HomeMy WebLinkAboutA026 - Memo - implementationa nd enforcement questions N
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Memo
o City Attorney's Office
Coring People
Quality Pl ogrni t
Excepriaial Service
TO: Steve Schainker, City Manager - MAR �' 9 ZQot 4
f
Terry Bird, Interim Police Chief
CITY CLECiK f
Diane Voss, City Clerk CITY OF ilMecS,IOWA
FROM: John R. Klaus, City Attorne
DATE: March 6, 2001
SUBJECT: Implementation and Enforcement of Smoking Ordinance
Questions and Answers
Q 1: What does the City Clerk have to do in connection with the so-called"10% exemption"?
Al: The Clerk has to receive, file and keep a list of the affidavits submitted for establishments stating
that non-alcoholic food sales on the premises are less than 10% of all sales on the premises.
Q2: What does the City do if someone alleges that an affidavit submitted for the 10% exemption is not
correct?
A2: Nothing.
Q3: What does the Police Department have to do under the ordinance?
A3: (1) Stay updated on the Clerk's list of exempt liquor establishments.
(2) Respond, as priorities permit,to a report that a person is smoking in a prohibited place and
issue the $25 Municipal Infraction citation to the violating smoker if the officer observes
the violation or has a sworn statement of the person who did observe the violation.
(3) Respond, as priorities permit, to a report that the person in charge of an establishment is
telling customers it is okay to smoke at a place and/or time when it is prohibited,by issuing
a$500 Municipal Infraction citation to that person if the officers,by observation or sworn
statements, have evidence of the violation.
Q4: Can a place with a liquor license and under 10% of non-alcoholic food sales be exempt without
filing the affidavit?
A4: No.
Q5: Are persons in charge of an establishment required to report to police persons who they observe
smoking in violation of the ordinance?
A5: No.
Q6: What does the City Sanitarian have to do or do differently than before.
A6: Nothing.
QT Will the City send a mailing to all liquor licensees advising on how to qualify for the 10%
exemption, with a form affidavit?
AT Yes, on or about June 1.
Q8: Will the City send a mailing to all food establishments, including liquor licensees, advising on the
time of day rule?
A8: Yes, on or about June 1.
Q9: Will police officers be provided with prepared forms forsworn statements by complaining witnesses
to a violation?
A9:• Yes.
Q 10: Can an establishment come under the 10%rule on an intermittent basis by"closing its kitchen"on
certain occasions?
A10: No.
Q11: Does the "10%" affidavit have to be filed annually or other periodic bases?
Al l: No. Once is enough. Presumably the affidavit will be withdrawn if the facts change to make it
untrue.
Q 12: Is there a way for any restaurant or bar to become exempt from the rule against smoking within 15
feet of the main entrance?
Al2: No.
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