixth consecutive
month after its third and final passage by the City Council and publication as required by law.
Passed this day of 2001.
Diane R.Voss,City Clerk Ted Tedesco,Mayor
0594
Rev. 1-3-01
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