HomeMy WebLinkAboutA027 - Memo to Hospitality Businesses, questions - City Attorney's Office
515 Clark Avenue,P.O. Box 811
Ames, IA 50010
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TO: Hospitality Businesses of Ames
FROM: Ames City Staff
SUBJECT: Smoking Ordinance— Questions and Answers
DATE: May 15, 2001
Q: When does the ordinance go into effect?
A: August 1, 2001.
Q: What will the ordinance do?
A: Three main things:
(1) Prohibit smoking anywhere in a food services establishment between 6:00 a.m. and 8:30
p.m.
(2) Prohibit smoking within 15 feet of the main entrance to a food service establishment.
(3) Prohibit persons under 18 from being in any area of a food service establishment where
smoking is allowed.
Q: Are bars exempt?
lerk a sworn affidavit that its sales of non-alcoholic
A: Only if the bar has filed with the City C
goods and services are less than 10% of its total sales.
Q: Cana place that clearly meets the 10%rule be considered exempt without filing e affidavit?
A: No, but the City Clerk will provide affidavit forms. (Sea Ste, 0.#��� 0iQ4v'�
Q: Can a place come under the 10% rule by "closing its kitchen" on certain occasions or for
certain times of day?
A: No.
Q: How often does the 10% affidavit have to be filed?
A: Once is enough. If the facts change to make it untrue, the affidavit should be withdrawn.
Q: If a liquor licensed establishment has gotten a"special event"or"time of day"permit from the
police chief to allow minors on the premises, can persons under 18 be in the establishment if
smoking is allowed?
A: No.
Q: Are persons in charge of a place required to report persons observed smoking in violation of
the ordinance to the police?
A: No.
Q: Is there a way for an establishment to become exempt from the rule against smoking within
15 feet of the entrance to a food service establishment?
A: No.
Q: Will the police respond to calls reporting a violation of the ordinance?
A: Yes, as time and priorities permit.
Q: Will the police file charges against reported violators of the smoking ordinance?
A: Yes,if the person who observed the violation will give the police a sworn affidavit identifying
the violator and stating the place, date and time that the violation occurred. Police will have
� affidavit forms for that purpose.
Q: Will there be a time and place to ask more questions of the City staff?
A: Yes, at 7:00 p.m. in the City Council Chambers, City Hall, on July 2001.
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Q; Are persons in charge of a place required to/ortpersOns observed smoking in violation of
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Q: is there wa for an establishment to become exempt from the rule against smoking within
15 feet of the entrance to a food service establishment?
A: No.
Q: Will the police respond to calls reporting a violation of the ordinance?
A: Yes, as time and priorities permit.
Will the police file charges against reported violators of the smoking ordinance?
es,if the person who observed the violation will give the police a sworn affidavit identifying
e violator and stating the place, date and time that the violation occurred. Police will have
affidavit fonns for that purpose.
Q: Will there be a time and place to ask more questions of the City staff?
A: Yes, at 7:00 p.m. in the City Council Chambers, City Hall, on July , 2001.
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City Attorney's Office
515 Clark Avenue,P.O.Box 811
Ames,IA 50010
Phone: 515-239-5146 • Fax: 515-239-514
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TO: Hospitality Businesses of Ames
FROM: Ames City Staff
Smoking Ordinance—Questions and Answers
SUBJECT:
DATE: May 15, 2001
Q:
When does the ordinance go into effect?
A: august 1, 2001.
Q: What will the ordinance do?
Three main things: a food services establishmentbetween 6:00 a.m. and 8:30
A: any-wherein
(1) Prohibit smoking
p•m' S feet of the main entrance to a food establishmen service t here
�2) Prohibit smoking wrthm 1 area of a food service
Prohibit persons under 18 from being in any
(3) smoking is allowed.
exempt? sworn affidavit that its sales of non-alcoholic I �
Q: Are bars a cl
A:
Only if the bar has filed with they% o f its total sales.�5�� � C �
goods and services are less than without filing the affidavit?
a lace that clearly meets the 10%rule b fonsdered exempt��
Q. Can p
A: No,but the City Clerk will provide affidavititchen" on certain occasions or for
Q: Can a p
lace come under the 10% rule by "closing its k
certain times of day?
A: No.
How often does the 10% affidavit have to be filed?
it untrue,
Q' change to make the affidavit should be withdrawn.
A: Once is enough. If the fact s �� « . Permit from the
gotten a,,special event or time of day
Q. If a liquor licensed establishment has g can persons under 18 be in the establishment if
police chief to allow minors on the premises,
smoking is allowed?
A: No.
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Memo
- City Attorney's Office
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Caring People
Quality Programs
Exceptional Service
TO: Steve Schainker, City Manager
Terry Bird, Chief of Police
FROM: John R. Klaus, City Attorne#,�
DATE: May 16, 2001
SUBJECT: Smoking Ordinance—Questions and Answers
With this is a proposed Q&A mailer to be sent to all liquor license and food service license holders
in early June. Please mark-up with your proposed additions or revisions.
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