HomeMy WebLinkAboutA023 - Legal Opinion dated February 9, 2001 P-At. a-9-60
- City Attorney's Office
515 Clark Avenue,P. O.Box 811
Caring People Ames,IA 50010
Qnali[p Pmgrarns Phone: 515-239-5146 •Fax: 515-239-5142
Far-eplimwI Service
February 9, 2001
The Honorable Ted Tedesco, Mayor I
And Members of the Ames City Council _
FEB 9 2001
Re: Proposed Ordinance on Smoking
CITY CLERK
CITY OF AMFS,IOWA
Dear Mayor Tedesco and Council Members:
On February 6 the Mayor asked for my opinion on two questions that had been brought to him
relative to the proposed ordinance on smoking.
First:Will the proposed ordinance have any applicability to a private club? The answer is no.
The prohibitions stated in Sections 21A.101 and 21A.102 of the proposed regulations apply to "...
a `public place"' as defined by Section 142B.1(3) Code of Iowa. That definition contains the
expressions"...used by the general public...". An opinion of the Iowa Attorney General issued June
28, 1991 ruled that because of that expression,the definition of"public place"now codified as Sec.
142B.1(3) Code of Iowa does not include "... a private club frequented only by members and their
invited guests,such as a country club...". On that basis it is my opinion that the proposed ordinance
will not apply to a private club such as the Elks Club or the American Legion.
Second: Will the "10%" exemption be in conflict with the State of Iowa food regulations; or
be a deviation from those laws; or affect the way in which an establishment calculates annual
gross sales for the purpose of determining the amount of their food service license fee;or affect
in any way the manner in which public health inspections of food services in Ames are
conducted? The answer is no. The manner in which food service regulations are administered,and
how related inspections are conducted, would not be affected by enactment of the proposed
ordinance. The "10%" exemption is obtained by nothing more than the affidavit of the person in
control of the establishment. No action or involvement by the food service inspector is required.
Yours truly,
o�RKI/a��u�s
City Attorney
JRK:dls